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Newsletter March, 2023

Australia: Workplace Gender Equality Agency (WGEA) published a new report

March, 2023
  • On 23 February 2023, the Australian Workplace Gender Equality Agency reported that the national gender pay gap has dropped to 13.3% and, according to the Australian Bureau of Statistics (ABS), women earn, on average, 87 cents for every $1 made by a man.

European Union Court of Justice: a decision on daily and weekly rest

March, 2023
  • On 2 march 2023, the European Union Court of Justice, in Case C-477/21, stated that daily rest is additional to weekly rest, even when it directly precedes the latter and even when national legislation grants workers a period of weekly rest greater than that required by EU law.

South Africa: New minimum wage and the earnings threshold

March, 2023
  • The Minister of Employment and Labour, effective from 1 March 2023, increased the minimum earnings threshold of ZAR 241110.59 per annum and the national minimum wage of ZAR 25.42 per hour worked. 
  • They increased, respectively, by 7.6 and 9.6 per cent. 

Sodexo launched a new benefits programme for all its employees

March, 2023
  • Sodexo is launching a new employee benefits programme, Vita by Sodexo, to retain talent and avoid resignations. 
  • It provides all its eligible employees across the globe with a minimum benefits package of Parental and Care Leave, Life Insurance Benefits, and an Assistance phone line.
  • The programme will apply to Sodexo employees in the 53 countries where the company operates, although the platform providing the benefits will be introduced gradually.

Nigeria: a decision on discrimination in the workplace

March, 2023
  • On 11 January 2023, the National Industrial Court of Nigeria ("NICN") repealed a discriminatory law, thus demonstrating the attention and commitment to achieving gender equity.
  • In the case Omolola Olajide v. The Nigerian Police Force & 2 others (unreported Suit No: NICN/AK/14/2021), the Court stated the unlawfulness of a dismissal of an unmarried pregnant woman because it was based on a law that the Court annulled as discriminatory. 

Spain: new law on menstrual sick leave

March, 2023
  • On 20 February 2023, the Spanish Parliament approved modifications to the law on sexual and reproductive health and abortion. The new law - passed by 185 votes in favour to 154 against - includes a new regulation on sick leave due to 'secondary incapacitating menstruation, becoming the first country in Europe to advance such legislation.

Teleworking through the gender looking glass: facts and gaps (an OECD report)

March, 2023
  • On 13 February 2023, the Organisation for Economic Co-operation and Development (OECD) published a new report that measures the effects of teleworking on work-life balance, pay, and career advancement from a gender perspective, showing mixed results. 
  • It reveals that prevailing gender norms are likely to mediate the effect of teleworking on all three outcomes and should be a focus of future research.

World Employment and Social Outlook 2023: The value of essential work (an ILO report)

March, 2023
  • On 15 March 2023, the International Labour Organization (ILO) published a new report on key workers – who played a vital role during the COVID-19 pandemic – and their relevance in the daily functioning of economies, examining their working conditions, wages, and the challenges they face.
Newsletter February, 2023

Teleperformance and UNI Global Union signed a global agreement on social responsibility

February, 2023
  • On 1 December 2022, Teleperformance and UNI Global Union signed a global agreement with commitments on freedom of association, health and safety, content moderation, and positive relations. 
  • The agreement covers the company’s 440,000 employees in 88 countries worldwide.

Australia: the National Heavy Vehicle Regulator released guidance on mental health

February, 2023
  • The National Heavy Vehicle Regulator (NHVR) has released advice on mental health and well-being in the heavy vehicle transport industry. 
  • It is relevant for all parties in the chain of responsibility (CoR), especially employers, and outlines practical steps to increase awareness of these and create a mentally healthy workplace.

Chile: Senate Labour Committee approved a bill to reduce working hours

February, 2023
  • On 25 January 2023, the Senate Labour Commission approved the Bill to reduce the working day to 40 hours in the second constitutional process.
  • The Bill still has to be debated in the Chamber of Deputies.

Finland: “Evaluation of Active Labour Market Policies in Finland” (a OECD report)

February, 2023
  • On February 2023, the Organization for Economic Co-operation and Development (OECD) released a report assessing the framework for the impact evaluation of active labour market policies (ALMPs) in Finland.
  • It covers the whole cycle of evidence-based policymaking from strategy and planning of evaluations, resources, data collection, and evaluation methodologies to disseminating evidence and uses in policymaking.
  • technical report accompanies the report on evaluation results.

European Union Court of Justice: a decision on discrimination on grounds of sexual orientation

February, 2023
  • On 12 January 2023, the European Court of Justice ruled on equal treatment in employment and occupation concerning sexual orientation.
  • It stated that a refusal, based on the sexual orientation of the person concerned, to conclude or renew a contract with that person for the provision of certain services by that person in the context of a self-employed activity is contrary to the Employment Equality Directive (2000/78/EC).

