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Labour Laws and Regulations
Newsletter September, 2020

Cross-border employees: the exception to the European regulation is extended

September, 2020
  • European regulation on the 25% limit of telework in the country of residence for cross-border workers was suspended by agreements among neighbouring European countries 

Italy: novelties in the extension of fixed-term contracts

September, 2020
  • The Italian government extended the ability for employers to use fixed-term contracts.  
  • The change increased the ability to renew fixed-term contracts and increased the maximum duration of working on a fixed term contract.  
  • The changes applies to fixed-term contracts concluded by employers and employment agencies alike. 

Italy and Spain: Unemployment benefits may coexist with a fixed-term job in agriculture

September, 2020
  • Restrictions to the movement of seasonal workers and the situation of unemployed workers pushed governments to ease the hiring of workers in agriculture, even if already receiving unemployment benefits. 

Germany legislation on funds for training during the short-time work scheme duration

September, 2020
  • A draft legislation is under discussion to support investments in training during the operation of  the short time work scheme. 

A Swiss referendum introduced paternity leave

September, 2020
  • As of 2021, a paternity leave of ten days to be taken within six months after the birth of a child will be introduced.  
  • The Swiss citizens supported the introduction of this measure by 60.3%. 

Qatar adopts new laws on mobility of migrant workers and the establishment of a minimum wage

September, 2020
  • The regulatory change abolishes the Kafala system and introduced a minimum wage that covers all workers including migrants  
  • These reforms are in line with the Qatar National Vision 2030, a governmental programme aimed at modernising the country’s labour market. 
Newsletter August, 2020

New Law on licensing for private employment agencies in South Australia

August, 2020
  • In July 2020, the amended Labour Hire Licensing Act entered into force in South Australia.
  • The amendments narrow the licensing needs for staffing (labour hire) companies to specific sectors and businesses.

Canada: Enhanced labour inspection and financial support for employers in the agricultural sector

August, 2020
  • Employers of temporary foreign workers in Canada are required to comply with the Quarantine Act and respect the mandatory 14-day quarantine period upon entry in Canada
  • The quarantine period must be paid to employees. However, the government announced a financial support to employers up to CAD $1,500 per temporary foreign worker to cover employee pay during the mandatory quarantine period and other associated costs
  • The government enhanced labour inspection for employers in agriculture

Denmark: change in legislation makes the job sharing scheme more flexible

August, 2020
  • New rules are adopted to make the Danish job sharing scheme more flexible
  • The regulation was followed by local and/or sectoral agreements  

France gets rid of a EUR10 tax on a short term contracts

August, 2020
  • Specific short-term contracts previously subject to a tax of EUR10 are now exempted

Kazakhstan new Law on employment contract and dismissals

August, 2020
  • The law “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Labor Issues”, was adopted in Kazakhstan on 4 May 2020
  • It had multiple repercussions on employers
Newsletter July, 2020

US legislations on employers’ liability protection clauses in case of Covid-19 could become a federal issue

July, 2020
  • If this regulation is adopted, employers’ liability would be limited to acts of gross negligence or intentional misconduct.
  • The law would have retroactive effect from 2019 and be in force until 2024.

France: temperature checks before entering the workplace are not permitted

July, 2020
  • Health checks with data collection are prohibited
  • Health checks with no additional collection of data are allowed, but the employee can refuse them

Costa Rica: Strike regulation goes through an important reform

July, 2020
  • The new legislation defines legal strike as opposed to illegal strike, and sets the conditions for legality.
  • It also distinguishes between essential services and services of transcendental importance and many other important specificities.

Chile, Colombia, Uruguay: Covid-19 as an occupational disease

July, 2020
  • Legislations in Chile, Colombia and Uruguay aligned to recognised Covid-19 as an occupational disease for the health sector.

Belgium: Covid-19 as an occupational disease extended to employees in essential services

July, 2020
  • Belgian legislation established recognition of Covid-19 as an occupational disease in various sectors, but for a limited period of time;
  • After consultation, social partners agreed to this new legislation
Newsletter July, 2020

Italy: fixed-term contracts can be renewed without specifying the reason until 30 August 2020

July, 2020
  • The Relaunch Decree ease the condition for use of fixed-term contracts,either through private employment agencies or directly with the employer;
  • These contracts offer good guarantees and safeguards compared to other forms of work, ranging from bogus self-employment to illegal work.

New Zealand modifies legislation to favour business sustainability and collective agreements’ ratification

July, 2020
  • New Zealand corporate and commercial property laws were temporarily reformed to increase the prospect of business surviving;
  • Employment and industrial relations regulations were reformed to include electronic means of signing collective agreements.

Spain introduced the Minimum Vital Income, a measure to fight against poverty independent of employment active search

July, 2020
  • The Minimum Vital Income is ensured to all low-income individuals or families, for as long as their income conditions do not improve.
  • It is not linked to other subsidies or active search of employment.

Swiss Federal Tribunal ruled on the contribution of the employer in case of telework: details on the Swiss regulation

July, 2020
  • The Court determined that the employer must bear some costs linked to telework for employees working from home upon request of their employer
  • The employers obligations in case of telework depend on the context
Newsletter May, 2020

Chile Modified the Labour Code to Include Provisions on Telework (Law N. 21.220)

May, 2020
  • Chile passed a law on telework that allows for flexibility in the way work is organised, but it needs to be formalised into an agreement.
  • The law is among the measures to limit the Covid-19 pandemic.

US New Regulations on Paid Sick Leave and Support Measures for Unemployed Workers

May, 2020
  • US Government approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the Families First Coronavirus Response Act (FFCRA) (Public Law 116-127) to support workers and their families

Examples of Essential Services Exempted from Suspension

May, 2020
  • Specific laws were enacted in France, New Zealand, Ontario (Canada) and South Africa containing a list of essential services that could continue operating during the pandemic.
  • Employment services were considered essential in France, New Zealand and Ontario.
  • Employers’ organisations were included in the list in New Zealand.

New Law Bans Dismissals for Economic Reasons in Argentina, Italy and Spain

May, 2020
  • Governments of Argentina, Italy and Spain enacted a law to ban dismissals to avoid lay off procedures.
  • Employers’ organisations in those countries strongly reacted against this measure.