On 10 January 2024, the U.S. Department of Labor published a final rule on employee or independent contractor status under the Fair Labor Standards Act (FLSA).
On 9 November 2023, the Court of Justice of the European Union ruled that Article 7 of Directive 2003/88 on certain aspects of the organisation of working time, in particular annual leave, does not preclude national rules or practices that limit the entitlement to paid annual leave once an employee has returned to work after a long period of incapacity.
Long periods of illness, even consecutive ones can result in a worker's absence, which defeats the purpose of the leave itself, namely to help the worker rest and benefit from a period of relaxation.
Consequently, on his return, the employee has no absolute right to take it.
On 19 October 2023, the Court of Justice of the European Union, in Case C-660/20, stressed that only objective reasons can justify treating part-time and full-time workers differently.
The Court ruled that domestic legislation that requires part-time employees to work an extra number of hours equal to that required of full-time employees to obtain a pay supplement is contrary to EU law.
That provision is discriminatory as it unfavourably treats part-time employees, who must perform more extra hours of service than their full-time colleagues to receive the same additional remuneration.
On 20 August 2023, the Court of Milan granted precautionary protection to a whistleblower, reinstating him in his position.
The worker had complained of economic and psycho-physical hardship for having been involved in some disciplinary proceedings following his whistleblowing on a scheme of falsification of travel documents by some colleagues.
It follows the first consultation phase launched on 11 April 2023, which ended with identifying six main areas for reform, subject to further consultation among the social partners.
The main areas of focus for further consultation concern the modification of the notion of 'transnational issue' and 'consultation,' limiting the possibility for management to classify information as 'confidential'; shortening the timeframe for setting up EWCs, improving the ability of EWCs and their members to enforce their legal rights, and ensuring that all EWCs are fully subject to the EU legal framework.
The second consultation phase will end on 4 October 2023.
On 7 August 2023, the Supreme Court clarified that liability arising from the violation of fundamental rights by the direct employer (the contractor) cannot be extended to the main company in a subcontracting regime since this is an area in which the main company cannot intervene by express legal provision and in which it also has no power of control.
On 16 March 2023, the General Confederation of Labor (GCL) and the Argentine Industrial Union (AIU) signed an agreement to modify specific obligations of Decree 144/22 regarding company childcare services.
French unions and employers have agreed on a draft collective agreement on value sharing that facilitates profit-sharing, incentive schemes, and tax-free bonuses in all companies.
The agreement will be included in an employment bill which the government is expected to present in spring 2023.