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Newsletter January, 2024

Canada: Federal Government’s Legislation Prohibiting REplacement workers (a Fasken’s contribution)

January, 2024

Mexico: reform bill reducing working hours still pending

January, 2024
  • Last year, the House of Representatives Member Susana Prieto presented a Bill to constitutionally amend working hours from 48 to 40 hours a week.
  • In November 2023, members of the Board of the Chamber of Deputies made a series of recommendations and changes to the Bill that returned to the Constitutional Points Committee. 
  • On 15 December, the Mexican Congress closed its final ordinary session for 2023. The Bill will be discussed when the next ordinary session opens in February 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.

Technical meeting on decent and sustainable work in the inland waterways sector

January, 2024
  • A technical meeting on decent and sustainable work in the inland waterways sector was held in Geneva from 20 to 24 November 2023 to discuss opportunities, challenges, and future actions. 
  • Representatives from governments, workers, and employers adopted a set of conclusions and recommendations to guide ILO and its Member States, encouraging a strict collaboration with river and regional economic commissions.

 

 

 

Newsletter December, 2023

Clariane Signs its European Charter for Social Dialogue with the Members of the European Company Committee and the European Federation of Public Services

December, 2023
  • On 25 October 2023, the Managing Director of Clariane, the European Company Committee (CE-SE) Secretary, and the European Federation of Public Services (EPSU) signed the European Charter of Fundamental Principles of Social Dialogue in Paris. 
  • The Charter stresses the value of social dialogue and collective bargaining and promotes and guarantees freedom of association for all employees in the workplace. 

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.

Barilla: New Global Policy on Maternity and Paternity Leave

December, 2023
  • On 10 October 2023, Barilla, Italian excellence in the production of food products, announced the adoption of a new maternity and paternity leave policy, which will be implemented from 1 January 2024 worldwide.
  • The policy will guarantee 12 weeks of fully paid leave for each parent, regardless of gender, marital status, and sexual orientation.

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. 

 

 

 

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