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International Labor and Employment Law

Category Archives: Regional/National

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Brazil’s President Approves Labor Reform Bill

flag for BrazilPosted in Brazil, Employment Contracts, Latin America

On July 14, 2017, Brazil’s Labor Reform Bill (Law No. 13.467) (the “Bill”) was published after it was approved by President Michel Temer. The new law will go into effect on November 11, 2017. The Labor Reform Bill will make extensive changes to several provisions of the Brazilian Labor Code. The Bill is significant because… Continue Reading

Major Changes Proposed to Ontario’s Labor and Employment Laws

flag for CanadaPosted in Canada, Employees' Representatives, Remunerations

On June 1, 2017, the Ontario government introduced the Fair Workplaces, Better Jobs Act (Bill 148).  Bill 148 is not yet the law of the province but, if enacted, it contemplates sweeping changes to both traditional labor and employment law in Ontario.  Broadly, the proposed Bill would raise the minimum wage in Ontario, change employee… Continue Reading

What Employers Need to Know about Europe’s General Data Protection Regulation

flag for European Unionflag for United KingdomPosted in European Union, Privacy, United Kingdom

Proskauer has released a white paper on “What Employers Need to Know about Europe’s General Data Protection Regulation.” As you may know, on April 14, 2016, the European Parliament approved the General Data Protection Regulation (“GDPR”), which will replace the EU’s current data privacy standard and begin to apply on May 25, 2018. This paper… Continue Reading

Update: India’s Parliament Passes Increased Maternity Leave

flag for IndiaPosted in Equality of Treatment, India

India’s Parliament has officially passed an increase to maternity leave in India.  The new law entitles most mothers to 26 weeks of paid leave. We last reported that India’s Upper House of Parliament approved the increase in August, 2016.  However, India’s lower house held off approving the legislation until last week.  The new law provides… Continue Reading

The Top Ten Things You Should Know About UK Employment Law

flag for European Unionflag for United KingdomPosted in European Union, Privacy, United Kingdom, Whistleblowing

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment team published the Top Ten Things to Know About the UK Employment Law Landscape in 2017. In this briefing,… Continue Reading

UK Employment Tribunal Rules that Individuals Working in the “Gig Economy” are Entitled to Paid Leave

flag for European Unionflag for United KingdomPosted in Compensation & Benefits, Employment Contracts, European Union, United Kingdom

An Employment Tribunal in the United Kingdom ruled that a bicycle courier for CitySprint, a delivery firm, was a worker rather than self-employed and therefore entitled to paid leave.  This is the most recent decision in a string of UK cases dealing with the “gig economy,” namely, repeated short-term work such as ride-sharing or courier… Continue Reading

UK Gender Pay Gap Reporting

flag for United KingdomPosted in United Kingdom

We wrote about the Draft Gender Pay Gap Regulations in the April 2016 edition of A Month in UK Employment Law. In December 2016, the UK Government published a revised version of these Regulations which are expected to come into force on 6 April 2017. As a reminder, the Regulations require private sector employers in… Continue Reading

UK Tribunal Allows Expatriate to Bring Claims in the UK

flag for European Unionflag for United KingdomPosted in European Union, Expatriation, United Kingdom

In Jeffrey v. The British Council 2016, the Employment Appeal Tribunal (“EAT”) ruled that an employee who had an “exceptional degree of connection” with the United Kingdom could bring claims in the UK even though he had been working outside of the UK for over 20 years. This provides an important exception to the general… Continue Reading

Record fine handed to TalkTalk in data protection breach in the UK

flag for United KingdomPosted in Privacy, United Kingdom

As previously reported on our Privacy Blog, TalkTalk, a major UK telecoms company, has been fined  a record breaking £400,000 for a data breach after they were hacked.  This fine, given by the ICO (the UK’s data protection authority), followed an in-depth investigation into an attack by hackers on TalkTalk’s systems where hackers obtained the details… Continue Reading

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

flag for European Unionflag for United StatesPosted in Belgium, Discrimination, European Union, Terminations, United States

On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV, Case C-157/15, the AG stated that a neutral policy prohibiting employees from wearing visible religious… Continue Reading

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

flag for European Unionflag for United KingdomPosted in Discrimination, European Union, Privacy, United Kingdom

Employee’s Privacy Rights European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights.  Article 8 protects a person’s right to respect for their private and family life, and our blog has actively tracked developments on the subject (to review prior rulings, see here, here,… Continue Reading

New Law Imposes Additional Requirements on NGOs Operating in China

flag for ChinaPosted in China

Until recently, there have been few formal regulations regarding the operation of foreign non-governmental organizations (NGOs) in China. While the Chinese government has expressed skepticism and, at times, hostility toward foreign NGOs, many NGOs – including many prominent U.S. based organizations – currently operate in China. Based on new legislation in China, however, the status… Continue Reading

German Labor Court Allows Review of Employee’s Browsing History

flag for European Unionflag for GermanyPosted in European Union, Germany, Privacy, Terminations

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized that employers have the right to monitor their employees’ internet communications in order to ensure productivity during work. (To review… Continue Reading

Trade Secrets Directive

flag for European UnionPosted in European Union, Whistleblowing

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European Parliament has now approved the Trade Secrets Directive. This Directive aims to provide a minimum, uniform level of protection in… Continue Reading

Further Insights: How the Recent Barbulescu Decision Impacts Employers in Europe and the United States

flag for European Unionflag for United StatesPosted in European Union, Privacy, Terminations, United States

Last month, we blogged about the much discussed ECHR Barbulescu opinion. (To review the implications of the case, please click here.) As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the United States. Purple Communications, Inc.: the United States’ approach to… Continue Reading

Ontario’s Sexual Harassment Protections Passed

flag for CanadaPosted in Canada, Discrimination

Ontario’s Sexual Violence and Harassment Action Plan Act was passed and received Royal Assent on March 8, 2016. The Act will go into effect in six months on September 8, 2016. The Act creates new duties for employers to prevent and investigate sexual harassment in the workplace. To fully review the changes coming in the next six… Continue Reading

Termination for Offensive Social Media Posts May Be a “Reasonable Response” in the UK

flag for United KingdomPosted in Code of Conducts, Terminations, United Kingdom

The UK Employment Appeal Tribunal (EAT) recently considered two unfair dismissal cases in which an employer terminated an employee for inappropriately posting on personal Twitter or Facebook accounts. In both cases the EAT overturned the tribunal judge’s ruling for the employee; remanding one case for failure to apply the reasonable responses test and declaring the… Continue Reading

Germany Adopts EU’s Pension Directive, and May Place Burdens on Employers’ Use of Temporary Workers

flag for GermanyPosted in Germany

Pension Law On December 18, 2015, the German legislature approved a law that adopted the pension provisions of the EU Mobility Directive. The Directive was passed to enhance worker mobility between EU countries by requiring stronger pension protections, yet some EU member countries have yet to adopt the pension provisions of the Directive. The new… Continue Reading

Full Disclosure: An Overview of Global Supply Chain Regulations

flag for United KingdomPosted in Code of Conducts, United Kingdom

You may have read our recent client alert on the UK Modern Slavery Act and Global Supply Chain Transparency, where we highlighted the extraterritorial safeguards against human trafficking and slavery as well as the corresponding implications for US-based employers. What you may not know, however, is that although the UK Modern Slavery Act is the… Continue Reading