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Employment & Immigration

11 September 2019
Sophie Arseneault Please hold the line: what to do when receiving calls from employment insurance officers

Canada - Fasken

An adjudicator considering allegations of unjust dismissal under the Canada Labour Code recently ruled that an employer was prohibited from asserting dismissal for misconduct since the issue had already been decided by an employment insurance officer. The decision reminds employers to proceed with caution when communicating with employment insurance officers after a termination. They should also consider the potential ramifications of not appealing an officer's decision.

Author: Sophie Arseneault
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Francesco Pedroni National Labour Inspectorate specifies scope of penalties for irregular posting of employees

Italy - Stanchi Studio Legale

The posting of employees from an EU country to Italy must comply with Legislative Decree 136/2016. The law applies to companies established in EU member states which, in the context of the provision of services, post to Italy one or more employees in favour of another company, including those belonging to the same group, another production unit or another recipient, on the condition that during the posting, an employment relationship continues to exist with the posted employee.

Author: Francesco Pedroni
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Ole Kristian Olsby Employer liable for customer's sexual harassment of employee

Norway - Homble Olsby | Littler

A recent district court ruling demonstrates that an employer can be liable for a customer's sexual harassment towards an employee. The ruling shows that, as a minimum, employers should perform a risk analysis of and have a zero-tolerance approach to sexual harassment, have guidelines on sexual harassment matters and immediately address sexual harassment situations if they occur.

Authors: Ole Kristian Olsby, Lise Gran
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Hasret Mutlu Revised Federal Act on Gender Equality – effective enforcement instrument for equal pay?

Switzerland - Rihm Rechtsanwälte

Since 1981, the Federal Constitution has guaranteed equal wages for men and women who carry out similar work; however, a wage disparity exists that arguably cannot be explained by anything other than gender. The revised Federal Act on Gender Equality, which enters into force on 1 July 2020, aims to remedy this situation. Under the new regime, companies with 100 or more employees will be obliged to carry out an internal wage equality analysis every four years to identify any gender pay gaps.

Author: Hasret Mutlu
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Angie Creery Response published to consultation on misuse of confidentiality clauses

United Kingdom - Lewis Silkin

As part of a flurry of responses and new consultations issued in the last days of Theresa May's government, the response to the consultation on measures to prevent the misuse of confidentiality clauses in the workplace was published. It sets out a number of significant legislative proposals which, when implemented, will necessitate redrafting of these clauses in both employment contracts and settlement agreements.

Author: Angie Creery
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Recent updates

Kristen Woo Unintentional discrimination is still discrimination

Canada - Fasken

Author: Kristen Woo
Russell Brimelow UK employment rights in a no-deal Brexit

United Kingdom - Lewis Silkin

Authors: Russell Brimelow, Andrew Osborne, Gemma Taylor, Kathryn Denyer
Patricia Yeung How does the GDPR affect Hong Kong employers?

Hong Kong - Howse Williams 何韋律師行

Author: Patricia Yeung
Richard I Scharlat NLRB allows employers to impose arbitration agreements after class/collective action has been filed

USA - Dentons US LLP

Authors: Richard I Scharlat, Sarah Hannah Phillips
Ebele Ikpeoyi Employment law considerations during mergers

Nigeria - Bloomfield Law

Author: Ebele Ikpeoyi
Pooja Ramchandani Haryana government makes compliance with Standing Orders Act mandatory for other registrations

India - Shardul Amarchand Mangaldas & Co

Authors: Pooja Ramchandani, Suryansh Gupta
Guy Castegnaro Minimum social wage increased

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Ignacio Garcia Civil court declares nullity of 16 inter-company unions

Chile - Porzio Rios Garcia

Authors: Ignacio Garcia, Fernando Villalobos

Upcoming event

IBA Annual Conference 2019

22 – 27 September 2019 – Seoul, South Korea

The IBA Annual Conference 2019 will be held in Seoul, South Korea, a thriving metropolis that mixes the traditional with the modern – from skyscrapers, high-tech subways, K-pop culture and K-beauty to Buddhist temples, palaces and street markets and a history going back 5,000 years. This technologically forward, but deeply traditional city, located between the North Asian powerhouses of Japan and China, is an ideal location for the largest and most prestigious event for international lawyers.

For more details go to: