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Newsletter April, 2024

Netherlands: The Equal Opportunity in Employment Bill rejected in Senate

April, 2024
  • On 14 March 2023, the Dutch House of Representatives passed the "Supervision of Equal Opportunities in Recruitment and Selection Bill," which aims to address and reduce employment discrimination, especially on the basis of origin, gender, race, colour, age, religion, sexual orientation or disability.
  • On 12 March 2024, the discussion around the bill continued in the Dutch Senate, building on the plenary debate initiated on 27 February 2024.A critical vote and accompanying motions took place on26 March 2024 and and the Bill was not adopted in the Senate after a majority voted against it.

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.

Hong Kong: Labour Advisory Board announced changes in the 418 Rule

April, 2024
  • The Labour Advisory Board (LAB) in Hong Kong has agreed to relax the "418" requirement, using aggregate working hours of four weeks with a 68-hour threshold.
  • This review is part of the labour support initiatives from the Chief Executive's 2023 Policy Address. 

Australia: Workplace Gender Equality Agency published the first gender pay gap data

April, 2024
  • The Workplace Gender Equality Agency (WGEA) has published the first median gender pay gaps for Australian private sector employers, reflecting the Albanese Government's commitment to remedying inequities in the labour market.
  • It follows the adoption of the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023, which requires the WGEA to publish the gender pay gap of relevant employers. This aim is to promote transparency and address gender pay gaps, as we reported here
  • This reporting requirement also includes information on sexual harassment, harassment on the grounds of sex, or discrimination.

Mozambique: the new Labour Law entered into force

April, 2024
  • Following the publication of the new Labour Law, Law No. 13/2023, in the Official Gazette on 25 August 2023, businesses and workers alike are gearing up for significant changes in the labour market. 
  • This Law, which repeals the previous Law No. 23/2007, signals a crucial moment in Mozambique's commitment to modernising its workforce regulations in line with current socio-economic and technological advancements.

Carrefour announces new strategic plan to promote diversity

April, 2024
  • On 5 March 2024, Carrefour unveiled its strategic plan for diversity and inclusion.
  • The Company has initiated a four-pillar action plan aimed at transforming the Company's diversity landscape by 2026.
  • It includes comprehensive anti-discrimination and unconscious bias training, establishing a community of role models, enhancing recruitment from diverse origins, and promoting employees from diverse backgrounds, especially women.

Mexico: New provisions for the registration of individuals or legal entities that provide specialised services or perform specialised works

April, 2024
  • On 21 February 2024, Mexico introduced new provisions for the registration and renewal process for individuals and legal entities for specialised services and works. 
  • The latest amendments to Mexico's Federal Labour Law, specifically Article 15, are designed to tighten the oversight of specialised services and works within the country. 
  • These changes, published in the Federation's Official Gazette, aim to ensure that entities providing specialised services are compliant with local regulations and maintain high standards of operation.

Artificial Intelligence Act approved

April, 2024
  • On 13 March 2024, the European Parliament approved the Artificial Intelligence (AI) Act, with 523 votes in favour, 46 against and 49 abstentions.
  • This framework is designed to prevent the fragmentation of regulations across member states, providing a unified legal environment for AI deployment.

USA: Stop WOKE law enforcement blocked

April, 2024
  • In a recent decision, the Eleventh Circuit Court of Appeals addressed Florida's controversial "Stop WOKE" Act, which sought to limit mandatory employer-led training on topics deemed objectionable by the state, specifically those related to discrimination, diversity, equity, and inclusion.
  • The court's ruling struck down these provisions, emphasising the paramount importance of the First Amendment and its protections against content and viewpoint discrimination.
  • This decision reaffirms employers' right to conduct mandatory training sessions on a wide range of topics, including sensitive issues surrounding diversity and inclusion, without fear of punitive action from the state.

Singapore: Decision on post-employment restraints

April, 2024
  • In the judgment of Shopee Singapore Pte Ltd v. Lim Teck Yong [2024] SGHC 29, the High Court of Singapore explored the balance between enforcing restrictive covenants in employment contracts and preserving an individual's right to work.
  • The judgment critically examines the enforceability of non-competition and non-solicitation clauses, underscoring the necessity for these covenants to protect legitimate business interests without overly restricting the employee's future employment opportunities.

