On 31 May 2023, the German Federal Labour (Bundesarbeitsgericht) rejected the claim of a German agency worker. It confirmed that the German collective labour agreement aligns with the EU Directive on temporary agency work.
It follows the preliminary ruling of the European Court of Justice of 22 December 2022 case C-311/21.
A Beijing court ruling ordered an employer to compensate an employee for sending WeChat work messages after working hours.
This recent lawsuit, related to working overtime through the use of WeChat, opened a great discussion in China.
It is an important reminder that to establish a system of non-fixed working hours for an employee, the local labour administration requires written authorization.
On 12 June 2023, the EU Council agreed on the proposal for a Directive onimproving the working conditions in platform work and on a general approach. The proposal introduces two key improvements. It supports the determination of the correct employment status of digital platforms workers and establishes the first EU rules on the use of artificial intelligence in the workplace.
In its 11th edition, the Report highlights how international cooperation to strengthen employment and social protection can help address the growing disparities between high- and low-income countries.
On 15 May 2023, the United States District Court for the Southern District of New York granted preliminary proposal approval for one of the largest discrimination settlements in US history.
The lawsuit accuses Goldman of hindering women's career advancement, as the company's performance appraisal process allegedly favored men with promotions and higher salaries.
Goldman Sachs will pay $215 million to settle the class action lawsuit, covering approximately 2,800 females.
On 10 January 2023, the National Assembly of Ecuador passed the Organic Law to Promote the Violet Economy, aiming to achieve equal treatment and rights between men and women and to prevent and eradicate gender-based violence.
It came into effect on 20 January after its publication in the Official Register.
On 17 April 2023, UK Government published “Positive action in the workplace: guidance for employers,” explaining how employers can help people who share a particular protected characteristic to overcome specific barriers with positive actions without unfairly disadvantaging other groups as this could amount to an unlawful ‘positive discrimination.’
It covers all protected characteristics, including sex, sexual orientation, age, and ethnicity.
It is a part of the ongoing government’s inclusive strategy to support employers in creating opportunities for underrepresented groups within their workforce.
On 10 May 2023, social partners signed the V Agreement for Employment and Collective Bargaining (V Acuerdo para el Empleo y la Negociación Colectiva, AENC).
It was signed by all the trade unions CCOO and UGT and the employers' associations CEOE and CEPYME.
It aims to enrich the content of collective bargaining and adapt it to the changes and realities in the labour market, as well as to address content that contributes to tackling structural problems such as inequality between women and men or preserving the health and safety of workers.
On 10 May 2023, the Senate approved the Bill drafted by the Executive, amending the provisions of Act 18.566 on collective bargaining in line with ILO recommendations.
On 13 March 2023, the Ontario Government announced a proposal to the Employment Standards Act, 2000 (ESA) and related regulations that would entitle remote employees to termination notices in case of a mass termination.
On 12 April 2023, Eurofound published a new research paper on the impact of climate change and policies to manage the transition to a carbon-neutral economy on employment, working conditions, social dialogue, and living conditions.
It also identifies the opportunities and risks climate change policies bring to European labour markets.
On 1 May 2023, the U.S. Department of Labour announced that its Occupational Safety and Health Administration (OSHA) launched a new National Emphasis Program (NEP) to reduce or eliminate injuries and fatalities associated with falls while working at heights in all industries.
The NEP became effective immediately, and it applies to all industries.
It aims to achieve its goals through enforcement (including hazard-based inspection targeting and optional locally-generated programmed targeting in construction), outreach to employers, and compliance assistance.
On 13 April 2023, the Labour Court of San José stated that an employment relationship existed between Uber and a driver who provided his services for Uber from February 2017 to December 2022.
Uber has to pay the driver the corresponding sums for vacations, Christmas bonuses, and social security during employment.
The judge rejected the driver's claim on the right to overtime compensation, as Uber did not impose the hours, which were decided by the driver.
On 20 April 2023, the global insurance Generali Group, together with the unions First-Cisl, Fisac-Cgil, Uilca, FNA, and SNFIA, signed an agreement on hybrid working to "unlock our people potential, boost the business strategy ambition and deliver benefits to all the stakeholder involved."
It is the renewal of the so-called 'Next Normal' agreement of 27 July 2021 - which expired on 31 March last and was extended until 30 April next year - combining the needs of a different way of working with those of a concrete reconciliation of life and work time.
The new agreement version pays special attention to inclusiveness, remodeling smart working for caregivers, and the right of disconnection.
Last March, the South Australian district court rendered the first decision under Australia's whistleblowing laws, stating that a former civil servant could not be protected for alleged wrongdoing while collecting evidence to support his revelations about the Australian Taxation Office's unethical and aggressive pursuit of debts.
The judgment that caused considerable debate in the country is based on the Court's narrow interpretation of the scope of whistleblower protections, which would apply only to whistleblowing and not to the preceding preparatory conduct.
On 17 March 2023, the Irish Labour Court overturned a €7,500 award to a former Aldi employee dismissed for gross misconduct, as he had taken products without paying for them from the employer's store on seven different dates from 25 November 2020 to 14 January 2021.
On 5 April 2023, the European Commission published the 2022 annual report on intra-EU labour mobility, which identifies trends in the free movement of workers.
The 2022 edition focuses on cross-border workers in the EU and EFTA, on the one hand, and mobility of persons with specific occupations.
On 28 April 2023, the ILO published a new report on the global implementation status of some key provisions in the fundamental Conventions No. 155 and 187.
The publication took place on the World Day for Safety and Health at Work 2023, celebrating the decision to include a safe and healthy work environment in the ILO Fundamental Principles and Rights framework.
