Latest updates

GDPR: one year on
Castegnaro
  • Luxembourg
  • 17 July 2019

Luxembourg implemented the EU General Data Protection Regulation through the Law on the Organisation of Luxembourg's National Commission for Data Protection and the General System for Protecting Data. The law made a number of changes to the Labour Code, including extending the circumstances in which employers can process personal data to monitor their employees. Further, employers no longer have to obtain prior authorisation to monitor employees.

British Columbia Court of Appeal confirms stringent test for family status discrimination
Fasken
  • Canada
  • 17 July 2019

Family status discrimination continues to be an area in which the law differs across Canada. In British Columbia, the test for family status discrimination has been more stringent than in other parts of the country for the past 15 years. A recent case involving a project manager who was assigned to work in another province for eight to 10 weeks a few months after the birth of his first child confirms that a personal preference to provide childcare, without additional factors, does not trigger a duty to accommodate based on family status.

Voluntary overtime must be included in holiday pay if sufficiently regular and settled
Lewis Silkin
  • United Kingdom
  • 17 July 2019

The Court of Appeal recently confirmed that the EU Working Time Directive requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. This ruling is in line with other recent cases which have covered what should be considered when calculating holiday pay. It provides clear authority that employers should include sufficiently regular and settled voluntary overtime in their holiday pay calculations.

Legal aspects of organised labour
Fischer Behar Chen Well Orion & Co
  • Israel
  • 17 July 2019

Collective labour law in Israel is a dynamic and constantly evolving field. In the past decade, many important changes have taken place with respect to collective labour law which have greatly influenced the scope of organised labour. This article examines the legal aspects of organised labour, the protection of the right to organise and the support granted by the labour courts to organisers and the definition of collective bargaining units and workers' organisations.

New DIFC Employment Law – everything you need to know
Pinsent Masons
  • United Arab Emirates
  • 17 July 2019

The new Dubai International Financial Centre (DIFC) Employment Law has now been published and will come into force on 28 August 2019. This article discusses what this means for employers in the DIFC and the impact of the key changes being introduced. DIFC employers should familiarise themselves with the new law and ensure that their employment contracts, policies and business practices are in line with the new regime.

Jobs Act: dismissal for cause
Stanchi Studio Legale
  • Italy
  • 10 July 2019

The Supreme Court recently ruled on the scope of reinstatement protection in the event of dismissal for cause provided by Article 3 of the Jobs Act. Despite the rule providing for reinstatement to be linked to the non-existence of disputed material facts, the court considered that reinstatement should occur not only when the material facts of a case did not take place, but also when they are insignificant from a disciplinary perspective.

Failing to enhance pay for shared parental leave is not sex discrimination
Lewis Silkin
  • United Kingdom
  • 10 July 2019

In an emphatic judgment, the Court of Appeal has ruled that it is not direct discrimination, indirect discrimination or a breach of equal pay rights to provide enhanced pay for maternity leave and statutory pay only for shared parental leave (SPL). This judgment is good news for employers, as it sends a clear message that it is lawful to enhance maternity pay but provide statutory pay only for SPL.

Mandatory mediation in labour disputes – an overview
Gün + Partners
  • Turkey
  • 10 July 2019

Applying for mediation was recently made a prerequisite when filing a lawsuit concerning monetary claims by employees or employers arising out of employment contracts, collective labour agreements or reinstatement claims. Mandatory mediation was introduced to accelerate legal proceedings and lower the costs in employment disputes.

Overturning lower court's decision – Court of Final Appeal hands down milestone judgment to LGBT community
Howse Williams 何韋律師行
  • Hong Kong
  • 10 July 2019

The Court of Final Appeal recently handed down a landmark judgment in favour of the LGBT community. Employers are recommended to review their policies to ensure that they are in line with the principles laid down in the decision. In particular, employers should ensure that spousal employment benefits (eg, those set out in employment contracts) also apply to same-sex spouses, in addition to opposite-sex spouses.

Keeping up with the times: EPF goes digital
Shardul Amarchand Mangaldas & Co
  • India
  • 10 July 2019

The employees' provident fund is a social security fund comprising contributions from employers and employees, which are paid to employees on their retirement. The entire process is administered by the Employees' Provident Fund Organisation (EPFO), which is a statutory body established by the Ministry of Labour and Employment. To keep up with digitisation, the EPFO recently updated the process under which subscribers can withdraw and transfer provident funds.

