Employment & Immigration updates

Australia

Fiery fight over Metropolitan Fire and Emergency Services Board's latest agreement
  • Australia
  • 15 January 2020

In 2019 the Metropolitan Fire and Emergency Services Board and the United Firefighters Union of Australia Operational Staff Agreement 2016 was approved. The approval of the agreement raised a number of issues, including whether Section 195 of the Fair Work Act 2009 (Cth), which prohibits the approval of enterprise agreements containing discriminatory terms, includes a prohibition on indirect as well as direct discrimination.

Poorly managed performance improvement plans: how to avoid adverse action claims
  • Australia
  • 08 January 2020

In an ironic turn of events, a poorly implemented and followed performance improvement plan (PIP) resulted in an employer having to pay A$205,342 to an employee who had brought a successful adverse action claim in the Federal Circuit Court. The court held that the employer had contravened the general provisions under the Fair Work Act 2009. This article provides practical tips on how employers can avoid a PIP resulting in an adverse action claim.

When disaster strikes: managing employees following a natural disaster
  • Australia
  • 18 December 2019

The current fires in New South Wales and Queensland are a timely reminder for employers to review their business arrangements for responding to such crises, particularly in workforce management, and ensuring that they have a plan in place to deal with the aftermath. This article provides some guidance on the kinds of things that employers need to think about following a natural disaster.

Consultation: is a dismissal harsh, unjust or unreasonable without it?
  • Australia
  • 06 November 2019

Does an employee have to be consulted, in accordance with an applicable industrial instrument, about their impending termination? According to a recent decision by the Fair Work Commission, the answer is not necessarily. The decision highlights that there are certain circumstances where an employer may be safe from an unfair dismissal claim if it proceeds to termination without consulting the employee. However, these situations are highly exceptional and should be approached with caution.

It's official: all permanent employees are entitled to 10 working days' paid sick leave... for now
  • Australia
  • 23 October 2019

The Fair Work Ombudsman recently released advice that all permanent employees are entitled to 10 days of paid personal/carer's leave for each year of their employment. This is a major departure from calculating personal/carer's leave entitlements in hours, which is the approach currently taken by most employers and employees. However, the ombudsman's advice is based on a recent court decision which may not stand.


Austria

Contributed by Graf & Pitkowitz Rechtsanwalte GmbH
Supreme Court rules on compensation for illegal GPS tracking
  • Austria
  • 16 September 2020

The Supreme Court recently ruled for the first time on the issue of whether GPS tracking without an employee's consent warrants compensation for immaterial damage. Employers that use GPS tracking systems or similar control measures to monitor their staff should ensure that they agree the system's introduction with the works council or have each affected employee expressly consent to such a measure if no works council has been elected.

Supreme Court rules on formal requirements for dismissal challenge
  • Austria
  • 22 July 2020

The Supreme Court recently clarified the legal implications of one particular scenario of dismissal challenges: if a works council expressly objects to an employee's dismissal (as opposed to expressly consents or fails to make a statement), the right to challenge the dismissal rests with the works council, but only if the employee, within one week of such objection, requests the works council to act accordingly and file a lawsuit.

Continued remuneration during COVID-19 pandemic
  • Austria
  • 13 May 2020

The COVID-19 pandemic has caused employers to use various methods to support employees and maintain business performance. Old and new legal remedies provide for continued payment of salaries (and in some cases also corresponding grants to employers) if performance of work is impossible. This article outlines the routes that employers and employees can take where normal working is impossible, such as sick leave and care leave to look after sick children.

COVID-19: short-time work
  • Austria
  • 06 May 2020

Austria pioneered short-time work schemes. Introduced in 1949 and overhauled in 2008 and 2009 during the financial crisis, the Austrian short-time work scheme has recently been further adapted to the particular needs of the COVID-19 crisis. This article examines who is eligible for the short-time work scheme and what subsidies are available.

