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Employment & Benefits

21 August 2019
Gillian Round Does desire to work prevent employers from terminating employees who can't work?

Canada - Fasken

Many employees struggle to manage disability leave. This is particularly difficult when an employee wants to work but their doctor says that they cannot do so for the foreseeable future. A recent decision provides guidance to employers dealing with this situation. For example, they should proactively manage disability leave by, among other things, staying up to date on an employee's potential to return to work.

Author: Gillian Round
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Pooja Ramchandani Haryana government makes compliance with Standing Orders Act mandatory for other registrations

India - Shardul Amarchand Mangaldas & Co

The Haryana state government recently issued a notification under the Standing Orders Act and introduced a new requirement for principal employers and contractors to file an undertaking of compliance with the act. While the 2019 notification aims to ensure the effective enforcement of the act, employers may perceive the move to require compliance a condition precedent to obtaining registration under other labour laws as a roadblock.

Authors: Pooja Ramchandani, Suryansh Gupta
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Ebele Ikpeoyi Employment law considerations during mergers

Nigeria - Bloomfield Law

Mergers are one way in which companies can increase their revenue and expand their business. However, along with these benefits, there are a number of risks associated with the merger of two or more businesses, including a loss of customers and key employees and business interruptions. This article discusses the challenges and practical realities of managing employees during a merger.

Author: Ebele Ikpeoyi
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Bethan Carney Court of Appeal confirms that discrimination because of perceived disability is unlawful

United Kingdom - Lewis Silkin

The Court of Appeal recently found that it is unlawful to discriminate against a person because of a mistaken perception that they have a progressive condition which would make them unable to perform the full functions of a role in future. This decision confirms that the test is not whether the discriminator believes that the impairment meets the legal definition of 'disability', but whether they believe that it has those features. However, beyond this point, the case has raised some difficult issues.

Author: Bethan Carney
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Recent updates

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

Canada - Fasken

Author: Valérie Gareau-Dalpé
Colin Leckey European Union adopts work-life balance directive: will UK employers need to comply?

United Kingdom - Lewis Silkin

Authors: Colin Leckey, Gemma Taylor
Guy Castegnaro Minimum social wage increased

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Ignacio Garcia Civil court declares nullity of 16 inter-company unions

Chile - Porzio Rios Garcia

Authors: Ignacio Garcia, Fernando Villalobos
César Navarro Difference in severance for employees under service agreements and permanent employees is not discriminatory

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, Elena Esparza
R. Daniel Beale Deadline looms for expanded EEO-1 filings

USA - Dentons US LLP

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