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Labour Laws and Regulations
Newsletter April, 2024

Netherlands: The Equal Opportunity in Employment Bill rejected in Senate

April, 2024
  • On 14 March 2023, the Dutch House of Representatives passed the "Supervision of Equal Opportunities in Recruitment and Selection Bill," which aims to address and reduce employment discrimination, especially on the basis of origin, gender, race, colour, age, religion, sexual orientation or disability.
  • On 12 March 2024, the discussion around the bill continued in the Dutch Senate, building on the plenary debate initiated on 27 February 2024.A critical vote and accompanying motions took place on26 March 2024 and and the Bill was not adopted in the Senate after a majority voted against it.

Mozambique: the new Labour Law entered into force

April, 2024
  • Following the publication of the new Labour Law, Law No. 13/2023, in the Official Gazette on 25 August 2023, businesses and workers alike are gearing up for significant changes in the labour market. 
  • This Law, which repeals the previous Law No. 23/2007, signals a crucial moment in Mozambique's commitment to modernising its workforce regulations in line with current socio-economic and technological advancements.

Mexico: New provisions for the registration of individuals or legal entities that provide specialised services or perform specialised works

April, 2024
  • On 21 February 2024, Mexico introduced new provisions for the registration and renewal process for individuals and legal entities for specialised services and works. 
  • The latest amendments to Mexico's Federal Labour Law, specifically Article 15, are designed to tighten the oversight of specialised services and works within the country. 
  • These changes, published in the Federation's Official Gazette, aim to ensure that entities providing specialised services are compliant with local regulations and maintain high standards of operation.
Newsletter March, 2024

Netherlands: House of Representatives has started debating the Bill on the Admission of Workers on Posting (Wtta)

March, 2024

Argentina: new president issues emergency decree on labour issues

March, 2024
  • On 20 December 2023, the Argentine government introduced Decree 70/2023, aimed, among others, at reshaping the employment landscape. 
  • This reform was, however,halted. Trade unions obtained injunctions against the enforcement of the labour chapter and a partial ruling by a labour court has suspended the effects of the new law. 
  • The decision now lies with the national Supreme Court of Justice.
Newsletter February, 2024

UK: The Worker Protection Act passed

February, 2024

New Zealand: Parliament passed legislation to abolish Fair Pay Agreements

February, 2024

Chile: Karin law on sexual and labour harassment passed

February, 2024
  • On 5 January 2024, the Government enacted the so-called Karin Law (in honour of Karin Bolaños, a worker who tragically took her own life after falling victim to workplace harassment) against workplace harassment.
  • The law applies to all companies, regardless of size, and includes regulations relevant to the State Administration and its multiple agencies.
  • It aims to set a legal framework for a safe and healthy work environment, not only punishing workplace and sexual harassment but also preventing them with education and protocols.
Newsletter January, 2024

Canada: Federal Government’s Legislation Prohibiting REplacement workers (a Fasken’s contribution)

January, 2024

Mexico: reform bill reducing working hours still pending

January, 2024
  • Last year, the House of Representatives Member Susana Prieto presented a Bill to constitutionally amend working hours from 48 to 40 hours a week.
  • In November 2023, members of the Board of the Chamber of Deputies made a series of recommendations and changes to the Bill that returned to the Constitutional Points Committee. 
  • On 15 December, the Mexican Congress closed its final ordinary session for 2023. The Bill will be discussed when the next ordinary session opens in February 2024.

USA: New requirements for non-disclosure and non-disparagement provisions in New York

January, 2024
  • On 17 November 2023, the New York Governor signed Bill S4516 into law.
  • It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
  • It applies to all agreements signed or entered into after 17 November 2023.

New Zealand: New law allows 90-day trial employment periods for all employers

January, 2024
  • On 21 December 2023, the Employment Relations (Trial Periods) Amendment Bill was passed in Parliament.  
  • It was introduced as a Member’s Bill in August 2023 in the previous Parliament.
  • It provides that, with effect from 23 December 2023, all employers in New Zealand can use 90-day trial periods, extending its scope of application. 
Newsletter December, 2023

Canada: Pay Transparency Legislation Entered into Force in British Columbia

December, 2023
  • As we reported last May, British Colombia adopted the Pay Transparency Act, which addresses systemic discrimination in the workplace and aims to reduce pay gaps affecting women, people of colour, people with disabilities, and non-binary people.
  • According to the Act, employers can no longer ask job applicants about what they were paid in previous positions. 
  • From 1 November 2023, all employers in British Columbia must include pay ranges in job postings, prepare reports identifying systemic pay discrimination, and disclose pay information to employees and applicants upon request.
  • The Pay Transparency Regulation (BC Reg 225/2023) was released on 23 October 2023 and is now in force. It provides details on the mandatory contents of the remuneration transparency reports. 

 

 

 

Vietnam: Decree 152/2020/ND-CP Regulating Foreign Workers in Viet Nam Amended

December, 2023
  • On 18 September 2023, the Government issued Decree No. 70/2023/ND-CP, amending, with immediate effect, Decree No. 152 on foreign employees working in Viet Nam, aiming to streamline the recruitment process of foreign workers.
Newsletter November, 2023

UK: The Workers (Predictable Terms and Conditions) Act has been passed

November, 2023
  • On 19 September 2023, The Workers (Predictable Terms and Conditions) Act received Royal Assent.
  • The bill proposes new provisions in the Employment Rights Act 1996 aiming to give workers on atypical contracts and agency workers the right to request more predictable terms and conditions of work.

Rajasthan introduced Platform Based Gig Workers (Registration and Welfare) Act

November, 2023

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.

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.

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.
Newsletter August, 2023

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.

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.

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).
Newsletter June, 2023

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. 

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
Newsletter May, 2023

Ecuador: “Violet Law” enacted

May, 2023
  • 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.

Uruguay: The Senate voted on amendments to collective bargaining

May, 2023
  • 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.

Canada: a proposal on termination protection for remote workers

May, 2023
  • 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.

South Africa: new Employment Equity Act signed

May, 2023
  • On 12 April 2023, the Employment Equity Act (2020) was signed into law. 
  • It amends the existing Employment Equity Act 55 of 1998, aiming to promote diversity and equality in the workplace.
  • It applies only to companies employing more than 50 people.
Newsletter April, 2023

Spain: Whistleblowing law came into effect

April, 2023
  • 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.

Colombia: government filed a labour reform bill proposal

April, 2023
  • 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.

Brazil: new provisions against violence in the workplace

April, 2023
  • 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”).
Newsletter March, 2023

Whistleblowing: news from Netherlands and Italy

March, 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.

Canada: New pay transparency legislation in British Colombia

March, 2023

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.
Newsletter February, 2023

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.

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.