It shows that, even if progress has been made, the health and safety of numerous workers worldwide are still at risk due to a lack of appropriate occupational safety and health (OSH) action in several crucial areas. It is essential to address the issue of the suffering caused for workers and their families, and the associated economic costs are colossal for enterprises and countries.
There is a growing trend that implies that mental health be discussed alongside labour and employment regulation.
In Mexico, for example, the secretary/department of labour is competent to perform audits on working conditions and fine employers when the mental stability or mental health of employees is compromised by certain situations. Furthermore, employers with more than 50 employees are required to perform tests regarding employment conditions and their impact on the mental stability of employees (known as NOM 035). This trend has several implications, only two of which we will touch upon.
On 30 October 2022, the National People's Congress of the People's Republic of China adopted the revised Law on the Protection of Women's Rights and Interests.
Initially passed in 1992, the updated legislation came into force on 1 January 2023.
On 13 January 2023, Beijing Human Resources and Social Security Administration implemented the revised Law regulating the administrative punishments from human resources and social security departments in the new "Punishment Benchmark Table."
It has significantly increased the punishment for employers' gender discrimination compared to 2022.
On 22 February 2023, The European social partners in the metalworking sector (Ceemet and IndustriAll Europe) adopted joint conclusions to guide the social partners in the metal, engineering, and technology industries on “Artificial Intelligence in the MET industries.”
They published the joint conclusions in view of their social dialogue meeting on competitiveness and employment on 15 March 2023, aiming to set out guidelines for approaching AI in the workplace.
On 21 February 2023, Spain published in the Official State Journal Law 2/2023 on protecting persons who report breaches of law and combating corruption.
It entered into force on 13 March, transposing Directive (EU) 2019/1937 of 23 October 2019, known as the Whistleblowing Directive.
On 16 March 2023, the government presented to Congress a labour reform bill, described as an ambitious project to improve the conditions and income of workers.
The bill is part of a raft of reforms: it followed the major tax reform last year, and the pension system reform is expected soon.
Both lawmakers and the Constitutional Court must approve it.
Last September, Law No. 14.457/2022 introduced the “Employ + Women Program,” which sets forth a series of measures to promote the employment placement and retention of women in the labour market and actions to prevent and combat sexual harassment and other forms of violence in the workplace.
It also included the employer’s obligation to constitute a CIPA (now called “Internal Committee for Accident Prevention and Harassment”).
On 28 March 2023, Eurofound published a new research report showing how many countries have addressed labour shortages through more robust labour market policies and education and training measures focused on the skills and occupations demanded in the labour market.
The National Labor Relations Board (NLRB ) recently held, in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) with severance agreements containing overly broad non-disparagement and confidentiality of agreement clauses with employees.
The decision states that offering employees such kind of agreement restricts their ability to exercise their rights to self-organisation, join labour organizations, and engage in "other concerted activities" to improve the workplace.
On 23 March 2023, the NLRB General Counsel issued a memorandum (Memorandum GC 23-05) to guide the issue, taking an expansive view of the decision.
On 24 March 2023, the long-awaited decision in the Deliveroo case in the Netherlands was published, upholding an earlier decision by the Amsterdam Court of Appeal that Deliveroo riders qualify as employees.
The Supreme Court confirmed that between Deliveroo and its riders, there is not an agreement for services but an employment agreement.
On 14 February 2024, the European Court of Human Rights clarified the criteria for assessing whether disclosure of confidential information obtained in the workplace is protected by freedom of expression under Article 10 of the European Convention of Human Rights (ECHR).
It stated that the State that convicts a former employee of an auditing firm for disclosing confidential information obtained in the workplace violates Article 10 of the ECHR on freedom of expression if that information is of particular interest to the public.
On 16 March 2023, the General Confederation of Labor (GCL) and the Argentine Industrial Union (AIU) signed an agreement to modify specific obligations of Decree 144/22 regarding company childcare services.
On 23 March 2023, The Governing Body (GB) of the International Labour Organization (ILO) concluded its 347th session.
This particularly challenging session included topic issues for the world of work, from decent work in the platform economy and supply chains to the Russian aggression against Ukraine and the situations in Myanmar, Belarus, and Venezuela.
On 30 March 2023, the European Union Parliament adopted the Pay Transparency Directive, approving the legislative proposal of the European Commission based on equal pay for equal work or work of equal value between men and women.
The Council will have to formally approve the agreement before the text is signed into law and published in the EU Official Journal, and the new provisions will come into force twenty days after their publication.
French unions and employers have agreed on a draft collective agreement on value sharing that facilitates profit-sharing, incentive schemes, and tax-free bonuses in all companies.
The agreement will be included in an employment bill which the government is expected to present in spring 2023.
The European Whistleblowing Directive has recently been transposed in the Netherlands with the Whistleblowers Protection Act, and in Italy, with Legislative Decree No. 24 of 10 March 2023.
On 3 March 2023, the Federal District Court of Puerto Rico ruled that Puerto Rico Act No. 41 of 20 June 2022 (Act No. 41) was approved in violation of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
It also stated that changes to local employment statutes provided by the Act are null and void ab initio.
On 7 march 2023, the EU Council presidency and European Parliament negotiators concluded a political agreement on a European Year of Skills from 9 May 2023 until 8 May 2024.
The European Commission welcomed the agreement, now subject to formal approval by the European Parliament and the Council.
ILO recently launched two new instruments to support member states and social partners in developing, formulating, implementing, financing, and reviewing employment policies in line with current and future challenges at both global and national levels.
International News
Social Dialogue
Labour Laws and Regulations
Court Decisions
Policy Responses and Strategies
Private Sector Contribution