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Newsletter November, 2023

Indonesia: new Guidelines on Workplace Sexual Harassment

November, 2023
  • On 9 May 2023, the Minister of Manpower ("MoM") issued Decree No. 88 of 2023 on Guidelines for the Prevention of and Response to Sexual Harassment in the Workplace, updating the previous guidelines in force since 2011 (MOM Decree No. SE.03/MEN/IV/2011).
  • The Guidelines identify actions employers should take to prevent and address sexual harassment in the workplace effectively.

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

Singapore: the upcoming Workplace Fairness Legislation (WFL)

October, 2023
  • In August 2023, the Singapore government accepted the final recommendations of the Tripartite Committee on the proposed Workplace Fairness Legislation (WFL).
  • The WFL seeks to settle disputes via mediation rather than litigation, maintaining a workplace culture that is harmonious and not litigious. 
  • The government will work with tripartite partners to implement the recommendations into law, which is expected in 2024.

European Commission launched a second-stage consultation of European social partners on revising the European Works Council Directive

October, 2023
  • On 26 July 2023, the European Commission launched a second-stage consultation of the European social partners on a possible revision of the European Works Council (EWC) Directive 2009/38/EC.
  • It follows the first consultation phase launched on 11 April 2023, which ended with identifying six main areas for reform, subject to further consultation among the social partners. 
  • The main areas of focus for further consultation concern the modification of the notion of 'transnational issue' and 'consultation,' limiting the possibility for management to classify information as 'confidential'; shortening the timeframe for setting up EWCs, improving the ability of EWCs and their members to enforce their legal rights, and ensuring that all EWCs are fully subject to the EU legal framework.
  • The second consultation phase will end on 4 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.

Taiwan: draft amendments against sexual harassment

October, 2023
  • In July 2023, Taiwan amended three laws to counter and prevent sexual harassment: the Sexual Harassment Prevention Act, the Gender Equality in Employment Act (AGEE), and the Gender Equality Education in a special legislative session.
  • The legislative modifications come as a reaction to   
  • The Gender Equality in Employment Act (AGEE) sets new and more stringent obligations for employers and penalties for non-compliance in the workplace.

Brazil: Law n. 14,611/2023 on equal pay enacted

October, 2023
  • On 4 July 2023, Brazil enacted Law n. 14,611/2023 on equal pay for equal work between women and men.
  • It is part of a package of gender equality measures announced by the government in March 2023 to tackle discrimination and inequalities in the workplace.

Generative AI and Jobs: A Global Analysis of potential effects on job quantity and quality (ILO Working paper 96)

October, 2023
  • new report  published by the ILO in August 2023 presents a global analysis of tasks and occupations implications to generative Artificial Intelligence.
  • According to the study, technology is likely to automate some tasks within an occupation while leaving time for other duties, as opposed to fully automating occupations. 
  • This study disregards the widespread concern that such technology could lead to job displacement. Lost jobs and industries are only partially exposed to automation and will be augmented and not replaced by generative AI.

 

 

 

Australia: Human Rights Commission (‘AHRC’) released its new Guidelines for Complying with the Positive Duty under the Sex Discrimination Act

October, 2023
  • On 10 August 2023, the Australian Human Rights Commission (‘AHRC’) published the Guidelines for Complying with the Positive Duty under the Sex Discrimination Act.
  • The objective is to support employers in fulfilling their positive duty to eliminate sex discrimination, sexual harassment, and conduct that creates a hostile work environment because of sex and related acts of victimisation in the workplace.

Canada: The Recognized Employer Pilot (REP) to simplify the hiring process for repeat Temporary Foreign Workerslabour (TFW)

October, 2023
  • The Canadian government announced the launch of the new Recognised Employer Pilot (REP) programme in September 2023 to ease administrative burdens for Canadian companies to hire foreign workers for specific roles.
  • It will provide employers with simpler and more predictable access to labour and more flexibility for the labour market. 

Costa Rica: a bill to work four days a week with three consecutive days off

October, 2023
  • On 15 August 2023, the Costa Rican Congress approved in the first discussion Bill 21.182 to reform the Labour Code, which proposes to change private sector working hours.
  • It was approved with 32 votes in favour and, if passed, would allow private sector employees to work a '4-3' schedule - 12 hours a day for four days followed by three days off.

Chile: a decision on the main company's liability in the case of a violation of fundamental rights committed by the contractor

October, 2023
  • On 7 August 2023, the Supreme Court clarified that liability arising from the violation of fundamental rights by the direct employer (the contractor) cannot be extended to the main company in a subcontracting regime since this is an area in which the main company cannot intervene by express legal provision and in which it also has no power of control.

Veolia implements a new social protection programme for employees worldwide

October, 2023
  • Veolia launched the new 'Veolia Cares' programme to ensure a standard basic level of social protection for the Group's 213,000 employees worldwide. 
  • The initiative will guarantee all employees the same level of protection, even where there is no legal standard of reference to overcome geographical disparities in social protection. 

