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Newsletter avril, 2024

Netherlands: The Equal Opportunity in Employment Bill rejected in Senate

avril, 2024
  • On 14 March 2023, the Dutch House of Representatives passed the "Supervision of Equal Opportunities in Recruitment and Selection Bill," which aims to address and reduce employment discrimination, especially on the basis of origin, gender, race, colour, age, religion, sexual orientation or disability.
  • On 12 March 2024, the discussion around the bill continued in the Dutch Senate, building on the plenary debate initiated on 27 February 2024.A critical vote and accompanying motions took place on26 March 2024 and and the Bill was not adopted in the Senate after a majority voted against it.

Ireland: Code of Practice for Employers and Employees on the Right to Request Remote and Flexible Working published

avril, 2024
  • Following the request from the Irish Minister for Enterprise, Trade, and Employment, the Workplace Relations Commission (WRC) adopted a Code of Practice on the Right to Request Flexible Working and Remote Working, as per the Workplace Relations Act 2015 and the Work Life Balance and Miscellaneous Provisions Act 2023.
  • WRC consulted with various stakeholders, including trade unions, employer representative bodies, and the Irish Human Rights and Equality Commission, aiming to provide a practical guide for employers and employees on implementing flexible and remote working arrangements, fostering a more inclusive, adaptable, and satisfying work environment.

Hong Kong: Labour Advisory Board announced changes in the 418 Rule

avril, 2024
  • The Labour Advisory Board (LAB) in Hong Kong has agreed to relax the "418" requirement, using aggregate working hours of four weeks with a 68-hour threshold.
  • This review is part of the labour support initiatives from the Chief Executive's 2023 Policy Address. 

Australia: Workplace Gender Equality Agency published the first gender pay gap data

avril, 2024
  • The Workplace Gender Equality Agency (WGEA) has published the first median gender pay gaps for Australian private sector employers, reflecting the Albanese Government's commitment to remedying inequities in the labour market.
  • It follows the adoption of the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023, which requires the WGEA to publish the gender pay gap of relevant employers. This aim is to promote transparency and address gender pay gaps, as we reported here
  • This reporting requirement also includes information on sexual harassment, harassment on the grounds of sex, or discrimination.

Mozambique: the new Labour Law entered into force

avril, 2024
  • Following the publication of the new Labour Law, Law No. 13/2023, in the Official Gazette on 25 August 2023, businesses and workers alike are gearing up for significant changes in the labour market. 
  • This Law, which repeals the previous Law No. 23/2007, signals a crucial moment in Mozambique's commitment to modernising its workforce regulations in line with current socio-economic and technological advancements.

Mexico: New provisions for the registration of individuals or legal entities that provide specialised services or perform specialised works

avril, 2024
  • On 21 February 2024, Mexico introduced new provisions for the registration and renewal process for individuals and legal entities for specialised services and works. 
  • The latest amendments to Mexico's Federal Labour Law, specifically Article 15, are designed to tighten the oversight of specialised services and works within the country. 
  • These changes, published in the Federation's Official Gazette, aim to ensure that entities providing specialised services are compliant with local regulations and maintain high standards of operation.

USA: Stop WOKE law enforcement blocked

avril, 2024
  • In a recent decision, the Eleventh Circuit Court of Appeals addressed Florida's controversial "Stop WOKE" Act, which sought to limit mandatory employer-led training on topics deemed objectionable by the state, specifically those related to discrimination, diversity, equity, and inclusion.
  • The court's ruling struck down these provisions, emphasising the paramount importance of the First Amendment and its protections against content and viewpoint discrimination.
  • This decision reaffirms employers' right to conduct mandatory training sessions on a wide range of topics, including sensitive issues surrounding diversity and inclusion, without fear of punitive action from the state.

Singapore: Decision on post-employment restraints

avril, 2024
  • In the judgment of Shopee Singapore Pte Ltd v. Lim Teck Yong [2024] SGHC 29, the High Court of Singapore explored the balance between enforcing restrictive covenants in employment contracts and preserving an individual's right to work.
  • The judgment critically examines the enforceability of non-competition and non-solicitation clauses, underscoring the necessity for these covenants to protect legitimate business interests without overly restricting the employee's future employment opportunities.

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