Employment & Immigration updates

Belgium

Contributed by ALTIUS
New monthly online COVID-19 telework registration obligation for employers from April 2021
  • Belgium
  • 14 April 2021

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.


Canada

Contributed by KPMG Law
Human rights tribunal – childcare obligations require accommodation
  • Canada
  • 14 April 2021

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.


Ireland

Contributed by Lewis Silkin
New code of practice on right to disconnect
  • Ireland
  • 14 April 2021

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.


Japan

Contributed by Nagashima Ohno & Tsunematsu
Extension of wage claim limitation period under Labour Standards Act
  • Japan
  • 14 April 2021

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.


Netherlands

Contributed by Maes Law
Seconded 'knowledge migrants' are possibly in the danger zone
  • Netherlands
  • 14 April 2021

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.