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Newsletter October, 2022

A new ILO paper on the importance of pay transparency legislation

October, 2022
Newsletter September, 2022

France: La Poste group launches its Data and AI School

September, 2022
  • In 2022, La Poste created a data and artificial intelligence (AI) division that combines the knowledge of 400 experts in data and AI and constitutes one of the five main players in the sector in France.
  • Considering the growing shortage of candidates trained in these professions, La Poste recently launched its Data and AI School, based on two values: ethics and inclusion.

China: Government strictly prohibits COVID-based job discrimination

September, 2022
  • On 1 August 2022, an urgent notice, jointly released by the Ministry of Human Resources and Social Security and the National Health Commission, prohibits any prejudice and discrimination against recovered COVID-19 patients in the job market.

Scotland: Free access to a mental health at work platform for employers

September, 2022
  • Scottish Government launched a free online platform, Supporting a mentally healthy workplace, aiming to support employers to boost mental health in the workplace post-pandemic and to implement a culture of well-being at work.
  • It is available for employers from 11 August 2022.

Luxembourg: Assistance to employers impacted by energy crisis

September, 2022
  • On 23 August 2022, the Comité de conjuncture (Economic Committee) examined possible solutions for businesses affected by gas shortages to save employment.
  • The Minister of Labour, Employment and the Social and Solidarity Economy, the Minister of the Economy and the social partners agreed to allow employers, whose activities will be impacted by a restriction imposed by the government on their gas consumption, to resort to partial unemployment.

Chile: Government to ratify ILO Convention against violence and harassment at work

September, 2022
  • On 29 August 2022, the Chilean government announced it would ratify ILO Convention n. 190 on eliminating violence and harassment in the world of work, aiming to address equality and non-discrimination in the workplace. 
  • Chile thus becomes the 21st country to ratify the convention since its entry into force on 25 June 2021.

California: A decision on workplace seating requirement

September, 2022
  • On 19 July 2022, in the case Meda v. AutoZone, a Los Angeles-based California Court of Appeal set some guidance on how employers may comply with the State’s workplace seating requirement. 
  • This decision stresses that whether the employer has “provided” a seat to employees raises a question requiring consideration of a variety of factors, such as distance from the seat to the workstation, employer notice that seats may be used and how often employees use them.

Singapore: High Court’s ruling on employer liability for workplace safety offences

September, 2022

Belgium: Personal health information cannot be disclosed during HR-meeting on dismissal

September, 2022
  • On 19 July 2022, the Belgian Data Protection Authority (DPA) stated that communicating an employee’s sensitive health data to other employees without their specific consent and including this data in a minute of a meeting is a violation of the General Data Protection Regulation (GDPR).

Malaysia: Amendments to the Employment Act 1955 go into force

September, 2022
  • The Employment (Amendment Bill) 2021 introduced wide-ranging amendments to the employment legislation.
  • On 12 August 2022, a Ministerial Order amended the First Schedule to the Employment Act 1955 (EA) effective from 1 September 2022.

Norway: Amendments to regulations on working from home

September, 2022
  • Effective from 1 July 2022, the Norwegian Government amended the regulations on working from home, adopted in 2002, aiming to adjust it to modern working life and to make it easier for employers to manage employees who work from home.

OECD Employment Outlook 2022

September, 2022
  • On 9 September 2022, OECD released its annual Employment Outlook report, Building Back More Inclusive Labour Markets, with the latest data and analysis of the impact on employment of the Covid-19 crisis and Russia’s aggression against Ukraine.
  • It reviews the key labour market and social challenges for a more inclusive post-COVID‑19 recovery and examines the policies to address these and future challenges.

 

 

 

Puerto Rico: Amendments to the Labour Transformation and Flexibility Act

September, 2022
  • On 20 June 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (the Act), amending and partially repealing the Labour Transformation and Flexibility Act (LTFA),
  • It aims to reincorporate statutory benefits and employee rights that were eliminated by LTFA, in many cases reversing the changes it had introduced.

EU Social partners signed a joint statement on green and digital transition of the EU Textiles Ecosystem

September, 2022
  • On 4 July 2022, employers’ and workers’ representatives for the European textiles, clothing, leather, and footwear (TCLF)sectors, CECCotanceEuratex and industriAll Europe met with the European Commission to discuss how to ensure a successful green and digital transition of the EU Textiles Ecosystem.
  • They adopted a joint statement with clear common demands to ensure that the textiles ecosystem can become more resilient, sustainable and digital.   

