Labour Laws and Regulations Newsletter 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
- 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.
- 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.
- A draft legislation is under discussion to support investments in training during the operation of the short time work scheme.
- 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%.
Newsletter August, 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.
- 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.
- 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
- New rules are adopted to make the Danish job sharing scheme more flexible
- The regulation was followed by local and/or sectoral agreements
- Specific short-term contracts previously subject to a tax of EUR10 are now exempted
Newsletter July, 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
- 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.
- Health checks with data collection are prohibited
- Health checks with no additional collection of data are allowed, but the employee can refuse them
- 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.
- Legislations in Chile, Colombia and Uruguay aligned to recognised Covid-19 as an occupational disease for the health sector.
Newsletter 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
- 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 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.
- 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.
Newsletter May, 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
- 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 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
- 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.
- 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.