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Employment & Benefits

07 November 2018
Dario Abrahão Rabay First impressions: labour reform one year on

Brazil - Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

Almost one year on from the enactment of Law 13467/17 (the labour reform), early feedback suggests that the reform has proved to be an effective and positive change. In particular, the reform has increased the use of remote workers, reduced the imbalance of power between employers and employees, made union contributions voluntary and reduced the number of labour-related lawsuits.

Authors: Dario Abrahão Rabay, Catharina Madalena da Rocha Miranda Carvalho de Araujo, Fernanda Frezarin Kazakevicius
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Megan Beal Terminating employee benefits at age 65 ruled unconstitutional

Canada - Fasken

For many years, even since the prohibition of mandatory retirement in Ontario, it has been permissible to deny benefit, pension, superannuation or group insurance plans or funds to employees over the age of 65 due to an exception in the Ontario Human Rights Code. However, a recent decision from the Human Rights Tribunal of Ontario found this exception to be unconstitutional.

Author: Megan Beal
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Guy Castegnaro Can employers access their employees' emails?

Luxembourg - Castegnaro

The Court of Appeal recently considered the conditions under which employers can access their employees' workplace correspondence and use such correspondence as evidence in court. This judgment confirms the current jurisprudential trend under which employers may occasionally access their employees' computers, including their work emails. Further, any document which concerns only professional data will, in principle, constitute a lawful means of proof.

Authors: Guy Castegnaro, Ariane Claverie
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Michael Paul Agius Annual Leave National Standard Order: possible effects on maternity, sick and injury leave

Malta - Fenech & Fenech Advocates

Four new legal notices were recently published in the Government Gazette. However, these were short lived, as just a few days later, ministry representatives reportedly declared that the legal notices would be suspended. While it is uncertain whether the Annual Leave National Standard Order will be enacted, it is worthwhile to analyse the proposed changes, as these would alter current employment law should they come into force.

Author: Michael Paul Agius
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Colin Leckey Ethnicity pay reporting: why it's not that simple

United Kingdom - Lewis Silkin

The government says that it is "time to move to mandatory ethnicity pay reporting" and recently launched a consultation on a possible new law. The consultation seeks feedback on the sort of information that employers should be required to publish. It sets out some different ways in which this could be done, including by having a single pay gap figure of 'white versus non-white' or multiple pay gap figures for all of the different ethnicities or by publishing pay information by £20,000 pay band or by quartile.

Authors: Colin Leckey, Tom Heys, Aaron Pooni
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Recent updates

Laurent Guardelli Can employees be disciplined for their Facebook comments?

France - Coblence & Associés

Authors: Laurent Guardelli, Léa Fonseca
Andrea Nicolò Stanchi Supreme Court finds that recordings of employer-employee discussions can be used as evidence in lawsuits

Italy - Stanchi Studio Legale

Authors: Andrea Nicolò Stanchi, Francesco Pedroni
Sean Illing Heathrow fined over data breach: key takeaways for employers

United Kingdom - Lewis Silkin

Authors: Sean Illing, Rebecca Emery
Jörgen Larsson Employment considerations following transfers of undertakings

Sweden - Wistrand

Authors: Jörgen Larsson, Frida Toveby
Markulf Behrendt European Commission proposes directive to protect whistleblowers – scandals necessitate reform

European Union - Allen & Overy LLP

Authors: Markulf Behrendt, Inge Vanderreken
Marc Rodrigue Bill 148 update: on the chopping block

Canada - Fasken

Author: Marc Rodrigue
Vanessa Hogan Be prepared, be very prepared! Employee subject access requests on the rise

Ireland - Mason Hayes & Curran

Author: Vanessa Hogan
William I Maema Fixed-term employment contracts and legitimate expectation for renewal

Kenya - Iseme, Kamau & Maema Advocates

Author: William I Maema