Co-funded by the European Union
Newsletter August, 2021

Mexico: Outsourcing and Insourcing Amendment were extended for one month

August, 2021
  • On 31 July 2021, a decree was enacted to amend and extend the terms provided for the implementation and compliance of the tax, labor, and social security obligations imposed to employers under the Outsourcing Amendment adopted last April.
  • The decree extends the deadline by which employers must implement the provisions of the reform to 1 September 2021.

France: new law designed to combat the COVID-19 epidemic more effectively

August, 2021
  • Law No. 2021-1040 of 5 August 2021 on health crisis management covers two main measures: the extension of the health pass (‘passe sanitaire’) and the compulsory vaccination for certain categories of people working in the health sector.
  • Failure by the employer to comply with the obligation to monitor compliance with the vaccination requirement is punishable by a fine of 1500 EUR.

Canada: Pay Equity Act will come into force on 31 August 2021

August, 2021
  • On 7 July 2021, the Minister of Labour, Filomena Tassi, announced that the Government will bring the Pay Equity Act into force on 31 August 2021, and that the final Pay Equity Regulations are available in Part II of the Canada Gazette.
  • Federally-regulated employers with 10 or more employees will have three years to develop and implement their proactive pay equity plans.
  • The governments of Yukon, the Northwest Territories and Nunavut and Indigenous governing bodies are currently exempt from the application of the Act. 

Colombia: A new Law that reduces the weekly working hours from 48 to 42

August, 2021
  • On 15 July 2021, Law 2101 of 2021 came into force reducing the working week from 48 to 42 hours
  • This reduction will take effect gradually between 2023 and 2026.  
  • Salaries and social benefits will not be affected or reduced under this new law.

Greece: Greek Law 4808/2021 - Major reforms in employment legislation

August, 2021
  • On 19 June 2021, Government Gazette A’ 101 publish the Law 4808/2021 (), which introduces crucial reforms on individual employment relationships in compliance with ILO Conventions 190 and 187, and transposes Directive (EU) 2019/1158.

Australia: a High Court decision on the nature of causal employment

August, 2021
  • On 4 August 2021, the Australian High Court unanimously allowed an appeal from a judgment of the Full Court of the Federal Court concerning the nature of casual employment, the so-called “Rossato case”.
  • Although the meaning of a ‘casual employee’ is now defined in legislation (the Fair Work Act) due to an amendment which came into effect in March this year, this decision still has legal and policy implications.
  • The High Court held that a "casual employee" is an employee who has no firm advanced commitment from the employer as to the duration of the employee's employment or the days (or hours) the employee will work, and provides no reciprocal commitment to the employer. 
  • In determining whether a “firm advance commitment” exists, the focus must be on contractual obligations between the parties, because where there are express terms of the contract of employment (as varied from time to time), they must be given effect unless they are contrary to legislation.
  • Reliance on non-contractual aspects of the employment relationship (e.g. working in accordance with a roster) to assert there was a “firm advance commitment” was not accepted, as there were not express or implied terms of Mr Rossato’s contract. The Court unanimously determined that Mr Rossato was a casual employee, considering that his employment was expressly on an "assignment-by-assignment basis", he was entitled to accept or reject any offer of an assignment, and at the completion of each assignment the company was under no obligation to offer further assignments.

UK: Implications of the UK Supreme Court decision in the case Uber v Aslam.

August, 2021
  • UK Supreme Court judgment in the Uber v Aslam case has affected the common law relating to employment relationship. This could have ramifications in other jurisdictions, such as South Asia, which follow the principles of English Common Law in determining the existence of an employment relationship.

Spain: Developments after adoption of the Rider-Law

August, 2021
  • Following Spanish Supreme Court decision on Deliveroo’s workers, Deliveroo announced it will leave the Spanish market by the end of October 2021, but only for economic reasons, aiming to focus investment and resources on other markets.

Philippines: Employers Confederation of the Philippines (ECOP) launches digital learning with the ILO

August, 2021
  • International Training Centre of the ILO (ITCILO) partnered with ECOP to launch their new eCampus platform,
  • ECOP will offer online courses on topics such as industrial relations, human resource management, occupational safety and health, entrepreneurship, management development and employee development. 

Singapore: by 2023 artificial intelligence will be used to guide parties in resolving employment and salary disputes

August, 2021
  • The Manpower Ministry (MOM) is converting the mediation process related to employment and salary disputes to an online one
  • Disputes would be resolved remotely by 2023.

