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labour law
Newsletter March, 2024

Italy: The Data Protection Authority provides important guidance on the retention of company e-mail data

March, 2024
  • Data Protection Authority's (DPA) Guidance Document no. 642, published on 21 December 2023 and highlighted in their 6 February 2024 newsletter, introduced new guidelines on workplace email management. 
  • Employers in the public and private sectors who leverage computer programmes and cloud-based services to manage employee emails are now restricted to retaining the metadata of these emails for a maximum of seven days. An extension of up to 48 hours may be granted in cases of proven necessity. 
  • It poses potential challenges for companies in terms of compliance and operational flexibility.

UK: comparison between GPT-4 and Human Respondents for Occupational Evaluation (an ILO paper)

March, 2024
  • ILO recently published a new report that offers valuable insights into how advanced artificial intelligence (AI), exemplified by GPT-4, compares with human judgment in evaluating occupational roles within the UK labour market.
  • It explores the perceptions and attitudes of workers towards integrating AI technologies like GPT-4 into their professional environments and forecasts potential shifts in the labour market influenced by the adoption of AI technologies.

Chile: The Labour Directorate establishes the meaning and scope of Law No. 21.645 on the protection of maternity, paternity and family life

March, 2024
  • Law N°21.645, published on 29 December 2023, amended the Labour Code to strengthen maternity, paternity, and family life protections. It introduces a new regime for remote work and telecommuting under specific conditions.
  • On 26 January 2024, the National Director of Labour issued Dictamen N°67/1, providing legal interpretation and guidance on the law. 

Netherlands: House of Representatives has started debating the Bill on the Admission of Workers on Posting (Wtta)

March, 2024

Argentina: new president issues emergency decree on labour issues

March, 2024
  • On 20 December 2023, the Argentine government introduced Decree 70/2023, aimed, among others, at reshaping the employment landscape. 
  • This reform was, however,halted. Trade unions obtained injunctions against the enforcement of the labour chapter and a partial ruling by a labour court has suspended the effects of the new law. 
  • The decision now lies with the national Supreme Court of Justice.

USA: Whistleblower Retaliation

March, 2024
  • On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002. 
  • The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
  • The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part. 

Canada: decision on poof of evidence in case of dismissal

March, 2024
  • On 23 January 2024, the Court of King's Bench of Manitoba decided on a wrongful dismissal case.
  • The decision is based on the employer's need for more rigorous proof of the facts underlying the dismissal. 
Newsletter February, 2024

Indonesia: guidance on Compensation Pay and Balance of Contract Pay for Fixed-Term Employees

February, 2024
  • On 29 December 2023, the Supreme Court issued Circular Letter No. 3 concerning the compensation and balance of contract pay for fixed-term employees.
  • It implements the 2023 Supreme Court Guideline for the Role of Indonesian Courts (“SEMA No. 3”) to be applied when settling labour disputes. 

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