Co-funded by the European Union
labour law
Newsletter January, 2024

USA: New requirements for non-disclosure and non-disparagement provisions in New York

January, 2024
  • On 17 November 2023, the New York Governor signed Bill S4516 into law.
  • It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
  • It applies to all agreements signed or entered into after 17 November 2023.

Australia: the Fair Work Commission (FWC) ruled in favour of an employer’s right to refuse a remote work request

January, 2024
  • On 16 November 2023, the Fair Work Commission ruled on an employer's right to refuse a request for remote work.
  • The decision marks an important first step following the entry into force of the new flexible work legislation, the Fair Work Legislation Amendment (Secure Jobs, Better Pay), that came into force at the beginning of the year.
  • Among the significant changes introduced by the law is granting the Fair Work Commission the power to decide a dispute over a flexible work request.

USA: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

January, 2024
  • On 30 October 2023, President Biden issued an executive order on the safe, secure, and trustworthy development and deployment of artificial intelligence (AI), aiming to set out general standards governing the use and development of AI across industries.
  • It stresses the importance of using AI safely and responsibly and advancing a coordinated, Federal Government-wide approach.

Uganda: Court of Appeal confirms employers can terminate an employee’s contract without cause

January, 2024
  • On 15 November 2023, the Court of Appeal of Uganda reaffirmed the employer's right to terminate the employment relationship by providing notice or payment in lieu of notice.
  • It stated that where the notice period is observed, or compensation is paid in lieu thereof, employers are not obliged to give reasons for dismissal under Section 65(1)(a) of the Employment Act.
  • It is based on the assumption that termination of employment is distinct from dismissal for misconduct or poor performance, which requires procedures and reasons.

New Zealand: New law allows 90-day trial employment periods for all employers

January, 2024
  • On 21 December 2023, the Employment Relations (Trial Periods) Amendment Bill was passed in Parliament.  
  • It was introduced as a Member’s Bill in August 2023 in the previous Parliament.
  • It provides that, with effect from 23 December 2023, all employers in New Zealand can use 90-day trial periods, extending its scope of application. 
Newsletter December, 2023

South Africa: Decision on Discrimination between Mothers and Fathers

December, 2023
  • On 25 October 2023, the Gauteng High Court stated that Sections 25, 25A, 25B, and 25C of the Basic Conditions of Employment Act 1997 (BCEA) relating to the minimum period of maternity, parental, adoption, and commissioning parental leave are invalid. 
  • The Court found that these provisions unfairly discriminate between mothers and fathers and between parents whose child is born of the mother, as opposed to surrogacy or adoption parents, in violation of the rights to equality and dignity of the Constitution of the Republic of South Africa. 
  • The declaration of invalidity has to be confirmed by the Constitutional Court.

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. 

 

 

 

Vietnam: Decree 152/2020/ND-CP Regulating Foreign Workers in Viet Nam Amended

December, 2023
  • On 18 September 2023, the Government issued Decree No. 70/2023/ND-CP, amending, with immediate effect, Decree No. 152 on foreign employees working in Viet Nam, aiming to streamline the recruitment process of foreign workers.

Tags

Extbase Variable Dump
NULL

Policy