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Employment & Benefits

12 February 2020
Sophie Arseneault No time wasted: years as dependent contractor included in calculation of employee's notice of termination

Canada - Fasken

The Ontario Court of Appeal recently confirmed that years spent as a dependent contractor may count when calculating notice of termination for a contractor turned employee who is terminated without cause. This decision leaves open the possible argument that prior service as an independent contractor may be included in length of service for notice of termination calculations.

Author: Sophie Arseneault
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Pooja Ramchandani Rainbow workplaces: Transgender Persons Act

India - Shardul Amarchand Mangaldas & Co

The Transgender Persons Act came into force with effect from 10 January 2020 and aims to protect transgender persons' rights and welfare, particularly with regard to employment. Among other things, employers must ensure that transgender employees face no discrimination in matters relating to employment, including recruitment, promotion and other related issues.

Authors: Pooja Ramchandani, Suryansh Gupta
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Jörgen Larsson Workplace harassment: employers' responsibilities and dismissal options

Sweden - Wistrand

Workplace harassment between employees raises questions regarding employers' responsibility to maintain a healthy and sustainable work environment and what actions can be taken against disruptive employees. Employers and their representatives have an extensive responsibility to maintain a positive work environment, including assessing, preventing and acting against risk factors such as harassment.

Authors: Jörgen Larsson, Viktoria Hybbinette
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Lucy Lewis IR35 reforms from April 2020

United Kingdom - Lewis Silkin

The proposed IR35 reform represents the biggest change to employment tax for decades. Until now, businesses have been able to engage contractors using personal services companies (or other intermediaries) without having to give much thought to the individual contractor's status for tax purposes. The proposed changes mean that businesses must review how they engage with contractors ahead of April 2020.

Authors: Lucy Lewis, Victoria Goode
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Recent updates

Émilie Sylvain-Jacques To discipline or not to discipline: employers' prerogative

Canada - Fasken

Author: Émilie Sylvain-Jacques
Guy Castegnaro Non-compliance with leave request procedures: unjustified absence?

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Lucy Lewis Significant new guidance on harassment from EHRC

United Kingdom - Lewis Silkin

Author: Lucy Lewis
Beril Yayla Sapan Changes to minimum wage, severance payments and administrative fines

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytu─č Keser
Jesper Oehlenschlaeger Madsen Can a bank prevent its employees from investing in cryptocurrencies?

Denmark - Norrbom Vinding

Author: Jesper Oehlenschlaeger Madsen
Mattea Pullicino Maltese perspective on EU Whistleblowing Directive

Malta - Fenech & Fenech Advocates

Author: Mattea Pullicino
Michael Hanson Pension scheme amendments

Bermuda - Carey Olsen Bermuda

Authors: Michael Hanson, Jay Webster, Tiffany Tavares
Moran Friedman Terminating employment: hearing processes

Israel - Fischer Behar Chen Well Orion & Co

Author: Moran Friedman