Employment Law Updates for April 2017

L&E Global is pleased to present you with the most recent employment law updates for April 2017.

Employment Law Tracker

 

Belgium

Latest Case Law: Belgium: Always check whether a person is competent to fire an employee! A CEO fired an employee for serious cause without being competent to do so. The employee was therefore granted a severance pay by the Labour Court of Appeal. » Read More

Impending Changes of Legislation: Belgium: Unemployment with a Company Allowance: new rules! The National Labour Council has adopted new Collective Bargaining Agreements (CBA’s), which determine the age and the career requirements for the deviant systems of ‘Unemployment with a Company Allowance’. » Read More

Belgium: Reintegration of long-term sick employees now sanctioned The Government has reached an agreement on the sanctions to be imposed on employers and employees who do not fulfill their obligations with regards to the new rules concerning the reintegration of long term sick employees. » Read More

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Canada

Latest Case Law: Canada: Court dismisses union’s application for injunction restraining random drug and alcohol testing The Ontario Superior Court of Justice recently dismissed a Union’s application for an interlocutory injunction restraining random drug and alcohol testing. The Union failed to convince the Court that employees would suffer “irreparable harm” in respect of their privacy interests if the injunction was not granted. » Read More

Impending Changes of Legislation: Canada: Bill to prohibit and prevent genetic discrimination expected to receive Royal Assent Upon receiving Royal Assent and coming into force, Bill S-201 would amend the Canadian Human Rights Act to include a prohibition against discrimination on the basis of genetic characteristics, and amend the Canada Labour Code to entitle employees not to undergo or be required to undergo a genetic test. Contraventions could result in severe fines upon conviction, including fines not exceeding $1,000,000. » Read More

Other Observations: Canada: Federal Government announces extension to parental leave In its 2017 Federal Budget, the Government of Canada has proposed changes to Employment Insurance Parental Leave and Maternity Leave Benefits. The changes would extend benefits for up to 18 months from the current 12 months, but the overall rate of compensation would be lower. The changes would also increase the number of weeks for which pregnant women can claim benefits before their due date. » Read More

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China

Latest Case Law: China: Employees would be liable for breaching the non-disclosure of remuneration information clause agreed upon by both parties The current PRC Labor Law, Labor Contract Law and other related laws and regulations as well as judicial interpretations do not prohibit specifying the remuneration information as confidential information. Therefore, the non-disclosure of remuneration information clause agreed based on both parties’ real intention shall be valid, and the employee violating such clause shall assume corresponding responsibilities. » Read More

Impending Changes of Legislation: China: The new work permit system for foreigners working in China has been implemented across China as of April 1, 2017 As of April 1, 2017, foreigners who intend to work in China shall apply for the new permit(s) before working in China. » Read More

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France

Latest Case Law: France: A fixed-term contract may include a suspensive condition Legal limitations of the causes of termination of the fixed-term contract do not prevent the provision of a clause, which implements a suspension of the contract. » Read More

Impending Changes of Legislation: France: European Data Protection Regulation enters into force on 24 May 2018 In order to help employers prepare for the new European Data Protection Regulation starting 25 May 2018, the French organization that manages the impact of technological innovations on the privacy and freedoms of individuals (Commission Informatique et Liberté) has published a practical guide on its website. » Read More

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Germany

Latest Case Law: Germany: Customer request does not justify a “headscarf ban” An EC Council Directive allows for a difference of treatment based on a genuine and determining occupational requirement. The European Court of Justice ruled that it constitutes no such requirement if an employer is willing to take account of the wishes of a customer to no longer have the services of that employer provided by a worker wearing an Islamic headscarf. » Read More

Germany: Burden of proof in a court proceeding regarding payment for overtime An employee claiming payment for overtime work generally bears the burden of proof in a court proceeding. However, pursuant to a recent judgement of the Federal Labour Court, it is sufficient as a first step if the employee details which days and in what time period he/she worked or was ready to work upon instruction from the employer. Based on this, the employer will then have to present facts to dispute the overtime. » Read More

Impending Changes of Legislation: Germany: Amended Law on Temporary Agency Work (AÜG) has come into force as of 1 April 2017 The reformed version of the law should also be considered for existing contracts on personnel leasing. » Read More

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Netherlands

Latest Case Law: Netherlands: Is an employee bound by a business relations clause that is included in a staff handbook? For a business relations clause to be valid, the clause must be agreed to in writing. In a recent judgement, the High Court reconfirmed that a business relations clause can also be included in a staff handbook, provided that certain formal requirements are met. » Read More

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Spain

Latest Case Law: Spain: Relief contracts terminate when the relieved employee reaches the ordinary age for retirement Court ruling held that when the relieved employee is eligible for early retirement before reaching the ordinary age for retirement, the company cannot terminate the relief contract signed with the reliever employee. » Read More

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United Kingdom

Latest Case Law: UK: Lock decision holds the key for calculating holiday pay The Supreme Court refused to consider an appeal against a lower court decision that results-based commission must be taken into consideration when calculating an employee’s “European” holiday pay. This is significant for employers in sectors such as retail where employees tend to receive sales-based commission. » Read More

Impending Changes of Legislation: UK: Employers to auto-enroll workers in pension schemes The majority of UK workers will soon be automatically enrolled into workplace pension schemes by their employer. » Read More

Other Observations: UK: Apprenticeship Levy begins An apprenticeship levy, requiring companies with a wage bill of over £3 million to pay a 0.5% payroll tax, has been brought into force as of 6 April 2017. » Read More

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United States

Other Observations: USA: President Trump Signs Legislation and Issues Order Ending Obama-Era Fair Pay and Safe Workplaces Executive Order President Donald Trump signed into law H.J. Resolution 37. As a result, federal contractors will not be required to report alleged labor violations to federal agencies as part of the bid process or implement measures to foster pay transparency. » Read More

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