Changes to Australia’s Heavy Vehicle National Law (HVNL) will come into effect on Monday, 1 October 2018.
The changes align the HVNL more closely with the model Work Health and Safety Act, by introducing:
Anonymous reports have been mistrusted for a number of years in France, for historical reasons. While anonymity enables individuals to raise their voice more openly, without being the targets of retaliation measures, it can also drift into slander.
This explains a specificity of French law under which whistleblowers using ethicals lines are strongly encouraged to
There are a number of timelines under the Fair Work Act 2009 (Cth) (FW Act) to be aware of when making and applying for approval of a single enterprise agreement. If these timelines are not complied with, it is likely that the agreement will not be approved by the Fair Work Commission (FWC). One such timeline relates to the access period. The access period is the 7-day period ending immediately before the start of the voting process for the proposed agreement.
In Mondelez Australia Pty Ltd [2018] FWC 2140 the Fair Work Commission (Commission) confirmed shiftworkers are entitled to 10 days of personal/carer’s leave to be taken and accrued as a daily entitlement based on the hours ordinarily worked by a particular employee in a day. As a result, shiftworkers are entitled to payment for the full duration of their shift whilst on personal/carer’s leave rather than a standard 7.6 hours per day.
The Fair Work Commission reached a similar decision again this year in Australian Workers’ Union, The v AstraZeneca Pty Ltd [2018] FWC 4660 when it was asked to rule on how personal/carer’s leave is to be calculated for shiftworkers at pharmaceutical company, AstraZeneca Pty Ltd. In this case, the Commission held the entitlement to personal/carer’s leave differs between the employer’s rosters of 12 hour shifts and 10.28 hour shifts, and should not be calculated based on an average of hours worked.
The occurrence of certain events in an employee’s personal life may give rise to authorized leave for family reasons, particularly in case of bereavement.
The French labor code provides for a list of events entitling an employee to take leave. These provisions are of Public Order and therefore cannot be derogated from in a way
French law implemented in 2017 the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours.
The purpose of this legislation is to protect the employees’ work-life balance and their right to rest periods.
The law did not provide details of how employers should implement the
Mit einer Entscheidung vom 6. September 2018 stärkte der EuGH (C-527/16) die Bedeutung der sozialversicherungsrechtlichen A1-Bescheinigung. Zur Vermeidung doppelter Sozialversicherungsbeiträge in zwei verschiedenen EU-Staaten bescheinigt dieses Entsendeformular, welches Sozialsystem für einen Versicherten zuständig ist. Die A1-Bescheinigung ist selbst bei sehr kurzen Dienstreisen ins Ausland erforderlich und zwar sowohl für Arbeitnehmer als auch für Selbstständige.
A FIFO worker who was purportedly engaged as a “casual” under an enterprise agreement has successfully claimed an entitlement to annual leave under both the National Employment Standards (NES) and the terms of the enterprise agreement.
The full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 opens the way for further claims by employees who are engaged as casuals but work regular and consistent hours.
South Africa has no formal guidelines or regulations canvassing the often controversial topic of office dress code. However both the Employment Equity Act of 1998 (EEA) and the Labour Relations Act No 66 of 1995 (LRA) contain provisions outlawing discrimination and dismissals related to discrimination. What is deemed appropriate will be
Earlier this week, the U.S. Department of Labor (“DOL”) issued six advisory opinion letters on various Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”) issues. From time to time, opinion letters such as these are issued to provide legal guidance to employers.
The DOL opinion letter likely to be of most interest to US companies is the one that addressed whether an employee in good health who voluntarily chooses to undergo organ donation surgery could use FMLA leave for post-operative care. See FMLA2018-2-A. The DOL opined that this would qualify as a “serious health condition” under the FMLA if it involved either “inpatient care” or “continuing treatment.” See 29 C.F.R. §§ 825.114 and 825.115.
Though the DOL opinion letter touched on medical certification as a “basic requirement” for FMLA leave, the DOL did not appear to find it significant that the employee was choosing to undergo the surgery voluntarily and “solely to improve someone else’s health.” Instead, it focused on the medical treatment that would be involved in the organ donation surgery.
The other DOL opinion letters covered a variety of topics, and set forth the following opinions: