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Newsletter April, 2024

Ireland: Code of Practice for Employers and Employees on the Right to Request Remote and Flexible Working published

April, 2024
  • Following the request from the Irish Minister for Enterprise, Trade, and Employment, the Workplace Relations Commission (WRC) adopted a Code of Practice on the Right to Request Flexible Working and Remote Working, as per the Workplace Relations Act 2015 and the Work Life Balance and Miscellaneous Provisions Act 2023.
  • WRC consulted with various stakeholders, including trade unions, employer representative bodies, and the Irish Human Rights and Equality Commission, aiming to provide a practical guide for employers and employees on implementing flexible and remote working arrangements, fostering a more inclusive, adaptable, and satisfying work environment.
Newsletter January, 2024

Right to disconnect: Implementation and impact at company level” (an Eurofound report)

January, 2024
  • On 30 November 2023, Eurofound published a new research report on the right to disconnect. 
  • The report is based on a survey of employees and HR managers in Belgium, France, Italy, and Spain. It examines how the right to disconnect is implemented at the company level.

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.
Newsletter December, 2023

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. 

 

 

 

 

Newsletter November, 2023

Colombia: The Constitutional Court recognised the right of disconnection as a fundamental right

November, 2023
  • In ruling C-331 of 2023, Colombia's Constitutional Court declared the right to disconnect from work a human right that applies to all employees, regardless of their role and function, including those who perform public functions and those in managerial roles.

Netherlands: Senate rejects Work Where You Want Bill

November, 2023
  • On 26 September 2023, the Dutch Senate rejected the 'Work Where You Want Act,' a year after the Dutch parliament passed it by 37 votes to 38
  • The bill aimed to provide employees with greater flexibility regarding choice of workplace within the EU, working from home or another work location.
  • The current Flexible Working Act will continue to apply.

 

 

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.
Newsletter August, 2023

Italy: law converting Decree No. 48/2023 [Employment Decree] published in the Official Gazette

August, 2023
  • On 3 July 2023, Law 85 converting, with amendments, the Decree Law 48/2023 on "Urgent measures for social inclusion and access to employment" was published in the Official Gazette.
  • It aims to ensure greater flexibility for personnel management, introduces amendments to the discipline of fixed-term employment contracts and simplifies information obligations under the Transparency Decree.

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