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Employment & Benefits

17 July 2019
Andrew Woodhouse British Columbia Court of Appeal confirms stringent test for family status discrimination

Canada - Fasken

Family status discrimination continues to be an area in which the law differs across Canada. In British Columbia, the test for family status discrimination has been more stringent than in other parts of the country for the past 15 years. A recent case involving a project manager who was assigned to work in another province for eight to 10 weeks a few months after the birth of his first child confirms that a personal preference to provide childcare, without additional factors, does not trigger a duty to accommodate based on family status.

Author: Andrew Woodhouse
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Shay Teken Legal aspects of organised labour

Israel - Fischer Behar Chen Well Orion & Co

Collective labour law in Israel is a dynamic and constantly evolving field. In the past decade, many important changes have taken place with respect to collective labour law which have greatly influenced the scope of organised labour. This article examines the legal aspects of organised labour, the protection of the right to organise and the support granted by the labour courts to organisers and the definition of collective bargaining units and workers' organisations.

Authors: Shay Teken, Moran Friedman
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Guy Castegnaro GDPR: one year on

Luxembourg - Castegnaro

Luxembourg implemented the EU General Data Protection Regulation through the Law on the Organisation of Luxembourg's National Commission for Data Protection and the General System for Protecting Data. The law made a number of changes to the Labour Code, including extending the circumstances in which employers can process personal data to monitor their employees. Further, employers no longer have to obtain prior authorisation to monitor employees.

Authors: Guy Castegnaro, Ariane Claverie
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Luke Tapp New DIFC Employment Law – everything you need to know

United Arab Emirates - Pinsent Masons

The new Dubai International Financial Centre (DIFC) Employment Law has now been published and will come into force on 28 August 2019. This article discusses what this means for employers in the DIFC and the impact of the key changes being introduced. DIFC employers should familiarise themselves with the new law and ensure that their employment contracts, policies and business practices are in line with the new regime.

Authors: Luke Tapp, Andrea Hewitt-Sims, Ruth Stephen
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Rebecca Rule Voluntary overtime must be included in holiday pay if sufficiently regular and settled

United Kingdom - Lewis Silkin

The Court of Appeal recently confirmed that the EU Working Time Directive requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. This ruling is in line with other recent cases which have covered what should be considered when calculating holiday pay. It provides clear authority that employers should include sufficiently regular and settled voluntary overtime in their holiday pay calculations.

Author: Rebecca Rule
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Recent updates

Marc Rodrigue Sufficient evidence is key to overturning release for unfairness

Canada - Fasken

Author: Marc Rodrigue
Lucy Lewis Failing to enhance pay for shared parental leave is not sex discrimination

United Kingdom - Lewis Silkin

Authors: Lucy Lewis, Hazel Oliver
Beril Yayla Sapan Mandatory mediation in labour disputes – an overview

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Pınar Ece Bişkin
Patricia Yeung Overturning lower court's decision – Court of Final Appeal hands down milestone judgment to LGBT community

Hong Kong - Howse Williams

Author: Patricia Yeung
Annamaria Pedroni Jobs Act: dismissal for cause

Italy - Stanchi Studio Legale

Author: Annamaria Pedroni
Pooja Ramchandani Keeping up with the times: EPF goes digital

India - Shardul Amarchand Mangaldas & Co

Authors: Pooja Ramchandani, Suryansh Gupta
Jörgen Larsson Conditions and consequences of CEO employment termination

Sweden - Wistrand

Authors: Jörgen Larsson, Viktoria Hybbinette
Ole Kristian Olsby Recent labour law amendments

Norway - Homble Olsby | Littler

Authors: Ole Kristian Olsby, Lise Gran