Employment & Benefits updates

Canada

Contributed by Fasken
Extended leave and holiday pay: is differentiating between protected employees discriminatory?
  • Canada
  • 14 August 2019

A recent arbitration decision reminds employers that distinctions between different classes of protected employee may be discriminatory. As such, employers should review their policies and agreements in light of this decision to ensure that differential treatment is not applied to employees in different protected classes on leave, as this may provide a basis for a successful discrimination claim.


Chile

Contributed by Porzio Rios Garcia
Civil court declares nullity of 16 inter-company unions
  • Chile
  • 14 August 2019

The 24th Civil Court of Santiago recently found that 16 inter-company unions had been created with the sole purpose of granting union privileges to their leaders and ordered the unions to be removed from the Labour Authority's register. The ruling is of great relevance as it is the first time that a civil court has dissolved a union for illicit activity contrary to the spirit of the law that regulates labour organisations.


Luxembourg

Contributed by Castegnaro
Minimum social wage increased
  • Luxembourg
  • 14 August 2019

Following recent amendments to Article L 222-9 of the Labour Code, the monthly minimum social wage for a non-qualified employee paid per month has been fixed – as of 1 January 2019 – at €256.60 (with the index value of 100 weighted for the cost of living as of 1 January 1948). Thus, as of 1 January 2019 the new gross amounts of the monthly minimum social wage and the applicable legal thresholds and ceilings have been amended.


Spain

Contributed by CMS Albiñana & Suárez de Lezo
Difference in severance for employees under service agreements and permanent employees is not discriminatory
  • Spain
  • 14 August 2019

In a preliminary ruling in a case referred to it by the Galicia High Court, the European Court of Justice has confirmed the existence of objective grounds which justify a difference in compensation paid on the termination of works contracts linked to a specific service (ie, 12 days' salary) and the termination of permanent contracts (ie, 20 days' salary). The Galician court must now decide whether the early termination of a service agreement falls under Article 52 of the Workers' Statute.


USA

Contributed by Dentons US LLP
Deadline looms for expanded EEO-1 filings
  • USA
  • 14 August 2019

For US employers with 100 or more employees, extensive new information relating to their prior Equal Employment Opportunity-1 filings must soon be submitted. Specifically, in addition to categorising employees by race or ethnicity, gender and job type, employers must now assemble and submit aggregated employee data regarding compensation and annualised hours worked. Assembling the required data may be much more complicated than many employers are expecting, so it is important to begin planning now.