It amends the Regulation for the Constitution, Organization, and Operation of the Bipartite OHS Committees of 2017, aiming to adapt companies to new technological realities, strengthen the prevention of occupational risks, and promote a safe environment.
On 4 December 2023, Safran announced the renewal of the global framework agreement (GFA) on corporate social responsibility (CSR) with the global union federation IndustriALL Global Union.
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.
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.
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.
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.
On 24 November 2023, presidents and chief executives of the member federations of BusinessEurope met in Brussels to present their priorities for the next Belgian Presidency of the Council of the European Union.
On 30 October 2023, President Biden issued an executive order on the safe, secure, and trustworthy development and deployment of artificial intelligence (AI), aiming to set out general standards governing the use and development of AI across industries.
It stresses the importance of using AI safely and responsibly and advancing a coordinated, Federal Government-wide approach.
On 15 November 2023, the Court of Appeal of Uganda reaffirmed the employer's right to terminate the employment relationship by providing notice or payment in lieu of notice.
It stated that where the notice period is observed, or compensation is paid in lieu thereof, employers are not obliged to give reasons for dismissal under Section 65(1)(a) of the Employment Act.
It is based on the assumption that termination of employment is distinct from dismissal for misconduct or poor performance, which requires procedures and reasons.
On 12 December 2023, ILO presented its first global report on public employment services (PES) and active labour market policies (ALMPs), published on 14 July 2023.
ILO presented its main findings during an online launch event, with the participation of the World Employment Confederation (WEC), the World Association of Public Employment Services (WAPES), and the World Bank (WB).
The report's findings will be used to provide technical advisory services for ILO Member States.
On 8 December 2023, the Council presidency and the European Parliament's negotiators reached a provisional agreement on the Artificial Intelligence (AI) Act.
The Act aims to ensure that AI systems in the EU respect fundamental rights and values, while stimulating innovation and investment in AI in Europe.
Both Parliament and Council must formally adopt the agreed text for it to become EU law.
The AI Act should apply two years after it enters into force.
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.
The Charter stresses the value of social dialogue and collective bargaining and promotes and guarantees freedom of association for all employees in the workplace.
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.
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.
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.
On 18 September 2023, the Government issued Decree No. 70/2023/ND-CP, amending, with immediate effect, Decree No. 152 on foreign employees working in Viet Nam, aiming to streamline the recruitment process of foreign workers.
The 21st International Conference of Labour Statisticians (ICLS) took place in Geneva from 11 to 20 October 2023, marking the centenary of the first Conference.
Workers, employers, and governments from ILO member state delegates from around 140 countries addressed critical issues related to labour market statistics and ILO statistical activities.
Topics covered ranged from informality, Sustainable Development Goals (SDG) indicators, violence and harassment at work, international labour migration, International Standard Classification of Occupations (ISCO), child and forced labour, and cooperatives.
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.
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.
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.
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.
On 6 November 2023, the Organisation for Economic Co-operation and Development (OECD) published the Skills Outlook 2023, which examines developments and trends in skills, employment and the global economy.
The 2023 edition focuses on skills change resulting from the green and digital transition and the role of skills policies in ensuring economic and social resilience.
"Fit for 55" is a policy package adopted in 2021 by EU policymakers that contains critical objectives to achieve a 55 per cent reduction in greenhouse gas emissions by 2030.
On 25 October 2023, Eurofound released a new report that forecasts how the “Fit for 55” policy package may affect employment in the EU by 2030.
According to the report, employment gains will vary widely among countries and regions depending on their reliance on carbon-intensive industries and their ability to exploit greening opportunities.
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.
On 11 July 2023, the European Commission launched the first-stage consultation of European social partners on reinforcing the EU Quality Framework for traineeships, which ended 15 September.
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.
On 3 October 2023, Axa announced its new 'We Care' programme, a long-term project to create an inclusive and supportive corporate culture that is attentive to the health and well-being of employees.
It will apply to all of Axa's more than 110,000 employees worldwide across 51 countries.
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.
On 27 September 2023, ILO published a new policy brief on occupational safety and health (OSH) in a just transition.
The policy brief aims to provide information and recommendations to implement a just transition with a focus on occupational safety and health, considering each country's needs and priorities.
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.
On 15 September 2023, the New York City Department of Consumer and Worker Protection amended the rules governing the city's Earned Safe and Sick Time Act (ESSTA), which requires employers to provide safe and sick leave to eligible employees working in New York City in an amount depending on employer size.
The new rules provide essential clarifications and guidelines to comply with the Act, including how to determine the employer's size and count remote workers in light of increasing digitisation.
On 20 August 2023, the Court of Milan granted precautionary protection to a whistleblower, reinstating him in his position.
The worker had complained of economic and psycho-physical hardship for having been involved in some disciplinary proceedings following his whistleblowing on a scheme of falsification of travel documents by some colleagues.
On 9 October 2023, Crédit Agricole Group S.A. and UNI Global Union signed a new four-year agreementthat confirms the Group's focus on the protection of workers' rights in the workplace, their trade union and human rights, as well as its ongoing commitment to developing a fruitful social dialogue.
It applies to all 75.000 employees in 46 countries.
On 24 August 2023, the Federal Labour Court declared the legitimacy of a dismissal without notice of an employee who sent insulting, racist, sexist, and violent comments about managers and colleagues in a private chat group with other colleagues.
The Ontario Workplace Safety and Insurance Board ("WSIB") amended its injury reporting policy to align it with the legislative requirements of the Workplace Safety and Insurance Act, 1997 ("WSIA").
The updated policy applies to all decisions for all accidents occurring on or after 29 September 2023.
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