Conditions and consequences of CEO employment termination
Wistrand
  • Sweden
  • 10 July 2019

Company leaders such as CEOs are expressly excluded from the scope of the Employment Protection Act. Therefore, the parties to a CEO's employment agreement must agree its terms. However, the reasonability and validity of the agreed terms and conditions may be assessed or determined by the Swedish courts. Given the lack of applicable law in this area, the parties to a CEO's employment agreement must agree on the terms relating to both active employment and termination (by either party).

Recent labour law amendments
Homble Olsby | Littler
  • Norway
  • 10 July 2019

Norway's labour legislation has undergone a number of amendments in recent months. For example, Parliament recently adopted a proposal to further strengthen the position of whistleblowers and amendments enhancing the rights of seafarers are set to enter into force in August 2019. In addition, in order to lower the threshold for processing sexual harassment disputes, the Anti-discrimination Tribunal has been authorised to enforce the prohibition on sexual harassment in the workplace.

Sufficient evidence is key to overturning release for unfairness
Fasken
  • Canada
  • 10 July 2019

A recent Ontario Court of Appeal decision has confirmed that a release signed by an employee should be overturned for unfairness only if there is clear evidence of a lack of fairness. The court specifically cautioned against making conclusions on motions without sufficient evidence, which may cause plaintiffs and defendants alike to reconsider under what circumstances the court will grant summary judgment.

Can employees who fail to complete their trial period claim bonuses?
Castegnaro
  • Luxembourg
  • 03 July 2019

In addition to an employee's basic monthly remuneration, employment contracts often provide for the payment of various bonuses or gratuities, the specifics of which can be freely agreed by the parties to the employment relationship. In a recent dispute between a chief operating officer and her former employer, the Court of Appeal considered whether the annual bonus provided for in the employee's contract was owed to her since she had failed to complete her trial period.

Amendments to Workers Compensation Act and Employment Standards Act pass further readings
Fasken
  • Canada
  • 03 July 2019

Bill 18 – Workers Compensation Amendment Act 2019, which proposes to expand the definition of 'firefighter' under the Workers Compensation Act for the purpose of presumptions in favour of compensation for firefighters, has passed its third reading in the British Columbia Legislature. In addition, the second reading of Bill 8 – Employment Standards Amendment Act 2019 has been held, providing additional details around some of the government's proposed amendments to the act.

Employee ordered to pay more than £500,000 in legal costs in breach of restrictive covenants and data privacy case
Lewis Silkin
  • United Kingdom
  • 03 July 2019

Following a trial in the High Court where an employer was awarded final injunctions to prohibit a former employee from breaching post-termination restrictions, the losing employee was ordered to pay 90% of his former employer's legal bill. This is a useful decision for employers, as it demonstrates that a reasonable and proportionate email trawl need not infringe an employee's privacy rights.

#MeToo following Epic Systems
Dentons US LLP
  • USA
  • 03 July 2019

This article reviews the impact of the #MeToo movement, and other corporate culture concerns, on employers and its connection with the Supreme Court's decision in Epic Systems. There is concern that the court's decision will, in many cases, deprive women and men who have been victims of sexual assault or harassment in the workplace of their right to bring collective or class actions, as Epic Systems has forced employees to bring their claims through one-on-one arbitration.

Casting a wider net – ESI rates amended
Shardul Amarchand Mangaldas & Co
  • India
  • 03 July 2019

The Employees' State Insurance (ESI) (Central) Rules 1950 were recently amended to reduce the required rates of contribution to the statutory fund maintained by the ESI Corporation for the provision of sickness and health benefits. The aim of this change is to cast a wider net by expanding social security coverage to a larger part of the population. However, news reports indicate that – as is often the case – the change has come under criticism.

Amending the Broader Public Sector Executive Compensation Act
Fasken
  • Canada
  • 26 June 2019

In 2018 the Ontario government issued a new compensation framework regulation that continued to freeze the current levels of compensation for executives at most designated employers within the broader public sector. While the freeze remains in effect, proposed amendments indicate that the government will be introducing a new regulation – and new compensation frameworks – that will provide further guidance on executive compensation going forward.

Industrial tribunals against the Macron scale: rebels with a cause?
Coblence & Associés
  • France
  • 26 June 2019

The so-called 'Macron ordinances' overhauled the Labour Code in September 2017. One of the main effects was the introduction of a schedule of damages in French labour law, whereby a judge can award damages for unfair dismissal only within certain limitations depending on the employee's seniority. While some lower courts have applied the new law, an increasing number of courts are challenging it on the basis that it would be contrary to international law.

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