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Employment & Immigration

14 April 2021
Phillipe De Wulf New monthly online COVID-19 telework registration obligation for employers from April 2021

Belgium - ALTIUS

As many employers either have not been or have been insufficiently respecting compulsory teleworking, the government has enhanced the monitoring of compulsory teleworking by introducing a new online registration obligation for employers. From April 2021, every employer must submit a monthly declaration via the National Social Security Office's online portal by the sixth calendar day of each month.

Authors: Phillipe De Wulf, Esther Soetens
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Lisa Cabel Human rights tribunal – childcare obligations require accommodation

Canada - KPMG Law

The Ontario Human Rights Tribunal recently found that an employer's failure to accommodate an employee's childcare obligations violated the Human Rights Code. In its decision, the tribunal clarified the legal test for family status accommodation cases. The insight provided by the tribunal is instructive – family status accommodation is no different than any other Human Rights Code ground and employers must give proper consideration to requests for accommodation.

Authors: Lisa Cabel, Richelle Pollard, Kaley Dodds, Derek Klatt
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Síobhra Rush New code of practice on right to disconnect

Ireland - Lewis Silkin

The government has published its promised code of practice on the right to disconnect from work outside normal working hours. Implementing a right-to-disconnect policy will set a good grounding for an organisational culture in which the line between work and leisure is both visibly respected and taken seriously. This article explains what is in the new code and what it means for employers in Ireland.

Author: Síobhra Rush
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Takayuki Matsunaga Extension of wage claim limitation period under Labour Standards Act

Japan - Nagashima Ohno & Tsunematsu

In April 2020 the Act on Partial Amendment of the Labour Standards Act entered into force, extending the wage claim limitation period. Employers currently incurring a future liability of unpaid wage claims should take steps to improve their operations in order to prevent the possibility of an increase in the amount of unpaid wage claims after April 2022.

Author: Takayuki Matsunaga
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Julien Luscuere Seconded 'knowledge migrants' are possibly in the danger zone

Netherlands - Maes Law

The Hague District Court recently ruled in a case against a Chinese 'knowledge migrant' (ie, a highly skilled non-EU migrant worker) who was employed by a payroll company and subsequently seconded to a company that she owned. The court held that the combination of employee and proprietor was impossible. This is a far-reaching judgment which could have major consequences for knowledge workers. However, the court completely missed the mark.

Authors: Julien Luscuere, Alexander Allwell
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Begüm Yavuzdoğan Okumuş Processing employee data in light of recent DPA and court decisions

Turkey - Gün + Partners

The Constitution protects private life and in 2016 the Data Protection Law was enacted, furthering the protection of personal data. In disputes relating to the monitoring of employees' personal data in the workplace, the courts and the Data Protection Authority (DPA) have mostly based their decisions on the constitutional provisions. This article outlines the legal grounds for data processing in the employment context and highlights recent court and DPA decisions in this respect.

Authors: Begüm Yavuzdoğan Okumuş, Beril Yayla Sapan
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Lucy Lewis Supreme Court allows supermarket's employees to make equal pay comparison

United Kingdom - Lewis Silkin

The Supreme Court has confirmed that retail staff of UK supermarket chain Asda can compare themselves to higher-paid distribution depot staff for the purposes of an equal pay claim. This decision provides an opportunity for employers to review their pay strategies and look to identify differences in pay between similar level jobs across different sites.

Author: Lucy Lewis
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Recent updates

International Law Office Tell us what you think and you could win a £100 Mastercard voucher

International - International Law Office

Author: International Law Office
Andrew Osborne Important amendments to document-keeping guidance for sponsors of workers

United Kingdom - Lewis Silkin

Authors: Andrew Osborne, Naomi Hanrahan-Soar, Joanna Hunt, Stephen O'Flaherty
Lisa Cabel Employment litigation update: what do employers need to know?

Canada - KPMG Law

Authors: Lisa Cabel, Richelle Pollard, Kaley Dodds, Derek Klatt
Eriko Ogata Equal pay for equal work: differences in working conditions between fixed-term and indefinite-term employees

Japan - Nagashima Ohno & Tsunematsu

Author: Eriko Ogata
Emma Van Caenegem Social inspection audits in construction sector: what to expect in 2021

Belgium - ALTIUS

Author: Emma Van Caenegem
Daniela David COVID-19 vaccination and employees: the stick, the carrot or just nice to have?

Romania - Vernon|David

Authors: Daniela David, Laura Popa
Francesco Pedroni Employee entitled to payment of holiday accrued between dismissal and reinstatement

Italy - Stanchi Studio Legale

Author: Francesco Pedroni
Amit Bechler COVID-19 vaccination FAQs

Israel - Fischer Behar Chen Well Orion & Co

Author: Amit Bechler