July 2014

The legal principles

All employees are granted a right to benefit from access to professional training in the course of their employment. In this respect, the French Labour Code states that the employer must ensure the employees’ adaptation to their job position and must secure the maintenance of the employees’ capacity to perform their tasks,

The amendments to the Employment Equity Act will finally come into operation this Friday, 1 August 2014.

On Friday, the law regulating employment equity and discrimination as we know it will change considerably.  We previously alerted you to these changes:

The beneficiaries of affirmative action (designated groups) will be limited to black people, women and

This post was written by María Gabriela Vicent, Associate, Norton Rose Fulbright (Caracas)

A new Law for Registration and Enlisting for the Integral Defense of the Nation (the “Law”) was enacted on June 25, 2014, forcing individuals and companies to register in the Integral Defense Registry (Military registry).

Among the obligations set by the Law

À moins de la commission d’une faute grave, tel que l’entend la Loi sur les normes du travail, par le salarié ou d’une entente avec le salarié, la réponse est NON.

Cela a été confirmé par la Cour suprême du Canada vendredi dernier, dans son jugement rendu dans l’affaire Québec (Commission des normes

The highlights of these changes, which now apply throughout Canada except Quebec (with the exception of increased processing fees) are as follows:

  • The “Labour Market Opinion” (LMO) is now called a “Labour Market Impact Assessment” (LMIA). Employers must provide more information, such as the number of Canadians or permanent residents who applied for an available

The decision of the Supreme Court of Canada in IBM Canada Limited v Richard Waterman, [2013] 3 S.C.R. 985, considered whether employees’ pension benefits should be deducted from damages for wrongful dismissal. The majority concluded, on the facts of this case, that no such deduction should occur.

The company dismissed a 65-year-old employee

In Quebec, employees’ rights to statutory holidays and annual vacation are governed by the Act Respecting Labour Standards (“ALS”), which foresees the minimum working conditions for Quebec employees.

Statutory holidays

Quebec employees, working full or part time, benefit from the following statutory holidays (s. 60 ALS):

  1. January 1st (New Year’s Day);
  2. Good

Under Colombian legislation employees hired by their employers by means of an employment agreement are entitled to mandatory rest days, such as national holidays which are stated in the Colombian Labor Code.

According to Article 177 of the mentioned code, employees (…) are entitled to paid rest days on the following holidays, both of civil

Venezuelan labor rights may not be waived by the parties, that is, they are rules of public policy and the Labor Law’s provisions must be applied even over the will of the parties. In addition, the principles of favor, non-waivability, intangibility and progressiveness of labor rights are a warranty to prevent a retreat in achieved