Africa: White paper on Artificial Intelligence in migrant population

April, 2024
  • Talenteum, the HR Fintech Startup that matches Talents from Africa willing to work remotely with international companies, recently published a white paper highlighting AI's crucial role in recognising migrant skills and fostering digital inclusion.
  • According to the paper, the effective use of AI in integrating migrant talent presents a unique opportunity to enhance workforce diversity, drive innovation, and promote social responsibility.
  • The presented challenges and solutions offer a roadmap to more effectively leveraging migrant talent, ensuring that businesses remain competitive and socially responsible in a rapidly evolving digital economy.

European Union: Council confirms agreement on platform workers

April, 2024
  • On 11 March 2024, European Union (EU) employment and social affairs ministers confirmed the provisional agreement on the platform work directive reached on 8 February 2024 between the Council's presidency and the European Parliament's negotiators.
  • The agreement sets a precedent for regulating algorithmic management and ensuring fair labour practices in the digital labour market.

ILO: Meeting of Experts on Wage Policies concluded

April, 2024
  • The International Labour Organization (ILO) achieved a landmark agreement on living wages during its Meeting of Experts on wage policies in Geneve last February. 
  • On 13 March 2024, the ILO’s Governing Body endorsed the agreement. 
  • It emphasises the role of social dialogue and collective bargaining in achieving living wages, advocating for wage-setting processes that reflect ILO principles, the diverse needs of workers, and economic realities.
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.

Spain: First Social Dialogue roundtable to address equality and discrimination against LGTBI in the workplace

March, 2024
  • Spain's Ministry of Labour and Social Economy has initiated tripartite negotiations involving government, labour unions and employer organizations to implement measures for real and effective LGBTI equality in the workplace.
  • The negotiations aim to give effectiveness to Law 4/2023, which mandates companies with over 50 employees to adopt specific measures and resources for LGBTI equality, including protocols for addressing harassment or violence.

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

Sanofi announced a global programme for employees affected by cancer or a serious illness

March, 2024
  • On 5 February 2024, Sanofi unveiled "Cancer and Work: Acting Together," a comprehensive global programme to support employees diagnosed with cancer or other serious illnesses. 
  • This initiative ensures job security, salary continuation, and social benefits for at least twelve months, regardless of the employee's role or location, marking a significant step forward in corporate responsibility and employee welfare.

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.

Minimum wages in 2024: Eurofound analysis

March, 2024

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. 

Randstad Workmonitor 2024: The voice of talent in 2024

March, 2024
  • Randstad recently published the Workmonitor 2024 report, which provides an in-depth analysis of emerging labour market trends, worker attitudes, and the future of employment based on a comprehensive global survey.
  • The report highlights key issues such as the impact of technology on jobs, the rise of remote work, and the evolving expectations of employees towards work-life balance and job security.

ILO: New report on decent work in platform economy

March, 2024
  • The International Labour Organization (ILO) recently released, on January 2024, the Law and Practise report in  the emerging field of digital labour platforms and their impact in the World of Work.
  • The Law and Practise report (known as White Report), is intended to inform the discussions at the 2025-2026 Standard Setting on Platform Economy and to help Member States in responding to the appended questionnaire.
  • The inputs and responses provided by the Member States will set the base for the Yellow Report, which will be the draft report discussed in the first sitting of the Platform Economy Standard Setting in 2025.

European Commission proposes changes to EWC Directive strengthening transnational social dialogue

March, 2024
  • On 24 January 2024, the European Commission presented its proposal to amend the directive on European Works Councils (EWCs).
  • It aims to ensure more effective communication channels between employers and employee representatives, highlighting the importance of early and meaningful consultations and clarifying the operational framework of EWCs, potentially leading to more structured and efficient consultation processes.
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. 

Canada: New definition of employer under the Occupational Health and Safety Act

February, 2024
  • In R v Greater Sudbury (City) 2023 SCC 28, the Supreme Court of Canada stated that the City of Sudbury, which had contracted with a third-party constructor for a construction project, had duties as an "employer" to ensure worker health and safety in the workplace, by the Ontario Occupational Health and Safety Act (the "OHSA").