Italy: the first judgments on an employee's refusal to be vaccinated and to wear a mask in the workplace

August, 2021
  • According to some Italian Court, the employer can suspend an employee from work and pay, based on the judgment, by the competent doctor, of her temporary unfitness due to refusal to undergo the vaccine Covid, or if the vaccinations she refused are an essential requirement for exercising the profession.
  • According to the Trento Labour Court, it is lawful to dismissal of an employee, who repeatedly refuses to wear a face mask in the workplace.  
Newsletter June, 2021

Chile Unido Foundation released good practices for mental health in times of Covid-19

June, 2021
  • The study underlined that the relevance of employee’s mental health for organisations has increased by 23% in 2020. It is now a matter of priority for 83% of companies.

A study on work-life balance in Latvia

June, 2021
  • The Latvian Employers’ Confederation (LDDK) managed the Balance for All (B4A) project, co-financed by the European Union, to put into practice and implement measures in Latvia that will create and improve preconditions for more equal access to the labour market and work-life balance.
  • As part of this project, it conducted a study on the legislative framework, best practices and various aspects of work-life balance in Latvia.

“How to make remote work, work for everyone”, an Adecco Group White Paper

June, 2021
  • A recently published White Paper from the Adecco Group entitled “How to make remote work, work for everyone”, provides a comparative overview of the legislation on remote work in 16 countries and outlines a set of recommendations for employers and governments to successfully accompany a transition towards a hybrid work model.

International Labour Office new Evaluation Tool For the review of a country’s apprenticeship policy and system

June, 2021
  • The International Labour Office (ILO Office) released a new tool allowing country’s stakeholders and evaluation services at the national level to review their systems of apprenticeships and manage improvements.

An important European Court of Human Rights decision on freedom of assembly and association in Norway

June, 2021
  • In the case ‘Norwegian Confederation of Trade Unions (LO) and Norwegian Transport Workers’ Union (NTF) v. Norway - 45487/17’ (Judgment 10.6.2021 [Section V]), the European Court of Human Rights determined that Norway did not violate article 11 of the European Convention of Human Rights on freedom of assembly and association.

Proposal for a reform of the Swedish Labour Law

June, 2021
  • On 7th June, the Swedish Minister of Labour, Eva Nordmark, presented to the Parliament/Government a proposal for a reform to the Swedish labour law.  

Guinea Business Forum: a successful social dialogue

June, 2021
  • The Guinea Business Forum (GBF) platform is a space for dialogue between the State and the Guinean private sector.

EU social partners of the metal, engineering and technology-based industries renewed their Pledge on apprenticeships

June, 2021
  • The renewed declaration outlines the importance of avoiding the risk of losing the next generation of industrial workers by relaunching high-quality and effective apprenticeships.
  • It contains also a call for Member States to put apprenticeships in their recovery agendas and to allocate adequate funding.

2021 International Labour Conference approved a Resolution on Covid-19 response

June, 2021

2021 International Labour Conference adopted a Resolution on social protection

June, 2021

2021 International Labour Conference Committee on the Application of Standards tripartitely adopted the “Outcome of the discussion of the General Survey and its Addendum on Promoting Employment and Decent Work in a Changing Landscape”

June, 2021
  • The Committee on the Application of Standards (CAS) discussed, among other topics, the Committee of Experts on the application of Conventions and Recommendations (CEACR) 2020 General Survey and its Addendum.
  • Based on this discussion, the International Labour Organisation (ILO) Constituents adopted an outcome that shed light, among other points, on the private sector as the principal source of economic growth and job creation, the need to promote an enabling environment for entrepreneurship and sustainable enterprises, and the role of sustainable enterprises as generators of employment and promoters of innovation and decent work.

WEC-Europe launches the Manifesto “Recovery, Reform and Resilience”

June, 2021
  • WEC-Europe calls for national policies to focus on recovery, reform and resilience. 
  • It details how the European Union can be supporting its Member States in the recovery phase. 

World Employment Conference 2021: Steering a labour market in transformation

June, 2021
  • The virtual annual conference will take place on 6-8 September 2021.
  • It is organised annually by the World Employment Confederation. This year’s edition is run in partnership with WEC’s Spanish federation ASEMPLEO.
  • Participation is open for subscription.
Newsletter May, 2021

UK Court of Appeal rejects a trade union demand for recognition as a bargaining agent

May, 2021
  • Trade union demand was rejected because there was already another recognised bargaining agent.
  • This is not a violation of Article 11 of the European Convention on Human Rights. 

