Étiez-vous informés des modifications récentes à la Loi sur l’assurance parentale et à La loi sur les normes du travail (LNT) concernant les congés de maternité, de paternité et parental? Les employeurs devront revoir leur politique d’entreprise et/ou convention collective pour tenir compte de ces changements.
Ces lois ont été récemment modifiées par le projet
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
Under German law, an employer can only suspend an employee in certain cases. One of the core obligations of the employment relationship is an obligation on the employer to provide the employee with relevant work to be performed. If it fails to do so without justification, it must nevertheless continue to pay the employee. Notwithstanding
When an organisation is considering making redundancies, it is important to consider whether employees who are pregnant or on parental leave are afforded any special protections under Australian law.
Both the Fair Work Act 2009 and anti-discrimination legislation include provisions particularly relating to pregnancy and parental leave, including the right to return to the same or a similar position. The fact that declaring a position redundant may result in the termination of an individual’s employment means consideration must be had to whether the termination employee’s employment is in fact lawful, even if there are genuine grounds for making a position redundant. This takes into account whether the termination violates any of the protections afforded to pregnant and parental leave employees. In addition, the fact that the Fair Work Act 2009 provides a reverse onus of proof for adverse action matters means that there is an even higher obligation on employers to ensure that the redundancy was lawful in all of the circumstances.
The position in Australia can be contrasted against the position in France, for example, where employers are not allowed to dismiss an employee from the moment she is medically certified as being pregnant and must reinstate an employee who was terminated when pregnant when informed of her pregnancy. The position in France is discussed in an earlier post which can be assessed at the following link.
This post was also contributed by Tony Rau, Trainee, Norton Rose Fulbright LLP (Munich).
German law provides for extensive protection of pregnant employees and employees on leave in connection with pregnancy. Regarding the latter, German law distinguishes between maternity leave (i.e. 6 weeks before until 8 weeks after childbirth – or 6 weeks before until
A number of developments in UK employment law are expected this year. This post takes a look at some of the key changes.
Mandatory gender pay gap reporting
In the UK, on average, women earn less than men. In order to address this issue, and following a lengthy consultation, draft regulations have been published which,
The peak union body the ACTU has submitted a claim to the Fair Work Commission in an effort to attempt to expand entitlements for workers returning from parental leave. The claim seeks to give workers the right to work part time, among other things, and not just request it in the hope that the employer