India: a decision on maternity benefits and term employment contract

October, 2023
  • On 17 August 2023, in the case Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department and Others (Civil Appeal Number 5010 of 2023), the Supreme Court of India stated that maternity benefits must be granted, even where they extend beyond the duration of a fixed-term employment contract.
  • It clarified that a woman employed on a fixed-term basis who meets the eligibility criteria for maternity benefit under the Maternity Benefit Act (MB Act) 1961 is, therefore, entitled to the whole 'maternity benefit,' even if the period of that benefit exceeds the duration of the employment contract.

European Agency for Safety and Health at Work published the (EU-OSHA) 2023-25 Healthy Workplaces Campaign.

October, 2023
  • The European Agency for Safety and Health at Work announced a new Healthy Workplaces Campaign for 2023-2025, which will be launched in October 2023, aiming to raise awareness of occupational safety and health in the digital age throughout Europe.
  • The campaign seeks to create a greater understanding of the digital-related occupational safety and health challenges and opportunities at work, promoting a culture of risk prevention.

Convention n. 190 on Violence and Harassment of the International Labour Organization entered into force in Mexico

October, 2023
  • On 6 July 2023, the ILO Convention n. 190 on Violence and Harassment entered into force in Mexico.
Newsletter August, 2023

The International Labour Organization (ILO) launched a new development cooperation project to promote employment for Rwanda's youth.

August, 2023
  • On 12 July 2023, ILO and Rwanda announced a new development cooperation project to boost decent jobs for youth in the digital economy.
  • The main goal is to enable more young women and men in Rwanda to access decent job in its digital economy.
  • The project has a duration of 4 years with a Eur 4 million budget allocation.
  • It is financially supported by the Directorate for Development Cooperation and Humanitarian Affairs of the Luxembourg Ministry of Foreign and European Affairs. 

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.

European Commission presented the European social dialogue committee for social services

August, 2023
  • On 10 July 2023, the Commission adopted a decision setting up the European social dialogue committee for social services. 
  • It will bring together European employers and trade union organizations of the sector, encompassing approximately 9 million workers throughout the European Union.
  • It will play a crucial role in shaping policies and fostering cooperation within the sector.

Netherlands: CO2 reduction from work-related mobility of persons was estabilished

August, 2023
  • The Environmental Planning Act, will come into effect on 1 January 2024.
  • It includes the reporting obligation for work-related mobility of persons, which is plan of the country’s agreement to reduce CO2 emissions.
  • As of 1 January 2024, organisations with 100 or more employees, who offer them a mobility facility (a financial allowance, reimbursement for public transport, or vehicle), are obliged to report on the business traffic and commuting.  Employers with less than 100 employees can report voluntarily.

Portugal: Decree-Law no. 53/2023 of 3 July regulates the Decent Work Agenda

August, 2023
  • On 3 July 2023, Decree-Law no. 53/2023 which regulates de Decent Work Agenda was published in the Official Gazette. 
  • Thee Decent Work Agenda, approved by Law no. 13/2023 of 3 April 2023,  provides measures to improve working conditions and the conciliation of employees' professional and family lives.
  • The Decree entered into force on 6 July 2023 and takes effect retroactively since 1 May 2023.

OECD Employment Outlook 2023: Artificial Intelligence and the Labour Market

August, 2023
  • On 11 July 2023, the Organisation for Economic Cooperation and Development (OECD) released the Employment Outlook 2023, which shows the latest labour market developments in OECD countries. 
  • It focuses on wage developments and the impact of artificial intelligence (AI) on the labour market (an OECD first-ever study in this area). 
  • Assuming an imminent technological revolution that could radically change the workplace, the report states that there are no signs of slowing labour demand, in the short-term, but possible changes in job quality and tasks.

Eramet creates a "Global Forum" with trade union organisations

August, 2023
  • On 5 July 2023, Eramet, a French multinational mining and metallurgy company announced the creation of a global employee representative body.
  • Eramet Global Forum will negotiate international agreements on social protection, quality of life at work, diversity, inclusion, and parenthood.

Singapore: the government agreed to open social dialogue towards a new legislative framework for platform workers.

August, 2023

Germany: Whistleblower Protection Act enters into force

August, 2023
  • The German Whistleblower Protection Act came into force on 2 July 2023.
  • It requires employers with more than 50 employees will have an obligation to have an internal reporting channel to which employees can report misconduct.
  • It transposes Directive (EU) 2019/1937 on protecting persons who report breaches of EU law (the Whistleblowing Directive).

UK: is unlawful to cover strikes with agency workers

August, 2023
  • On 13 July 2023, the High Court ruled that the Conduct of Employment Agencies and Employment Businesses Regulations 2022, which removed the ban to hire agency workers while workers were on strike , are unlawful.
  • The ruling will enter into force as from 10 August 2023.

HanmiGlobal announced a new welfare policy

August, 2023
  • South Korean construction management firm HanmiGlobal announced a new welfare policy which entails additional incentives for all workers expecting a child.
  • The company’s policy is aimed to boost Korean fertility rate, which is the world lowest since 2013.