European Parliament: New resolution on mental health in the digital world of work

September, 2022
  • On 5 July 2022, with 501 votes in favour, 47 against and 85 abstentions, the European Parliament adopted a resolution on mental health in the digital world of work.
  • It calls on the EU institutions and the Member States to recognise the high levels of work-related mental health problems across the EU and to strongly commit to actions to prevent mental health problems, protect mental health and a healthy work-life balance and reinforce social protection rights in the workplace.

Latest WEC report assesses strategies to reduce labour and skills shortages in Europe

September, 2022
  • The new Strategic Issue Paper from the World Employment Confederation (WEC) -Europe, released last August, focuses on the main factors behind the current labour shortages, a growing phenomenon and concern for employers and policymakers across Europe.
  • It follows the Global Labour Shortage Briefing, published by WEC in the second quarter of 2022, that stressed how job vacancy rates continue to rise in 2022, and in many countries, the numbers are the highest that they have ever been.
Newsletter July, 2022

Workplace absenteeism: a rapidly growing phenomenon

July, 2022
  • According to the latest data, absenteeism at work is a phenomenon that has been growing enormously in recent times especially after the pandemic and can have a significant impact on business.

“Diversity and inclusion in organisations: the skills-related challenges of a cultural transformation” (a Cegos International survey)

July, 2022
  • A report by the Cegos Observatory of April 2022 shows that diversity & inclusion (D&I) policy remains a key challenge for HR managers (HRMs).

South Korea proposes a flexible hours system

July, 2022
  • On 23 June 2022, the Ministry of Employment and Labour released a series of proposals to the working hour and the wage system in South Korea, aiming to give to give employers and workers more flexibility post-covid.
  • Among the proposed measures there is a plan to increase the period for calculating overtime under a so-called flexible working hours system.

Spain publishes guidance on the use of algorithms in the workplace

July, 2022
  • On 10 June 2022, the Spanish Ministry of Employment and Social Security published guidelines on “Algorithmic data in a labor environment,”.
  • They set out the main obligations companies must comply with when using automated decision-making systems and algorithms in the workplace.

Taiwan: a decision on employment or independent contractor relationship of a delivery person

July, 2022
  • On 17 March 2022, the Taipei High Administrative Court, in 109-Su-1046 Decision,  stated the employment relationship between a digital delivery platform and a delivery persons.

Canada: dismissal undegrounds of Workplace Sexual Harassment

July, 2022
  • The Court of Appeal for Ontario upheld a termination for cause for slapping a colleague’s buttocks and later joked about it.
  • The decision clears the difference between common law “just cause” and statutory “wilful misconduct", stating that the employee was entitled to receive statutory termination payments.

Japan: an antitrust case with an impact on algorithms used by the companies

July, 2022
  • The Tokyo District Court rulled that a restaurant review platform's unilateral change to its rankings algorithm violated the Japanese antitrust law that prohibits abuse of "superior bargaining power."
  • The decision shows that, even if Big Tech groups have long argued that their algorithms should be considered trade secrets in all circumstances, courts and regulators across the world have begun to challenge that position.

USA: Florida adopts the Stop WOKE Act

July, 2022
  • On 22 April 2022, Florida Governor, Ron DeSantis, signed the “Stop WOKE” Act (HB 7) - as an acronym for “Stop the Wrongs to our Kids and Employees - into law.
  • It came into force on 1 July 2022.

Germany: a new law implements the Working Conditions Directive

July, 2022
  • On 23 June 2022, the German parliament passed a bill to implement the Working Conditions Directive (EU) 2019/1152 into German law. 
  • The German Bundestag passed the draft law (BT-Drs. 20/163620/2245) in the committee version (20/2392). If Bundesrat passes it without any objections, the new law will come into force as of 1 August 2022. 

Netherlands: New legislation on remote work

July, 2022
  • On 05 July 2022 the Dutch House of Representatives (Tweede Kamer) approved a bill that estabilishes home working as a legal right, making the Netherlands one of the first countries to grant remote working flexibility by law.
  • The bill needs the approval from the Dutch senate before its final adoption.

