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Ontario Ministry of Labour issues Guidance on “Disconnecting From Work” Policies

As we previously reported, the Ontario Employment Standards Act, 2000 (ESA) requires that employers with 25 or more employees have a written policy addressing “disconnecting from work” in place by June 2, 2022. The legislative amendments were described in our previous blog post. The ESA itself provides very little information on the required contents of … Continue reading

Top Four Ways to Tank a Termination Clause: What Employers Don’t Know can Cost Them

At common law, it is an implied term of every employment contract that, absent just cause to end the employment relationship, an employer must provide an employee with reasonable notice of termination (or pay in lieu). This obligation can be quite substantial, with severance awards upwards of 24 months’ salary plus compensation for things like … Continue reading

All Change for Right to Work Checks

The Home Office has released updated guidance on right to work checks, to reflect changes which are due to come into effect, from 6 April 2022. Rights to work checks From 6 April, employers will no longer be able to carry out manual right to work checks for employees/candidates who are biometric card holders.  Instead … Continue reading

Act on gender diversity in boards

On 1 January 2022, a new Act on gender diversity in boards of Dutch companies has entered into force. The Act provides for quotas to apply to supervisory boards and non-executive directors of Dutch companies listed on Euronext Amsterdam (AEX). In addition, large Dutch companies (as defined below) have to adopt appropriate and ambitious targets … Continue reading

What to expect in employment law in Germany in 2022

Legal innovations Amended regulations apply to this year’s works council elections taking place from March 1 to May 31, 2022. Pursuant to Section 24 (2) of the Election Regulations of October 8, 2021 (BGBl. I 4640/2021), HR departments are required to provide, in addition to the typical employee data used to draw up the electoral … Continue reading

Practical Tips for Managing Immigration Matters in the Cycle of a Corporate Transaction

Corporate transactions can uncover a number of immigration considerations, particularly if the buyer, seller, or target company, or any entity involved in the transaction, has a sponsor licence. Even without the complexities of a sponsor licence and the duties of the company, immigration issues can arise relating to the prevention of illegal working.  Quite often … Continue reading

Surveillance et recevabilité du rapport d’enquête : un rappel du test applicable

La Cour d’appel du Québec, dans Centre de services scolaire de Montréal (Commission scolaire de Montréal) c. Alliance des professeures et professeurs de Montréal (FAE), rappelle le caractère exceptionnel de l’exclusion d’une preuve pertinente – en l’espèce, un rapport d’enquête suite à une surveillance physique d’une employée – dans le cadre d’un litige et ce, … Continue reading

The right of substitution in worker status cases.

The UK Court of Appeal has delivered its judgement in another case looking at the issue of employment status regarding those working in the gig economy. In the UK there are three levels of employment status: Self-employed, worker and employee.  Determining employment status is important for understanding the employment rights to which an individual is … Continue reading

Disciplinary procedure: a preliminary meeting may be necessary before issuing an official written warning to an employee

Disciplinary procedures are strictly regulated under French employment law. However, when an employer issues an official written warning to an employee because he has committed an act of misconduct, the employer can, in principle, be less formal. Unless the Collective Bargaining Agreement applicable to the company sets out any specific obligation, it is sufficient for … Continue reading

Procédure disciplinaire : avertissement et entretien préalable

Attention : un entretien préalable peut s’avérer nécessaire avant de notifier un avertissement ! La procédure disciplinaire en France est strictement encadrée. Néanmoins, la notification d’un simple avertissement n’implique en principe pas l’obligation d’organiser un entretien préalable avec le salarié. Il s’agit simplement d’indiquer au salarié par écrit qu’il a commis une faute et, que si son … Continue reading

New Record of Employment Coding Guidance for COVID-19 Vaccination Refusals

Canadian employers should be aware that Employment and Social Development Canada (“ESDC”) issued new guidance on coding of Records of Employment (“ROE”) for employees whose employment ends after failing to comply with a mandatory vaccination policy in the workplace. Canada’s Employment Insurance (“EI”) regime provides temporary income support to unemployed workers. Employees are not eligible … Continue reading

Federal Pay Equity Update

We would like to remind federally-regulated employers that they are generally required to post a notice informing their employees of their obligations under the Pay Equity Act by November 1, 2021. The government has published a template notice and guidance here. Key things to keep in mind include: Employers can draft their own notice or … Continue reading

The new German Works Council Modernization Act

The “Act to Promote Works Council Elections and Works Council Activities in a Digital Working World” (Betriebsrätemodernisierungsgesetz – Works Council Modernization Act) came into force on June 18, 2021. The Act is intended to facilitate the activities of works councils and to strengthen the co-determination rights of works councils with regard to the use of … Continue reading

New Immigration Routes in New Innovation Strategy

On 22 July, the UK Government published a UK Innovation Strategy which sets out the government’s vision to make the UK a global hub for innovation by 2035.  As part of this strategy, the UK intends to make the UK the most exciting place for innovation and talent.  This means introducing new visa routes and … Continue reading

Germany: Exclusion clauses put to the test

Regularly agreed in employment contracts, exclusion clauses shorten the statutory limitation period for claims arising in the employment relationship and ensure certainty between employer and employee especially with regards to claims that are years old. In a remarkable decision the German Federal Labour Court (BAG, 26.11.2020 – ref. 8 AZR 58/20) has fundamentally changed the … Continue reading

SafeWork NSW approves Code of Practice on managing psychosocial hazards

SafeWork NSW has approved Australia’s first Work Health and Safety (WHS) Code of Practice on managing psychosocial hazards at work (the Code). The Code took effect on 28 May 2021. The WHS Act provides that an approved code of practice is admissible in Court proceedings as evidence of whether or not a duty or obligation … Continue reading

Is the failure to enhance shared parental leave pay discriminatory when adoption leave pay is enhanced?

In the case of Price v Powys County Council, the Employment Appeal Tribunal have upheld the tribunal’s decision that there is no sex discrimination where an employer pays a man on shared parental leave less than a woman on adoption leave. In the UK, Shared Parental Leave (SPL) provides flexibility for parents to take leave … Continue reading
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