California: High Court will decide if proposition 22 classifying on the independent nature of drivers is constitutional.

August, 2023
  • California's Supreme Court has agreed to review to the constitutionality of Proposition 22, a 2020 ballot measure that classified gig drivers as independent contractors.

Minimum wages in 2023: Annual review (an Eurofound research report)

August, 2023
  • On 29 June 2023, Eurofound published a new research report on Minimum Wages in 2023.
  • The report analyses gross statutory minimum wages valid in 2023 in a highly inflationary environment and maps wage levels in collective agreements for some low-paid workers in countries without a statutory minimum wage, comparing wage trends and longer-term trends in labor productivity.
  • It also examines the early impacts of the EU directive on adequate minimum wages.

International Labour Conference (ILC) 2023

August, 2023
  • The International Labour Organisation (ILO) held its 111th annual Conference in Geneva, from 5 to 16 June 2023. It closed with the adoption of a new recommendation on quality apprenticeships, and new resolutions on just transition and labour protection.
  • Around 5,000 delegates representing governments, workers, and employers from the ILO’s 187 Member States were accredited to the Conference. 
Newsletter June, 2023

ILO: Policy guidelines for the promotion of decent work in the agri-food sector adopted

June, 2023
  • Between 8 to 12 May 2023, a group of more than a hundred experts representing workers, governments, and employers worldwide met in Geneva to discuss decent work in the agri-food sector. 
  • On 12 May, the ILO sector guidelines were adopted.  
  • The Guidelines sets out common principles and the policy framework that should guide action to achieve decent work in the agri-food sector.

Belgium: New regulation on violence at work and psychological or sexual harassment at work

June, 2023
  • On 15 May 2023, a new regulation modifying the protection against retaliation of discrimination and violence, moral or sexual harassment at work was published in the Belgian State Gazette.
  • The new rules, required to comply with the relevant European directives, came into force on 1 June 2023. 

Mexico: New standard for telework safety and health conditions

June, 2023
  • On 8 June 2023, the Ministry of Labour and Social Welfare published the Official Mexican Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work (“NOM-037” or "Standard") in the Official Gazette of the Federation. 
  • NOM-037 states the health and safety conditions for employees teleworking across Mexico to prevent accidents and illnesses, as well as to promote a safe and healthy working environment.
  • It will enter into force 180 calendar days after its publication.

European Parliament adopted a resolution on strengthening social dialogue

June, 2023
  • On 1 June 2023, the European Parliament adopted a resolution on strengthening social dialogue.
  • It follows the European Commission’s announcement on 25 January 2023, of a review of the rules on the organisation of the European Sectoral Social Dialogue Committees.

Sierra Leone: Gender Equality and Women’s Empowerment Bill

June, 2023
  • In January 2023, President Julius Maada Bio of Sierra Leone signed into law the country's landmark Gender Equality and Women's Empowerment Act (GEWE)
  • The law is the most significant increase in women's political participation in the country's history and an excellent achievement for gender equality in Sierra Leone. 
  • Approval was possible because of the understanding that emancipated women would contribute economically to the family, the community, and the country.

New Zealand: Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023

June, 2023

European Union Member States: New framework agreement on cross-border teleworking in the field of social security

June, 2023
  • EU Member States have drawn up a new framework agreement to regulate cross-border teleworkers' social security position.
  • This agreement clarifies which conditions workers working in another Member State other than the one in which their employer’s premises can still be covered under the employer’s country social security system.
  • It enters into force from 1 July 2023, for a period of 5 years and shall be automatically extended each time for another 5 years.
  • To date, the Member States that have either signed the agreement, or have indicated they will sign, are Germany, Switzerland, Czech Republic, Liechtenstein, Belgium, Luxembourg, Austria, Slovakia, Ireland, Lithuania, Estonia, Norway, Malta, Portugal, and Poland.

USA: Equal Employment Opportunity Commission issued new guidance on the use of artificial intelligence in employment selection procedures

June, 2023

European Union Court of Justice (CJUE): Decision on the use of annual leave

June, 2023
  • On 8 June 2023, the Advocate General of the European Court of Justice (CJEU), in case C‑218/22, ruled that Member States may limit the monetisation of paid annual leave not taken at the end of the employment relationship. 
  • Member States may impose conditions on workers exercising the right to annual leave to encourage their actual use instead of their monetisation.
  • The preference for the actual taking off paid annual leave is justified by the institution's purpose, which is to allow the worker to rest from the performance of the tasks assigned to him under his employment contract and benefit from a period of relaxation and recreation.

Amazon introduces new flexible contracts

June, 2023
  • Amazon recently launched a new term-time contract to boost employees' flexibility, offering parents, grandparents, and guardians of school-age children the choice to work term-time only.  The contract guarantees employees’ time off during the summer, Easter and Christmas holidays to spend more time with their children.
  • Amazon also announced a new flexible part-time contract introduced following employee feedback.