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Employment & Benefits

10 July 2019
Marc Rodrigue Sufficient evidence is key to overturning release for unfairness

Canada - Fasken

A recent Ontario Court of Appeal decision has confirmed that a release signed by an employee should be overturned for unfairness only if there is clear evidence of a lack of fairness. The court specifically cautioned against making conclusions on motions without sufficient evidence, which may cause plaintiffs and defendants alike to reconsider under what circumstances the court will grant summary judgment.

Author: Marc Rodrigue
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Patricia Yeung Overturning lower court's decision – Court of Final Appeal hands down milestone judgment to LGBT community

Hong Kong - Howse Williams

The Court of Final Appeal recently handed down a landmark judgment in favour of the LGBT community. Employers are recommended to review their policies to ensure that they are in line with the principles laid down in the decision. In particular, employers should ensure that spousal employment benefits (eg, those set out in employment contracts) also apply to same-sex spouses, in addition to opposite-sex spouses.

Author: Patricia Yeung
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Pooja Ramchandani Keeping up with the times: EPF goes digital

India - Shardul Amarchand Mangaldas & Co

The employees' provident fund is a social security fund comprising contributions from employers and employees, which are paid to employees on their retirement. The entire process is administered by the Employees' Provident Fund Organisation (EPFO), which is a statutory body established by the Ministry of Labour and Employment. To keep up with digitisation, the EPFO recently updated the process under which subscribers can withdraw and transfer provident funds.

Authors: Pooja Ramchandani, Suryansh Gupta
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Annamaria Pedroni Jobs Act: dismissal for cause

Italy - Stanchi Studio Legale

The Supreme Court recently ruled on the scope of reinstatement protection in the event of dismissal for cause provided by Article 3 of the Jobs Act. Despite the rule providing for reinstatement to be linked to the non-existence of disputed material facts, the court considered that reinstatement should occur not only when the material facts of a case did not take place, but also when they are insignificant from a disciplinary perspective.

Author: Annamaria Pedroni
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Ole Kristian Olsby Recent labour law amendments

Norway - Homble Olsby | Littler

Norway's labour legislation has undergone a number of amendments in recent months. For example, Parliament recently adopted a proposal to further strengthen the position of whistleblowers and amendments enhancing the rights of seafarers are set to enter into force in August 2019. In addition, in order to lower the threshold for processing sexual harassment disputes, the Anti-discrimination Tribunal has been authorised to enforce the prohibition on sexual harassment in the workplace.

Authors: Ole Kristian Olsby, Lise Gran
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Jörgen Larsson Conditions and consequences of CEO employment termination

Sweden - Wistrand

Company leaders such as CEOs are expressly excluded from the scope of the Employment Protection Act. Therefore, the parties to a CEO's employment agreement must agree its terms. However, the reasonability and validity of the agreed terms and conditions may be assessed or determined by the Swedish courts. Given the lack of applicable law in this area, the parties to a CEO's employment agreement must agree on the terms relating to both active employment and termination (by either party).

Authors: Jörgen Larsson, Viktoria Hybbinette
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Beril Yayla Sapan Mandatory mediation in labour disputes – an overview

Turkey - Gün + Partners

Applying for mediation was recently made a prerequisite when filing a lawsuit concerning monetary claims by employees or employers arising out of employment contracts, collective labour agreements or reinstatement claims. Mandatory mediation was introduced to accelerate legal proceedings and lower the costs in employment disputes.

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Pınar Ece Bişkin
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Lucy Lewis Failing to enhance pay for shared parental leave is not sex discrimination

United Kingdom - Lewis Silkin

In an emphatic judgment, the Court of Appeal has ruled that it is not direct discrimination, indirect discrimination or a breach of equal pay rights to provide enhanced pay for maternity leave and statutory pay only for shared parental leave (SPL). This judgment is good news for employers, as it sends a clear message that it is lawful to enhance maternity pay but provide statutory pay only for SPL.

Authors: Lucy Lewis, Hazel Oliver
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Recent updates

Kevin P O'Neill Amendments to Workers Compensation Act and Employment Standards Act pass further readings

Canada - Fasken

Authors: Kevin P O'Neill, Richard Savage
Carla Feakins Employee ordered to pay more than £500,000 in legal costs in breach of restrictive covenants and data privacy case

United Kingdom - Lewis Silkin

Author: Carla Feakins
Pooja Ramchandani Casting a wider net – ESI rates amended

India - Shardul Amarchand Mangaldas & Co

Authors: Pooja Ramchandani, Kriti Kaushik
Guy Castegnaro Can employees who fail to complete their trial period claim bonuses?

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Brian S Cousin #MeToo following Epic Systems

USA - Dentons US LLP

Authors: Brian S Cousin, Richard I Scharlat
Hasret Mutlu Job interview 4.0 – legal considerations for automated face and speech recognition

International - Rihm Rechtsanwälte

Author: Hasret Mutlu
Laurent Guardelli Industrial tribunals against the Macron scale: rebels with a cause?

France - Coblence & Associés

Authors: Laurent Guardelli, Léa Fonseca
Dániel Gera New rules on handling of employee data

Hungary - Schoenherr

Author: Dániel Gera