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The dangerous combination of the right to disconnect and the concept of on call-duty

Laure JoncourBy Laure Joncour on Posted in Europe, France, General
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 … Continue reading

Update for New York City employers: New required anti-sexual harassment poster and information sheet published; compliance required beginning September 6, 2018

David Gallai (US)Rachel Kurth (US)By David Gallai (US) and Rachel Kurth (US) on Posted in General
In May 2018, we reported on New York City’s recent enactment of a number of laws addressing sexual harassment in the workplace.  For further information, see our prior Global Workplace Insider post, New York City employers take note: New anti-sexual harassment laws enacted.  As we previously reported, effective September 6, 2018, all New York City … Continue reading

Corporate Governance Reform – new disclosure requirements

Global Workplace InsiderBy Amanda Sanders on Posted in General, UK
Following on from it proposals for reform, which we reported on at the end of last year (Corporate Governance Proposals), the UK Government has now published draft regulations, (the draft Companies (Miscellaneous Reporting) Regulations 2018). The Draft Regulations will implement some of the proposals, in particular in relation to holding larger companies to account for … Continue reading

Restructuring due to AI technology

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in General, South Africa
Technological advancements in artificial intelligence will impact heavily on the transportation industry and jobs.  Artificial intelligence in the transport industry is a double-edged sword.  While it will create new job opportunities, the technology will render others obsolete.  The question around the use of autonomous self-driving cars is no longer hypothetical.  All Tesla vehicles have the … Continue reading

Coming Soon: Heightened Accountability and Transparency in Federal Employment Equity

Stéphane EricksonBy Stéphane Erickson on Posted in Canada, Discrimination and harassment, General
In Canada, most federally regulated employers in the private and public spheres are subject to the Employment Equity Act, or in French, la Loi sur l’équité en matière d’emploi (the “Act”). First enacted in 1986, the Act’s objective is to ensure that federally regulated employers proactively engage in equitable practices that reduce barriers and counter … Continue reading

The UK Government’s Good Work Plan and the Gig economy

Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Europe, General, UK
Further to our post on the UK Government’s announcement (7 February 2018) of its Good Work plan following the Taylor review of Modern Working Practices published in July last year (the Review), the Government’s full response has now been published (the Response) together with the four consultation documents promised. The key proposals detailed in the … Continue reading

Bericht zur Gleichstellung und Entgeltgleichheit erstmals in 2018 aufzustellen!

Anja LingscheidBy Anja Lingscheid on Posted in Europe, General, Germany
Die Umsetzung guter Vorsätze: Erstmaliger Entgeltbericht nach dem Entgelttransparenzgesetz Ganz oben auf der To-Do-Liste für 2018 steht – neben den Vorsätzen für das neue Jahr – für viele Unternehmen die erstmalige Aufstellung des Berichts zur Gleichstellung und Entgeltgleichheit nach dem Entgelttransparenzgesetz. Der Bericht ist im Jahr 2018 erstmals zu erstellen – Berichtszeitraum ist dabei das … Continue reading

What is the latest on employees’ rights in the event of redundancy in Germany?

Stefanie RadinaBy Stefanie Radina on Posted in Europe, General, Germany
In business, the restructuring of a company (such as by the closure of an individual business unit or a necessary reduction in the number of staff) may result in an employee’s redundancy. However, dismissing an employee by reason of redundancy has strict prerequisites under German law. The main requirements which must be observed under German … Continue reading

Union-friendly amendments to the certification process included in Ontario Bill 148, Fair Workplaces, Better Jobs Act

John MastorasBy John Mastoras on Posted in General
The Fair Workplaces, Better Jobs Act, 2017 (Bill 148) includes a number of union-friendly changes to the certification process in Ontario.  If implemented, the Bill 148 amendments could increase the number of union drives and successful applications for certification. None of the proposed changes affect the construction industry. Currently under the Labour Relations Act, 1995 … Continue reading

Ontario Bill 148, Fair Workplaces, Better Jobs Act, 2017 proposes considerable changes to equal pay for equal work provisions

Kaley DoddsJohn MastorasBy Kaley Dodds and John Mastoras on Posted in Canada, General
The recently released Fair Workplaces, Better Jobs Act (Bill 148) proposes considerable changes to Ontario’s Employment Standards Act (ESA), including a number of new equal pay for equal work provisions. If passed, Bill 148 would considerably expand the current ESA equal pay provisions, which only contemplate equal pay between the sexes. In particular, the proposed … Continue reading

Ontario Bill 148, Fair Workplaces, Better Jobs Act proposes considerable changes to employers’ scheduling of work

