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Employment & Benefits

14 August 2019
Valérie Gareau-Dalpé Extended leave and holiday pay: is differentiating between protected employees discriminatory?

Canada - Fasken

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.

Author: Valérie Gareau-Dalpé
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Ignacio Garcia Civil court declares nullity of 16 inter-company unions

Chile - Porzio Rios Garcia

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.

Authors: Ignacio Garcia, Fernando Villalobos
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Guy Castegnaro Minimum social wage increased

Luxembourg - Castegnaro

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.

Authors: Guy Castegnaro, Ariane Claverie
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César Navarro Difference in severance for employees under service agreements and permanent employees is not discriminatory

Spain - CMS Albiñana & Suárez de Lezo

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.

Authors: César Navarro, Elena Esparza
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Colin Leckey European Union adopts work-life balance directive: will UK employers need to comply?

United Kingdom - Lewis Silkin

The EU Work-Life Balance Directive introduces new rights for carers and working parents. If the United Kingdom needs to comply (or if it chooses to do so), UK employers must make several changes to their existing family leave and pay framework. For example, although the United Kingdom provides a right to paternity leave and pay, both rights are currently subject to a six-month service requirement. To comply with the directive, the service requirement for paternity leave (although not pay) would need to be scrapped.

Authors: Colin Leckey, Gemma Taylor
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R. Daniel Beale Deadline looms for expanded EEO-1 filings

USA - Dentons US LLP

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.

Authors: R. Daniel Beale, Sarah E.W. Trevino
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Recent updates

Christopher D Pigott Major changes to Canada Labour Code on horizon

Canada - Fasken

Author: Christopher D Pigott
Aaron Goonrey Get your hands off my… data! Employer's request for biometric data deemed unlawful

Australia - Lander & Rogers

Authors: Aaron Goonrey, Isabel Hewitt
Jakob Widner New 'daddy month' strengthens paternal bonding early on

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Jakob Widner
César Navarro Is video surveillance valid evidence to justify dismissal on disciplinary grounds?

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, Elena Esparza
David Hopper Court of Appeal decides unions have no veto during collective bargaining

United Kingdom - Lewis Silkin

Author: David Hopper
Hagen Köckeritz Risks associated with engagement of external personnel

Germany - Mayer Brown

Author: Hagen Köckeritz
Guy Castegnaro GDPR: one year on

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Shay Teken Legal aspects of organised labour

Israel - Fischer Behar Chen Well Orion & Co

Authors: Shay Teken, Moran Friedman

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