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Newsletter December, 2023

Canada: Pay Transparency Legislation Entered into Force in British Columbia

December, 2023
  • As we reported last May, British Colombia adopted the Pay Transparency Act, which addresses systemic discrimination in the workplace and aims to reduce pay gaps affecting women, people of colour, people with disabilities, and non-binary people.
  • According to the Act, employers can no longer ask job applicants about what they were paid in previous positions. 
  • From 1 November 2023, all employers in British Columbia must include pay ranges in job postings, prepare reports identifying systemic pay discrimination, and disclose pay information to employees and applicants upon request.
  • The Pay Transparency Regulation (BC Reg 225/2023) was released on 23 October 2023 and is now in force. It provides details on the mandatory contents of the remuneration transparency reports. 

 

 

 

Newsletter November, 2023

Rajasthan introduced Platform Based Gig Workers (Registration and Welfare) Act

November, 2023
Newsletter October, 2023

Italy: A Decision on indirect gender discrimination in job advertisements

October, 2023
  • On 3 July 2023, the Supreme Court confirmed the principle that the stipulation of equal height for men and women (1.60m) as a requirement for employment constitutes indirect discrimination against women. 
  • The same requirement is neither objectively justified nor relevant and proportional to the duties deriving from the qualification attributed.

Brazil: Law n. 14,611/2023 on equal pay enacted

October, 2023
  • On 4 July 2023, Brazil enacted Law n. 14,611/2023 on equal pay for equal work between women and men.
  • It is part of a package of gender equality measures announced by the government in March 2023 to tackle discrimination and inequalities in the workplace.

Australia: Human Rights Commission (‘AHRC’) released its new Guidelines for Complying with the Positive Duty under the Sex Discrimination Act

October, 2023
  • On 10 August 2023, the Australian Human Rights Commission (‘AHRC’) published the Guidelines for Complying with the Positive Duty under the Sex Discrimination Act.
  • The objective is to support employers in fulfilling their positive duty to eliminate sex discrimination, sexual harassment, and conduct that creates a hostile work environment because of sex and related acts of victimisation in the workplace.

India: a decision on maternity benefits and term employment contract

October, 2023
  • On 17 August 2023, in the case Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department and Others (Civil Appeal Number 5010 of 2023), the Supreme Court of India stated that maternity benefits must be granted, even where they extend beyond the duration of a fixed-term employment contract.
  • It clarified that a woman employed on a fixed-term basis who meets the eligibility criteria for maternity benefit under the Maternity Benefit Act (MB Act) 1961 is, therefore, entitled to the whole 'maternity benefit,' even if the period of that benefit exceeds the duration of the employment contract.
Newsletter June, 2023

Belgium: New regulation on violence at work and psychological or sexual harassment at work

June, 2023
  • On 15 May 2023, a new regulation modifying the protection against retaliation of discrimination and violence, moral or sexual harassment at work was published in the Belgian State Gazette.
  • The new rules, required to comply with the relevant European directives, came into force on 1 June 2023. 

Sierra Leone: Gender Equality and Women’s Empowerment Bill

June, 2023
  • In January 2023, President Julius Maada Bio of Sierra Leone signed into law the country's landmark Gender Equality and Women's Empowerment Act (GEWE)
  • The law is the most significant increase in women's political participation in the country's history and an excellent achievement for gender equality in Sierra Leone. 
  • Approval was possible because of the understanding that emancipated women would contribute economically to the family, the community, and the country.

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