Since 1972, there have been numerous laws on professional equality between men and women but the gender pay gap remains a crucial issue which has not been resolved yet.
The parliament voted a new law on 5th September 2018 creating an index to be used to measure the gender pay gap in companies.
Since 1st
Le harcèlement sexuel est défini, dans le Code du travail, par « des propos ou comportements à connotation sexuelle répétés qui soit portent atteinte à [la] dignité [du salarié] en raison de leur caractère dégradant ou humiliant, soit créent à son encontre une situation intimidante, hostile ou offensante ».
Le Code du travail prévoit
The French employment Code defines sexual harassment as “repeated sexual comments or conduct that either violate the [employee’s] dignity because of their degrading or humiliating nature or create an intimidating, hostile or offensive situation against the employee“.
The French employment Code also assimilates to sexual harassment “any form of serious pressure, even
A recent UK case considered whether an employer acted reasonably in requiring an employee, who was not a national of the European Economic Area (EEA), married to an EEA national, to produce documentation to show his right to work in the UK.
In the UK:
1) it is illegal to for an employer in the
In an important decision last month, the Full Court of the Federal Court of Australia upheld the appeal of an employer who claimed, in dismissing a client executive who had been absent from work for 7 months due to mental health issues, it had acted lawfully and not dismissed him because of his illness.[1]
The judge at first instance had found the employer liable for breaching the ‘adverse action’ provisions of the Fair Work Act 2009 (Cth) (FW Act) because the employee’s mental illness could not be disaggregated from the employer’s reasons for dismissal.[2] This decision was seen by many as setting a dangerous precedent and employers should welcome the clarification provided by the Federal Court appeal bench.
As part of the “Third Bureaucracy Relief Act” the German government intends to introduce an electronic submission procedure for medical certificates regarding the incapacity of employees. More than 80 million of such certificates are issued every year by doctors in Germany. Replacing extensive documentation and record-keeping duties will allow medium-sized companies in particular to reduce
As part of its Good Work Plan, the UK Government has recently published a response and a consultation paper on proposals which will protect and support families and pregnant women. The first Government paper considers extending redundancy protection for women and new parents. The second consultation looks at various proposals to support families, including a
The termination of Israel Folau’s $4m playing contract has set the scrum for a Federal Court case which is likely to shape the landscape of religious expression and vilification in the employment context.
Background
Folau’s controversial “warning” on Instagram stated that “Hell awaits” those who are “homosexuals … thieves and atheists”, among others, telling them they should ”Repent!” because “only Jesus saves”.
Along with NSW Rugby, Rugby Australia’s (together, Rugby Bodies) initial decision to sack Folau because of a high level breach of the Professional Players Code of Conduct was upheld by a Code of Conduct hearing. The parties were also unable to reach a settlement agreement in the Fair Work Commission late last week.
It is now likely Folau will issue proceedings in the Federal Court of Australia under the general protections provisions of the Fair Work Act 2009 (FW Act), arguing that the termination of his employment occurred because of his religion, which constitutes adverse action taken for a prohibited reason in breach of the FW Act.
In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave.
Whilst many employers do not pay enhanced
As reported in an earlier post, the UK Government introduced mandatory gender pay gap reporting in 2017.
An independent review conducted in 2017, Race in the workplace, made a number of recommendations for removing the barriers to workplace progression faced by ethnic minorities including the introduction of mandatory reporting of ethnicity pay data. At