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Newsletter December, 2023

European Court of Justice: Decision on Paid Leave in the Event of Sickness Absence

December, 2023
  • 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.

UK: Information Commissioner’s Office Publishes Guidance to Ensure Lawful Monitoring in the Workplace

December, 2023
  • On 3 October 2023, the UK Information Commissioner's Office (ICO) published a new Guidance on lawful monitoring in the workplace
  • It aims to help employers comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) and provides practical advice. 

 

 

 

 

European Court of Justice: Decision on Part-time and Accrual of Pay Increases

December, 2023
  • 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.

USA: Case on the Employer's Limits in Requesting Information at the Recruitment Stage

December, 2023
  • On 19 October 2023, the U.S. Equal Employment Opportunity Commission reached an agreement with the American company Dollar General, ending litigation started in 2017 for alleged violations of genetic and disability laws (EEOC v. Dolgencorp, LLC., Case No. 2:17-cv-01649-MHH) in the United States District Court for the Northern District of Alabama.
  • The Commission alleged that the Company required disclosure of a family member's medical condition during the pre-employment medical examination and used selection criteria that excluded qualified applicants with disabilities.

USA: Presidential Memorandum to Ensuring High Labour Standards

December, 2023

Netherlands: Consultation on the Legislative Proposal ‘Clarification of Assessment of Employment Relationships and Legal Presumption'

December, 2023
  • In April 2023, the Dutch Cabinet proposed a bill (Clarification of the Evaluation of Employment Relationships and the Legal Presumption) to clarify the legal assessment of employment relationships (when work must be performed as an employee and when it can be performed as a self-employed person). 
  • On 6 October 2023, the Minister of Social Affairs and Labour opened the internet consultation on the legislative Proposal. During this time, interested parties were invited to comment and propose amendments. The consultation ended on 10 November 2023.
  • The Proposal is expected to enter into force on 1 July 2025.

 

 

 

 

 

Newsletter November, 2023

Ireland: Decision on sick leave benefits

November, 2023
  • On 25 September 2023, the Workplace Relations Commission (WRC) rejected an employee claim, stating that employers who offer employees more favourable sick leave benefits are not obliged to pay statutory sick leave.
  • It is the first decision rendered on the issue after the Sick Leave Act 2022 (the Act) which came into force on 1 January 2023.

UK: The Workers (Predictable Terms and Conditions) Act has been passed

November, 2023
  • On 19 September 2023, The Workers (Predictable Terms and Conditions) Act received Royal Assent.
  • The bill proposes new provisions in the Employment Rights Act 1996 aiming to give workers on atypical contracts and agency workers the right to request more predictable terms and conditions of work.

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