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Employment & Benefits

06 February 2019
Sang Hoon Lee Key changes to Labour Standards Act in 2019

South Korea - Lee & Ko

In 2018 there were major reforms to South Korean employment laws, including the Labour Standards Act. This resulted in many employers struggling to adjust employees' weekly working hours to comply with, for example, the new 52-hour limit. The legislative reforms and amendments proposed in 2018 will take effect in 2019. For example, a duty to prevent workplace harassment will be introduced, as will a uniform standard for termination notice exemptions.

Authors: Sang Hoon Lee, William Woojong Kim
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César Navarro New digital rights: employees' right to privacy in use of video, audio and geolocation surveillance

Spain - CMS Albiñana & Suárez de Lezo

The new Data Protection Act has introduced a number of so-called 'digital rights' for employees. Prior to the act's entry into force, the Supreme Court and the Constitutional Court had already issued regulations on how employers could monitor employees using video, audio or geolocation surveillance, which were in line with European Court of Human Rights rulings. Although the new act has made no special amendments to the courts' regulations, it has provided a concrete legal framework in this regard.

Author: César Navarro
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Labour on demand: regulating on-call work

Switzerland - Rihm Rechtsanwälte

On-call work is a special form of part-time work arrangement under which neither the date nor the duration of the assignment are determined in advance. Switzerland has no legislation specific to on-call work and its legal doctrine provides limited definitions. Despite a lack of coherent criteria in this regard, on-call work is an increasingly favourable option for employees who require greater work-life flexibility.

Author:
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Luke Tapp Abu Dhabi launches fast-track labour disputes court

United Arab Emirates - Pinsent Masons

In collaboration with the courts, the Abu Dhabi Ministry of Human Resources and Emiratisation recently launched a summary court to complement the One Day Labour Court. The new court is designed to speed up the process of litigating labour-related matters, including issues relating to the return of a passport or an emirates ID card, health insurance, accommodation and the cancellation of work visas. However, this fast-track system is designed to consider straightforward disputes only.

Authors: Luke Tapp, Ruth Stephen
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Michael Burd 2018 in employment law

United Kingdom - Lewis Silkin

There were a number of significant employment law decisions in 2018, particularly on the issue of employment status, which continues to be a hot topic. In addition, the fallout from various high-profile allegations of sexual harassment and the resulting #MeToo movement has continued, with the use of non-disclosure agreements in harassment cases provoking debate. There are also various reforms planned following the government's response to the Taylor review of modern working practices.

Author: Michael Burd
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Recent updates

César Navarro New digital rights: employees' right to disconnect

Spain - CMS Albiñana & Suárez de Lezo

Author: César Navarro
Hazel Oliver Court of Appeal rejects Uber's worker status appeal

United Kingdom - Lewis Silkin

Authors: Hazel Oliver, Richard Lister
Joanne Clarke VAT and employee benefits

United Arab Emirates - Pinsent Masons

Author: Joanne Clarke
Francesco Pedroni Constitutional Court declares Article 3 of Jobs Act unlawful

Italy - Stanchi Studio Legale

Author: Francesco Pedroni
Patricia Yeung Labour Tribunal orders claimant to provide security payment – speed bump for parties with weak claims

Hong Kong - Howse Williams Bowers

Author: Patricia Yeung
Alyssa LeBlanc Sex, lies and videotape: good evidence?

Canada - Fasken

Author: Alyssa LeBlanc
Lise Gran Discrimination based on religious grounds: employee's refusal to shake hands with women

Norway - Homble Olsby Advokatfirma AS

Authors: Lise Gran, Ole Kristian Olsby
Guy Castegnaro Changes to minimum social wage

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie

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