| 1 | British Columbia becomes fifth province to introduce anti ... This Law Firm Publication by Blake Cassels & Graydon LLP highlights the amendments to the Workers Compensation Amendment Act 2011 in the British Columbia province of Canada, effective as of 1 July 2012. The changes offer higher protection to employees from harassment in the workplace and clarify they are entitled to compensation in the event of any undue breach. | Articles | 19-Jul-2012 |
| 2 | China looks to tighten labour rules This Law Firm Publication by Herbert Smith considers two draft labour law rules issued for public comment in China. The draft rules aim to change labour dispatch practices, where employers employ workers from agencies as opposed to direct hiring, as well as clarifying various labour dispute issues present in the Chinese employment landscape. | Articles | 19-Jul-2012 |
| 3 | Good news for Quebec employers and temporary foreign ... This Law Firm Publication by Norton Rose focuses on a new Labour Market Opinion (LMO) exemption, whereby Quebec employers can extend an employee's contract who holds temporary foreign worker status in Canada. The new regime, introduced on 1 June 2012, is applicable only where the temporary foreign worker has applied to the Canadian federal government for permanent residence. | Articles | 19-Jul-2012 |
| 4 | Ontario Court of Appeal: early termination of employee ... This Law Firm Publication by Norton Rose considers an employment case in Canada, where the Ontario Court of Appeal affirmed that employers are potentially liable to pay employees short and long term disability benefit entitlements following a termination without cause, where the employee has become disabled within their notice period. | Articles | 19-Jul-2012 |
| 5 | Should top-earners be able to claim damages for unfair ... This Law Firm Publication by Cliffe Dekker Hofmeyr looks at rights and compensation routes for high earning employees in South Africa in a claim of unfair dismissal. A high profile case has coincided with the release of the proposed amendments to the Labour Relations Act, which will allow the Minister of Labour to establish an earning threshold which will effectively exclude high earning employees from compensation redress. | Articles | 19-Jul-2012 |
| 6 | New developments in work permit applications for Contract ... This Law Firm Publication Eugene F Collins provides a brief update as to developments in work permit applications for Contract Service Providers (CSPs) in Ireland. CSPs are foreign based employers that send their employees to Ireland to fulfil contractual obligations with an Irish company. Amongst other criteria, the policy now requires that the employee has served at least 12 months of service with the foreign employer before an Irish work permit can be granted. | Articles | 12-Jun-2012 |
| 7 | Privacy of employee records on an employer's system This Law Firm Publication by Davis LLP provides comment on an employment case being heard in the Supreme Court of Canada, surrounding employee expectations or privacy in relation to employer owned technology. The article examines various case law precedents which allude to the need for clear technology policies to be communicated to all employees in order to avoid disputes. | Articles | 12-Jun-2012 |
| 8 | Further employees excluded from the full protections of the ... This Law Firm Publication by Werksmans Attorneys provides a brief update as to the amendments to the Basic Conditions of Employment Act 74 of 1997 (BCEA) in South Africa. The amendments, effective from 1 July 2012, change the earning threshold in which employees are afforded protection under the BCEA dealing with ordinary hours of work, overtime, compressed working week, meal intervals, daily and weekly rest periods, pay for work on Sundays, night work and work on public holidays. | Articles | 11-Jun-2012 |
| 9 | Canada streamlines immigration Labour Market Opinion ... This Law Firm Publication by Norton Rose summarises the Canadian Federal Government’s decision to allow employers who are compliant with the Temporary Foreign Worker Programme access to the Accelerated Labour Market Opinion Initiative. The Initiative, effective as of 25 April 2012, allows employers to hire foreign workers that require a positive Labour Market Opinion before their work permit can be granted. The scheme is intended to speed up the process and grant eligible employers the necessary documents within ten days of application. | Articles | 17-May-2012 |
| 10 | Labour protection for female employees: revised regulations ... This Law Firm Publication by Minter Ellison examines the key points of the China State Council’s Special Provisions on Labour Protection for Female Employees, effective from 28 April 2012. The provisions aim to provide fuller protection for females in the work place and outline employers’ duties in relation to protecting the rights and benefits afforded to women contained in the provisions. | Articles | 17-May-2012 |
