In recent months, discussions have been ongoing regarding the so-called “labor deal” in Belgium, which will entail various changes to Belgian employment law. Can employees insist on a four-day working week? Are employees entitled to a “right to disconnect” after working hours? On Thursday 29 September 2022, the federal parliament officially approved the draft law implementing the labor deal (thereby addressing such questions).
The Employment Appeal Tribunal has held that an original version of a grievance investigation report that did not attract legal advice or litigation privilege when it was drafted could not acquire privilege status retrospectively.
The Code of Practice: Chief Executives’ and Board of Directors’ Workplace Safety and Health Duties will, when gazetted in October 2022, apply to all directors and equivalent officers involved in policy making and executive decisions for business affairs of companies in all industries, even for companies which have no manual work and little risk of physical injury.
The European Whistleblowing Directive was to be implemented by the European Union’s 27 member states by no later than 17 December 2021, impacting employers with operations in those jurisdictions. Member states are still passing their implementing legislation, meaning employers are facing a period of intense activity as they adapt to changes in legislation across the region.
The Constitutional Court in South Africa recently clarified the application of the doctrine of common purpose in the employment law context. The Constitutional Court answered the question as to whether an employer may apply the doctrine of common purpose to dismiss employees for misconduct where the employees were spectators to a violent assault during an unprotected strike. This decision has implications for employers who intend to dismiss employees for these reasons.
The government has announced its Growth Plan 2022. The key employment-related aspects are: the repeal of IR35 reforms introduced in 2017 and 2021; the removal of the bankers’ bonus cap; requirements for trade unions to put pay offers to a member vote and to maintain minimum service levels during strike action; reductions to income tax rates; an increase to the company share option plan limits. The government also reconfirmed plans to reverse a rise in National Insurance contributions and to scrap a planned health and social care levy.
The newly revised Shanghai Labor Union Regulations came into effect on 1 June 2022. The recent round of revisions to the Regulations place emphasis on the democratic management of companies, though the revisions are stated in the form of general principles and provide little concrete guidance. The added provisions regarding gig workers are in line with recent national guidance over the past couple of years focusing on the rights and interests of gig workers. Companies with a labor union should pay particular attention to the obligation to notify the union of their unilateral termination of employment contracts.
A new decision by the Federal Labour Court (BAG) includes an important change in the law: On 13 September 2022, Germany’s highest labor court ruled that employers – regardless of the size of the company and the existence of a works council – must record the working hours of their employees.
Through The Employer Report blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labor and Employment issues affecting US and multinational employers.
Through the Canadian Labour and Employment Law blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labour and Employment issues affecting Canadian and multinational employers. Our team of Employment & Compensation lawyers based in Baker McKenzie’s Toronto office work with…