European social partners commit to working towards a competitive transition of the European steel sector

February, 2024
  • On 27 November 2023, the European social partners of the steel sector, industriAll European Trade Union and EUROFER, signed a joint declaration to support the double green and digital transition of the European steel industry and its workers.

Singapore: “Businesses Need to Sustain Output for Four-day Workweek to Work” The National Employers Federation of Singapore (SNEF) recently analysed employers' perspectives towards the four-day working week and why they support it

February, 2024
  • The survey results were compiled in an interesting article published in the Singapore Labour Journal.
  • The report provides information on the opportunities and challenges of a four-day working week, highlighting potential trade-offs that could be adopted in different industries in Singapore.

UK: The Worker Protection Act passed

February, 2024

L’Oreal reinforced the “Share&Care programme”

February, 2024
  • In 2023, L'Oreal's social programme program Share & Care, created to provide social and health protection and wellbeing at work for all employees, often exceeding local requirements, celebrated its 10th anniversary.
  • Last November, the Company confirmed its commitment, adding to the program new measures related to cancer prevention and financial, psychological, and practical support during treatment and upon returning to work, as well as support for victims of domestic violence. 

New Zealand: Parliament passed legislation to abolish Fair Pay Agreements

February, 2024

Chile: Karin law on sexual and labour harassment passed

February, 2024
  • On 5 January 2024, the Government enacted the so-called Karin Law (in honour of Karin Bolaños, a worker who tragically took her own life after falling victim to workplace harassment) against workplace harassment.
  • The law applies to all companies, regardless of size, and includes regulations relevant to the State Administration and its multiple agencies.
  • It aims to set a legal framework for a safe and healthy work environment, not only punishing workplace and sexual harassment but also preventing them with education and protocols.

EU: Platform workers directive on hold

February, 2024
  • On 22 December 2023, member states’ failed to find a majority over the platform work directive deal negotiated with the European Commission and the European Parliament. 
  • The negotiation for an agreement on the directive on platform work will continue under the Belgian Presidency as of 1 January 2024. 

Norway: decision on working and available time

February, 2024
  • On 2 November 2023, the Norwegian Supreme Court stated that offshore workers’ so-called “available time” - when the employee is available for the employer - pursuant to their CBA does not correspond to “working hours” under the Working Environment Act (“WEA”).

USA: Final rule on Employee or Independent Contractor Classification

February, 2024

World Employment and Social Outlook: Trends 2024

February, 2024
  • On 10 January 2024, the International Labour Organization (ILO) published a new annual report on the global labour market, employment trends, and emerging labour market challenges.
  • The report shows a complex scenario, characterised by disparities between high- and low-income countries, a large part of the workforce employed informally and the prevision of a slight increase in global unemployment in 2024.
  • At the same time, although the recovery from the pandemic remains uneven and economic conditions due to inflation have worsened, labour markets have shown impressive resilience.

EU: Provisional deal on the corporate sustainability due diligence directive reached

February, 2024
  • On 14 December 2023, the Council of the European Union and the European Parliament agreed on a text for the Corporate Sustainability Due Diligence Directive (CSDDD).
  • It requires formal approval by the Legal Affairs Committee and the European Parliament as a whole, as well as by the Council (EU governments) to enter into force. 
  • It aims to enhance the protection of the environment and human rights in the EU and globally.
  • The Commission proposal was introduced on 23 February 2022, and the Council adopted its general approach on 1 December 2022.

A new ILO Approach on Good Governance and Decent Work in Uzbekistan’s Cotton, Textile and Apparel Sector

February, 2024
  • On 29 November 2023, the ILO presented its new Approach to Good Governance and Decent Work in Uzbekistan's Cotton, Textile, and Apparel Sectors.
  • The ILO approach aims to achieve important objectives, such as respecting fundamental principles and labour rights  in the cotton supply chain, developing inclusive and sustainable enterprises, and strengthening the capacity of employers' and workers' organisations to promote decent work.