European social partners agree to revise 2002 framework agreement on telework

July, 2022
  • On 28 June 2022, the European social partners signed a work programme 2022-24, that includes the negotiation of a legally binding agreement on ‘Telework and right to disconnect’.

European Commission welcomes Member States’ targets for a more social Europe

July, 2022
  • On 17 June 2022, EU employment and social affairs ministers presented their national targets to deliver on the European Pillar of Social Rights Action Plan by 2030, aiming to reach the three EU headline targets for employment, skills and poverty reduction.

Staffing Executive Regulatory Outlook 2022

July, 2022
  • The last edition of the Staffing Executive Regulatory Outlook (SERO) presents the result of a survey to executives of staffing national federations around the world on the probability and potential impact of regulatory changes in the industry within the next six months.
  • In India, Italy and Mexico, the provisions are that regulation changes for staffing industry will have an overall strong and positive impact on the sector, while Belgium, Norway, Germany and Sweden are expected to have the most negative impact.

G7: new commitments on gender equality, inflation, climate change and support for a just transition to a sustainable and inclusive future

July, 2022
  • On 26 June 2022, G7 Leaders, at the end of their annual Summit, confirmed their commitment to addressing global challenges as growing inequity, achieving gender equality, the rising cost of living, climate change, pandemic preparedness and the need for a just transition to a sustainable and inclusive future.
Newsletter June, 2022

Ireland: gender pay gap reporting regulations published

June, 2022

Uganda: do employers need a reason to terminate an employee?

June, 2022
  • In the recent case of Bank of Uganda v Joseph Kibuuka, the Ugandan Court of Appeal has re-affirmed employers’ right to terminate an employee without reason by either giving notice or payment in lieu of notice.
  • Later, the Industrial Court, in the case of Asiimwe Apollo v Law Development Centre,stated that employers must give reasons before an employment contract is terminated.
  • The different treatment depends on the nature of the termination.  In a disciplinary dismissal a reason has to be given, while this is not necessary where the employer’s decision is related to a need for restructuring.

Singapore: a decision on duties and obligations during employment investigations

June, 2022
  • In Dong Wei v Shell Trading (Pte) Ltd and anor [2022], the Appellate Division of the Singapore High Court (SGHC(A)) provided guidance on the scope of an employer’s obligations to an employee who was the subject of internal investigations for wrongdoing.
  • It states that an employer, although he does not find it meaningful or productive to disclose the outcome of an investigation to an employee, should consider to do it in the interest of the employee.

China: the termination for Employee’s not reporting cross-provincial trip is legitimate

June, 2022
  • Shanghai Yangpu District People’s Court stated that the dismissal of an employee who omitted to report a cross provincial trip against company’s health policy was lawful.

Enhancing social dialogue towards a culture of safety and health (an ILO report)

June, 2022
  • On 28 April 2022, ILO published a new report on the importance of an effective collaboration between social partners in preventing occupational accidents and diseases.
  • Starting with the lesson learnt from the pandemic, it calls for the promotion of a preventative culture on Occupational Safety and Health (OSH) based on participation and social dialogue.

UK: GMB Union and Deliveroo signed a Voluntary Partnership Agreement

June, 2022
  • Last May, GMB Union (General, Municipal, Boilermakers' and Allied Trade Union (GMBATU, than shortened to GMB), and Deliveroo have signed an historic union recognition deal covering the company's more than 90,000 self-employed riders.

World Employment Conference 2022

June, 2022
  • The World Employment Conference 2022 took place on 31st May in Brussels.
  • Participants got the opportunity to exchange opinion about the gap between workers' and employers' expectations, which was the announced main theme of the conference.

ILO Conference 2022: outcomes and resolutions

June, 2022

Netherlands: Transparent and Predictable Employment Conditions Bill passed

June, 2022

France: Supreme Court confirms the validity of the compensation scale for dismissed employees

June, 2022
  • The Supreme Court, in two judgments (n°21-14.490 and n°21-15.247) of 11 May 2022 ruled that the so called 'Macron scale' - used to calculate compensation for unfairly dismissed employees – is compatible with the International Labour Organization Convention on Termination of Employment No. 158.