Mental health and wellbeing: a key issue for the private sector

May, 2021
  • The pandemic has exacerbated the need to consider mental health as a key workplace issue.
  • What are the implications of mental health risks on employers?

“Champions of development”: Egyptian employers serving the economic recovery

May, 2021
  • Egyptian companies have contributed to fight the social and economic consequences of Covid-19.
  • Activities ranged from direct donations and gifting of medical supplies to skilling initiative, solidarity programmes for workers affected by the pandemic, youth empowerment.

Fostering intra trade in Africa and its impact on employment

May, 2021
  • The African Continental Free Trade Agreement will have profound impact on jobs and investments.
  • Additional rules are required for the agreement to be fully operationalised.
  • The private sector in conjunction with employers’ organisations has a key role to play.

The key role of Labour Migration in the post-Covid recovery

May, 2021
  • In light of the social and economic consequences of the Covid-19 pandemic, the IOE Policy Working Group on Migration has restated the priorities for migration and recruitment practices.

Labour disputes under Canada, Mexico, and the USA trade agreement: rules of the game and treatment of the first dispute

May, 2021
  • Labour disputes for violation of Chapter 23 of the USMCA agreement are settled with the “Facility-Specific Rapid Response Labor Mechanism”.
  • Under this mechanism, sanctions hit directly the company limiting labour rights.
  • US trade unions just triggered the “Facility-Specific Rapid Response Labor Mechanism” for a subsidiary of a US company in Mexico.

Mexico approves the law on outsourcing

May, 2021
  • The reform restricting the current use of outsourcing in Mexico has been enacted.
  • The reform entered into force on 24th April 2021.

Spain approves a “Riders Law”

May, 2021
  • The “Riders Law” will enter into force on 12 August 2021.
  • It is the result of a tripartite agreement, reached after 5 months of negotiation.

Labour Rights enforcement in Uzbekistan: what is new?

May, 2021
  • The Government of Uzbekistan started reporting on compliance with workers’ rights, in line with international labour standards ratified in the country.
  • It provided data on the last cotton harvest and the sharp decrease in forced labour.

New Zealand government is determined to have a new Fair Pay Agreement System that is not respectful of social partners’ voluntary bargaining

May, 2021
  • New Zealand has made advancements on the Fair Pay Agreement System, after we reported about the national debate surrounding it in this article.
  • On 7 May 2021, the Government announced the design of the new Fair Pay Agreement system, but the draft Law is yet to be elaborated.  

Proposal for a European Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women

May, 2021
  • The draft European Directive aims at closing the gender pay gap through pay transparency and enforcement mechanisms.
  • It clarifies the meaning of the expression of “equal pay for equal work or work of equal value” and the methodologies to assess it.
  • It obliges companies with more than 250 employees to annually report in detail about the gender pay gap.
  • It shifts the burden of the proof and foresees fines and remediation provisions in case of violation.

The Chadian National Social Dialogue Committee and the role of employers for economic reactivation

May, 2021

• Interview to Mr Ali Abbas Seitchi

2021 International Labour Conference has already started its virtual works

May, 2021
  • The 2021 ILC will first discuss topics such as the impact of Covid-19 on the world of work and the ILO’s response, social protection and the application of international Labour Standards.
  • A second part of the Conference to be held in November 2021 will discuss the topics of inequalities and skills.

New Zealand case on discrimination was closed by the Employment Relations Authority

May, 2021
  • The case Lamont v Ritchies Transport Holdings Limited highlights the possible negative consequences of multiple negotiations of different collective agreements.
Newsletter April, 2021

How do Public and Private Employment Services collaborate to support Activation and Transition?

April, 2021
  • WEC published a report on partnerships between public and private employment services
  • The report shows that much collaboration is present in countries with a mature and professional private employment industry
  • The key opportunities identified to level up these partnerships are increased functioning of labour markets and increased access to talent for employers
  • The urgency of these collaborations is underscored by the increased need to support people in making more labour market transition over the course of their lives.

Skills strategies for a sustainable world of work: a joint publication WBCSD and GAN

April, 2021
  • The publication looked into questions such as “What is the risk of not addressing skills mismatches?”, “How to prepare a corporate skills strategy?”
  • The 16 case studies are key to understand the business case for upskilling