Pakistan: New International Accord workplace safety programme

February, 2023
  • Following the International Accord for Health and Safety in the Textile and Garment Industry, effective September 2021, the signatories agreed to establish a comprehensive workplace health and safety programme in Pakistan.
  • The agreement, which expires on 31 December 2025, covers signatories’ garment and textile suppliers in a country with crucial importance as a garment and textile sourcing for the Accord brands.

European Sectoral Social Partners ask for a review of the rules on the financing of the European Sectoral Social Dialogue Committees.

February, 2023
  • 32 European Sectoral Social Partners organisations, on 8 February 2023, in a joint letter to the European Commission, expressed serious concerns regarding the review of the rules on financing the European Sectoral Social Dialogue Committees.

Viseo implements a total flexibility for its employees

February, 2023
  • Since December 2022, employees in Viseo can define their place of work, either face-to-face or remotely (at VISEO or clients' premises), according to their operational and personal constraints, without any imposed limit of days.

France: signed an agreement between French ride-hailing platforms and drivers’ organisations

February, 2023
  • On 18 January 2023, a first agreement in the sector of ride-share platforms (Voiture de Transport avec Chauffeur or VTCs in French) was signed, setting out a minimum income per trip at EUR 7.65 net from 1 February 2023.
  • It provides a 27 per cent increase over the lowest rate on the market, “regardless of the application used. 

European Union Court of Justice: the employer must bear the cost of the vision devices purchased by the employees using the display screen

February, 2023
  • On 22 December 2022, the European Court of Justice ruled that the employer must bear the cost of the vision devices purchased by its employees using video display screens, either through reimbursement of the expenses incurred or through the direct supply of lenses or spectacles.

Denmark: decisions on the employer's duty to take measures to adapt work to employees with disabilities

February, 2023
  • On 25 January 2023, the Dismissal Board declared the legitimacy of dismissing a disabled employee with 45 years of seniority because the employee could no longer perform his job due to his disability. 

USA: New Jersey Governor Phil Murphy (D) signed into law the “Temporary Worker Bill of Rights

February, 2023
  • On 6 February 2023, New Jersey Governor signed into law Assembly Bill No. A1474 / S511,1, known as the "Temporary Worker Bill of Rights," concerns the employment and protection of temporary labourers.
  • It aims to eliminate pay disparities and increase oversight of temporary staffing agencies.

Social partners agreed on MENA Leadership Programme on the Just Transition

February, 2023
  • Last January, workers, employers, and government representatives from the region met online for the Middle East and North Africa (MENA) Leadership Programme on the Just Transition to discuss the latest research, knowledge, and insights and to share best practices in shaping a just transition to a green future of work.

Paying attention: A Report on Agency Work and Wages (an Adecco report)

February, 2023
  • In a  new report, Adecco, in collaboration with Ius Laboris, analysed the wages of Adecco associates from 17 countries compared to national minimum wages.
  • It shows that agency work can be a model for the flexibility workers and businesses look for in this digital age of rapid economic change, allowing agency workers to make a decent living.
  • The paper also looks into the concept of wage and wage setting more generally in these times of inflation.

World Employment and Social Outlook: Trends 2023 (an ILO report)

February, 2023
  • On 16 January 2023, the International Labour Organisation (ILO) launched the new flagship report on the impact of the economic slowdown on the global labour market, providing a comprehensive overview in light of various crises and international conflicts.
  • It shows that the current situation is likely to force more workers to accept lower quality, poorly paid jobs which lack job security and social protection, so accentuating inequalities exacerbated by the COVID-19 crisis.
Newsletter January, 2023

Ford Motor Company launches a job-sharing tool in Europe

January, 2023
  • Ford Motor Company has launched the JobShare Connect app in Europe to help employees find potential partners for job shares.
  • Employees now have the opportunity to find someone to share their job with – either internally or externally – by using a web-based matchmaking tool, creating a profile, searching for suitable colleagues, and then contacting potential partners.

Israel: Privacy Protection Authority published draft guidance on the privacy-related aspects of monitoring remote workers.

January, 2023
  • The Israeli Privacy Protection Authority presented its draft guidance on the privacy aspects of monitoring remote work, offering clarifications and recommendations for the conduct of organisations on this issue.

UAE: Ministerial Resolution on the procedures dealing with workplace injuries

January, 2023
  • The Ministry of Human Resources and Emiratisation issued Ministerial Resolution No. 657, setting out that workplace injuries and illnesses must now be reported in the United Arab Emirates (UAE).
  • The resolution sets out the means and obligations of employers to report work-related illnesses and injuries and avoid disciplinary action to ensure workers' safety.

Luxembourg: Decision on unreported sexual harassment

January, 2023
  • The Luxembourg Court of Appeal clarified the employers' obligations regarding sexual harassment within their organisation.
  • The Court stated that the employer’s obligation to act and stop sexual harassment could only be validly implemented once the employee has made a precise report on the alleged acts, which is up to the employee to prove.