John MastorasBy John Mastoras on Posted in General
The scheduling of work is one of many areas that would see significant revamping under Ontario’s proposed Fair Workplaces, Better Jobs Act (Bill 148). Bill 148 was recently released in response to the highly anticipated Changing Workplaces Review Final Report, which recommended sweeping changes to Ontario’s Employment Standards Act (ESA) and Labour Relations Act. Bill … Continue reading

Ontario’s Changing Workplace Review: Final Report Expected Soon

John MastorasBy John Mastoras on Posted in General
Late last week, in an interview with the CBC, Ontario Minister of Labour, Kevin Flynn said that the Changing Workplace Review Final Report will be publicly available late this spring.  The minister said that the government is currently reviewing the special advisors’ recommendations for changes to the Labour Relations Act and the Employment Standards Act, … Continue reading

Key employment law developments expected in 2017

Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Contracts, General, Germany
A significant amount of new employment legislation is expected or is already in place for 2017. Key changes will be in the hiring of temporary workers through an agency (referred to as “personnel leasing” in Germany), employee protection and equal treatment. Reform of laws regarding personnel leasing One of the main developments in 2017 will … Continue reading

Geplantes Entgelttransparenzgesetz

Anja LingscheidBy Anja Lingscheid on Posted in General, Germany
Mit dem geplanten Entgelttransparenzgesetz will die Bundesregierung Lohnunterschiede zwischen Frauen und Männern abschaffen. Durchschnittlich ist die Vergütung von Frauen in gleichwertigen Positionen 7 Prozent niedriger als die von Männern. Dieser sogenannte „Gender Pay Gap“ soll mit dem am 11. Januar 2017 vom Bundeskabinett beschlossenen „Gesetz zur Förderung der Transparenz von Entgeltstrukturen“ bekämpft werden. Mehr zum … Continue reading

Intra-Corporate Transfer Directive implemented in the Netherlands

Thomas TimmermansSaskia de SchutterBy Thomas Timmermans and Saskia de Schutter on Posted in Europe, General, The Netherlands
On November 29, 2016 the Dutch Royal Decree (the Decree) which implements the European Intra-Corporate Transfer Directive (2014/66/EU) (the Directive), came into force. The Directive applies to secondments of non-EU citizens satisfying certain conditions whose main place of residence is outside the EU (Expats) to an EU Member State. The Directive simplifies the admission procedure … Continue reading

Where winning is everything: the renewal of fixed-term contracts in professional sports

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in Contracts, General, South Africa
This article was written by Lee Crisp, an Associate  at Norton Rose Fulbright South Africa Fixed term contracts are favoured by employers in the sports industry. As professional sport is heavily performance driven, fixed term contracts give employers a measure of flexibility in contracting with employees.  While fixed-term contracts have benefits, both employees and employers … Continue reading

Texas federal judge puts the brakes on the DOL’s new overtime regulations

Global Workplace InsiderKimberly Cheeseman (US)Matt Heller (US)By Mario Barrera (US), Kimberly Cheeseman (US) and Matt Heller (US) on Posted in General, United States
Employers who had been searching for a way to best  implement the Department of Labor’s new overtime regulations (the “Final Rule”), which are set to go into effect on December 1, 2016, received an early holiday gift on Tuesday, and from one of President Obama’s appointed jurists, no less.  On November 22nd, Judge Amos Mazzant … Continue reading

The Foreign Nationals Employment Act

Thomas TimmermansSaskia de SchutterBy Thomas Timmermans and Saskia de Schutter on Posted in General, The Netherlands
Financial risks when using foreign workers in the Netherlands Hiring contractors or temporary employment agencies that employ foreign workers in the Netherlands, can create financial risks of which you should be aware. If foreign workers carry out activities for the benefit of your business, you should comply with legal obligations under the Foreign Nationals Employment … Continue reading

Insurance premiums can push an employee over the high income threshold and exclude them from the Federal unfair dismissal regime

Kamna MuddagouniBy Kamna Muddagouni on Posted in General
Subject to limited exclusions, employees will have access to the unfair dismissal regime under the Fair Work Act 2009 (Cth) (FW Act) if their annual rate of earnings is less than the high income threshold. Currently the high income threshold is $138,900. For the purpose of assessing whether the high income threshold applies in relation … Continue reading

Reform of the German Law on Temporary Employment

Anja LingscheidBy Anja Lingscheid on Posted in Europe, General, Germany
This post was also contributed by Bastian Semmel, International Trainee, Norton Rose Fulbright LLP (Frankfurt). With effect from 1 January 2017, the German legislation on temporary employment will be reformed, as the Federal Cabinet recently passed a draft law regarding this matter on 1 June 2016. These changes are designed to address the misuse of temporary … Continue reading
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