Collective agreements trump Working Time Act
  • Austria
  • 18 March 2020

Following amendments to the Working Time Act, it was unclear whether the new statutory regime regarding working time overrides collective bargaining agreements that have not been adapted to the new maximum work hours and provide for a daily maximum of 10 working hours for flexitime. In the first decision on this issue, which will have far-reaching consequences, the Supreme Court has clarified all relevant questions regarding the collective bargaining agreement for metal workers.


Bahamas

COVID-19: lay-offs, short time and redundancies – what you need to know
Lennox Paton
  • Bahamas
  • 15 April 2020

In times of crisis such as the current COVID-19 pandemic, employers and employees alike need to be aware of their rights and obligations. Employers should ensure that lay-off or short-time actions are taken with due consideration and in accordance with the Employment Act. Employees should be prepared for the possibility of being laid off or put on short time and, understanding their options under the law, work with their employer to produce the best outcome for both parties.


Belgium

Contributed by ALTIUS
Last call to implement electronic voting or voting by letter for COVID-19-proof social elections
  • Belgium
  • 21 October 2020

In principle, companies should have decided whether to vote electronically in the social elections as early as February 2020. However, companies that did not do so but, as a result of the COVID-19 pandemic, would like to do so now have been given the opportunity to introduce electronic voting. However, they must reach an agreement on this issue by Day X+56 (ie, between 13 October 2020 and 26 October 2020, depending on the new election date).

COVID-19: new record-keeping obligation and compliance check relating to foreign workers and self-employed individuals
  • Belgium
  • 30 September 2020

As part of some new measures that aim to reduce the spread of COVID-19, the government has imposed a new record-keeping obligation on certain employers and users which temporarily rely on foreign employees or self-employed individuals. In-scope employers and users must also verify whether the foreign employees and self-employed individuals have duly completed the passenger locator form.

New rules on temporary unemployment from 1 September 2020: start preparing now
  • Belgium
  • 19 August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force. Companies and sectors that are substantially affected by the COVID-19 crisis can continue to apply the current and simplified COVID-19 force majeure temporary unemployment regime until 31 December 2020. For sectors and companies that are not substantially affected by the COVID-19 crisis, the current COVID-19 force majeure regime can no longer be applied from 1 September 2020.

EU Posted Workers Directive: impact on employers posting workers to Belgium
  • Belgium
  • 29 July 2020

The Act of 12 June 2020 implemented the EU Posted Workers Directive in Belgium by introducing, among other things, adjustments to the Act of 5 March 2002 Relating to Labour, Salary and Employment Conditions When Posting Workers to Belgium. This article summarises the key changes introduced by the act and its impact on employers.

Share-related benefits granted by foreign parent companies: Esko strengthens view that social security contributions are due
  • Belgium
  • 15 July 2020

Benefits in general – and shares and restricted stock units in particular – attributed by a third party (eg, a foreign parent company) to employees of a Belgian (group) company will, in principle, be subject to Belgian social security contributions. If followed, the Ghent Labour Court of Appeal's recent decision in Esko will make it even harder, if not impossible, for international groups to avoid the payment of social security contributions.


Bermuda

Employment law guide: responding to COVID-19
  • Bermuda
  • 01 April 2020

The coronavirus (COVID-19) was recently declared a Public Health Emergency of International Concern by the World Health Organisation. The situation continues to develop rapidly. Given the transient nature of the Bermuda workforce, Bermuda-based employers should consider taking steps now to manage risks both proportionately and sensibly. This article provides guidance to help Bermuda employers address some of the key queries and concerns.

Pension scheme amendments
  • Bermuda
  • 29 January 2020

Provisions of the National Pension Scheme (Occupational Pensions) Amendment Act 2019 recently came into force. Employers should now be familiar with some of the upcoming changes, which include the requirement to keep records in relation to payroll and employee-related pension information.

Know your rights when made redundant
  • Bermuda
  • 06 March 2019

Bermuda's reinsurance market has not been immune to changes in the world's economic market. A rise in mergers and acquisitions has led to an increase in redundancies within the Bermuda workforce. Employees should be aware of their rights when made redundant and should always seek legal advice to ensure that their redundancy is both lawful and fair.