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Employment & Benefits

24 April 2019
Gillian Round When are mandatory arbitration clauses unenforceable?

Canada - Fasken

A recent Ontario-based decision creates uncertainty for many Canadian and international employers operating in Canada that include mandatory arbitration clauses in employment or independent contractor agreements, because each province has a similar rule against contracting out of employment standards legislation. If the clauses could be interpreted as limiting the right to file a complaint with the Ministry of Labour or another employment standards regulator, they should be reviewed and revised by the company's lawyers.

Author: Gillian Round
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Pooja Ramchandani Supreme Court rules on whether special allowances constitute basic wages for purposes of PF contributions

India - Shardul Amarchand Mangaldas & Co

The Supreme Court recently examined whether certain components of an employee's overall salary are subject to provident fund (PF) contributions. As the Supreme Court has clarified that special allowances paid to employees must be included in the calculation of PF contributions, employers should review and analyse their current salary structures to determine any increase in PF liabilities.

Authors: Pooja Ramchandani, Anjuli Marwah
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Michael Hanson The art of war: keeping and attracting talent in disrupted labour markets

International - Carey Olsen Bermuda

There are several steps that employers can take to mitigate the risk of their employees leaving to join a competitor. Many employers already offer incentive-based remuneration packages which aim to align their longer-term interests with those of their employees. While such long-term incentive plans, together with a clear communication strategy, can assist with retention, employers should actively consider additional measures.

Authors: Michael Hanson, Jay Webster
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Guy Castegnaro Who's liable for damage caused by employees?

Luxembourg - Castegnaro

The Labour Code establishes a dual responsibility in employment relationships – namely, employers are liable for risks generated by their company's activity and employees are liable for damage caused by their wilful acts or gross negligence. In principle, for the courts to hold an employee responsible for wilful misconduct or gross negligence, the employer must prove not only the damage incurred, but also that this is attributable to the employee's wilful act or gross negligence, as interpreted by the courts.

Authors: Guy Castegnaro, Ariane Claverie
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Hasret Mutlu Salary continuation for incapacitated employees

Switzerland - Rihm Rechtsanwälte

The basic rule 'no wages without work' dictates that employees who perform no work, including those deemed incapable of working, should not receive wages. However, Swiss employment law provides for exceptions in some circumstances. This article addresses the circumstances in which employers must continue to pay employees who are unable to work, how long employers must continue to pay such employees and the circumstances in which employers may request medical certificates.

Author: Hasret Mutlu
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Recent updates

Rachel Younan Between a rock and a hard place: employer faces competing statutory obligations

Canada - Fasken

Author: Rachel Younan
Paul Gonzi No warnings, no damages, no due process: one-off mistake validates employee's dismissal

Malta - Fenech & Fenech Advocates

Author: Paul Gonzi
Julian Riekert #MeToo inspires employees to act: Fair Work Commission upholds dismissal of Coles manager

Australia - Lander & Rogers

Authors: Julian Riekert, Bridget Shelton
Laurent Guardelli Troubled times for digital platforms

France - Coblence & Associés

Authors: Laurent Guardelli, Chrystelle Deschamps
Adekunle Obebe Curbing sexual harassment: lessons from Microsoft

Nigeria - Bloomfield Law

Authors: Adekunle Obebe, Joseph Onele, Ozioma Agu
Satoshi Hosokawa Amendments to regulations on working hours and paid annual leave

Japan - Nagashima Ohno & Tsunematsu

Author: Satoshi Hosokawa
Toni Lorenzo Court of Appeal maintains interim springboard injunction in team moves case

United Kingdom - Lewis Silkin

Authors: Toni Lorenzo, Michael Anderson, David Samuels
Patricia Yeung When 'wages' mean more than just your salary

Hong Kong - Howse Williams

Author: Patricia Yeung