European Court of human rights: Decision on the use of data collected by the GPS system installed in a vehicle used for work purposes

January, 2023
  • In Gramaxo v. Portugal judgment (no. 26968/1616), on 15 December 2022, the European Court of Human Rights established that it is legitimate the dismissal decided by the employer based on data collected by a GPS system installed on a vehicle used for work, to track the kilometres travelled. 
  • It is the first time the Court ruled on a case of surveillance at work through a geolocation system, setting out the criteria to ensure the correct balance between the rights of the employee and the employer and the possibility of using the data collected in the process.

Indonesia: Government regulation in lieu of Law No. 2 Year 2022 replaces Job Creation Law

January, 2023

Hungary: amendments to the Labour Code

January, 2023
  • On 21 December 2022, Act LXXIV, which includes the amendment of Act I of 2012 on the Hungarian Labour Code, effective as of 1 January 2023, was published.
  • The official purpose was to harmonise Hungarian legislation with EU legislation. Still, it became a broader reform than just the transposition of the Directives on work-life balance and predictable working conditions.  

France: Published the new law on the functioning of the labour market

January, 2023

USA: Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (or PUMP) for Nursing Mothers Act

January, 2023
  • On 22 December 2022, Congress passed, with bipartisan support, the 2023 omnibus government funding bill, which includes the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).
  • The new legislation, signed by President Biden on 29 December, clarifies the rights and treatment of working mothers that historically were regulated under multiple statutes, regulations, and court decisions.

Outcomes from the meeting of the Social Dialogue for Formalization and Employability in the Southern Neighbourhood Region Project

January, 2023
  • On 28-29 November 2022, in Algiers, in collaboration with the Algerian Ministry of Labour, Employment and Social Security, took place the first regional meeting of the Social Dialogue for Formalization and Employability in the Southern Neighbourhood Region (SOLIFEM) Project. 
  • Constituents from Algeria, Egypt, Lebanon, and the Occupied Palestinian Territories (OPT) discussed with International Labour Organization (ILO) experts, the International Organisation of Employers (IOE), and the International Trade Union Confederation (ITUC) the achievements of the SOLIFEM project in the inception phase and re-affirmed the importance of social dialogue as a path towards formalisation and decent work for youth in the Middle East and North Africa region. 

Greening Enterprises: Transforming processes and workplaces (a ILO report)

January, 2023
  • On 14 November 2022, ILO published a report on the transition of enterprises, considering them not only in terms of how goods and services are produced but also as a workplace.
  • The report highlights how to help enterprises and workplaces become green and productive in environmentally sustainable ways, identifying s a range of measures and giving workers a role in the process. 
  • It shows that the greening of workplaces is an increasingly important element of the greening of enterprises.

The rise in telework: Impact on working conditions and regulations (an Eurofound report)

January, 2023
  • On 8 December 2022, Eurofound published a new report on telework during the Covid-19 pandemic in 2020 and 2021.
  • It analyses changes in working conditions experienced by employees and regulations, addressing issues related to this working arrangement, shaping the future of remote working, and identifying challenges and opportunities for the future.

European Parliament adopted its position on the Platform Work proposal

January, 2023
  • Last December, the European Parliament voted on measures to improve conditions for workers on digital labour platforms, particularly on their employment status and automated systems monitoring their work.
  • The text, adopted with 41 votes to 12, will constitute a negotiating mandate and be subject to trialogue negotiations in 2023.

Working time and work-life balance around the world (an ILO report)

January, 2023
  • On 6 January 2023, the International Labour Organization (ILO) released the new report, Working Time and Work-Life Balance Around the World, providing a comprehensive review of working hours and working time arrangements and their effects on workers' work-life balance.
  • It is the first-ever ILO global report on working time.

Prism signed an agreement on the forward-looking management of jobs and skills

January, 2023
  • On 7 October 2022, Prism'emploi adopted an agreement for its permanent employees on the management of jobs and skills (gestion prévisionnelle des emplois et des compétences,GPEC).

Wipro Limited reached an agreement with employee representatives on setting up a European Works Council

January, 2023
  • On 16 November 2022, Wipro Limited announced the agreement with employee representatives on setting up a European Works Council (EWC), becoming the first Indian company to set up European works councils for its workers in Europe.
  • The agreement was successfully negotiated with employee representatives from 13 different countries and was formally signed on 15 September 2022.

Uganda: Federation of Uganda Employers (FUE) launched a new report, “The Next Normal: The Changing Workplace in Uganda”

January, 2023
  • On November 2022, the Federation of Uganda Employers, in partnership with the ILO, launched a new Report that looked at the impact of Covid -19 on Ugandan workplaces.
  • The research study, based on a survey that covered a wide crosssection of enterprises in many sectors, aimed to understand better the effects of Covid and the plans of enterprises. 
  • It shows that many enterprises have had to significantly alter their operations and production processes, human resource strategies, work modalities, and many other aspects of their enterprises, but also that Covid-19 created a range of new opportunities and challenges for the human resources side of a business.