| 11 | Proposed ban on stock options for French employees This Law Firm Publication by Skadden Arps Slate Meagher & Flom LLP & Affiliates provides comment on the potential developments surrounding a ban on stock options for employees in France, following the Presidential election results announced on 6 May 2012. French employees benefit from favourable tax and social security regimes however this is likely to change soon after the parliamentary elections in June 2012. | Articles | 16-May-2012 |
| 12 | Employers urged to make representations on the proposed ... This Law Firm Publication by Cliffe Dekker Hofmeyr provides a brief commentary on the proposed increase of the Earning Threshold covered in the Basic Conditions of Employment Act in South Africa. The Employment Conditions Commission has asked for representations to be put forward from interested parties by no later than 25 May 2012. | Articles | 09-May-2012 |
| 13 | New rules on sickness during holiday This Law Firm Publication by Norrbom Vinding focuses on amendments to the Danish Holiday Act in line with associated EU regulations. The Danish government amended the legislation to ensure all employees, providing they adhere to the correct procedures, are entitled to replacement holiday if they fall sick during their holiday. | Articles | 09-May-2012 |
| 14 | Supreme Court decision: the absence of economic grounds ... This Law Firm Publication by Herbert Smith offers a brief update as to an employment case heard in the Supreme Court of France. The court held that employees who are dismissed in the absence of any serious economic grounds are entitled to damages from their employer, however, this does not equate to the dismissal being void. The decision overturns a previous case decision heard in the French court of appeal in May 2011. | Articles | 09-May-2012 |
| 15 | Summary dismissal of managing director for misappropriation This Law Firm Publication by Norrbom Vinding looks at an employment appeal case heard in the Danish High Court, surrounding the summary dismissal of a managing director for gross misconduct in relation to using company money for private purposes. The High Court affirmed the lower courts’ stance that misappropriation of company funds by any employee, regardless of their seniority, can lead to a fair summary dismissal. | Articles | 03-May-2012 |
| 16 | Employee summarily dismissed because of LinkedIn ... This Law Firm Publication by Norrbom Vinding provides a brief overview of a recent employment appeal case heard in the Danish High Court. The decision confirms that employers are able to dismiss their employees due to disloyal or damaging statements made by the employees on social media platforms, even when the employee considers the communications to be private. | Articles | 25-Apr-2012 |
| 17 | Korean Supreme Court rules that certain kinds of bonuses ... This Law Firm Publication by Bae Kim & Lee LLC focuses on a recent decision in the Supreme Court of Korea, where it was held that in some situations fixed bonuses can be inclusive of “ordinary wages”, which are the basis for calculating overtime allowances. The decision is likely to heavily impact on employers which operate work shift systems in the region, who could experience a substantial increase in contingent liabilities associated with after-hours allowances. | Articles | 18-Apr-2012 |
| 18 | Positions that are closed to foreigners This Law Firm Publication by Ali Budiardjo Nugroho Reksodiputro examines recently issued regulations in Indonesia, that stipulate specific employment positions that cannot be held by foreign workers in the country. The regulations are in line with the Indonesian Labour Law which prohibits foreigners from holding positions that deal with employee and personnel matters. | Articles | 18-Apr-2012 |
| 19 | Proposed amendments to the Labour Relations Act and the ... This Law Firm Publication by Werksmans Attorneys looks at the recent approval of submission of the Amendment Bill for the Labour Relations Act and the Basic Conditions of Employment Act 1997 in South Africa. The Bill aims to further protect vulnerable employees, ensure compliance with international labour standards and more generally, enhance the effectiveness of all labour market institutions. | Articles | 18-Apr-2012 |
| 20 | New rules on employee share plans for foreign listed ... This Law Firm Publication by Hogan Lovells summarises the new requirements introduced by the recently published Circular 7, issued by the State Administration of Foreign Exchange (SAFE) in China. The Circular, effective as of 20 February 2012, requires SAFE registration to be completed in order to implement employee share and option plans in China. | Articles | 05-Apr-2012 |
| 21 | Summary of the most important aspects of Spain's Royal ... This Law Firm Publication by Jones Day summarises the various measures that have been implemented as a result of the recently issued Royal Decree Law 3/2012, in relation to the reform of the labour and employment market in Spain. The measures are set to have a significant impact, and are already effective in the country. | Articles | 05-Apr-2012 |
| 22 | Supreme Court of Canada to consider random alcohol testing ... This Law Firm Publication by Davis LLP examines the recent Irving Pulp & Paper case, where the Supreme Court of Canada has granted a leave to appeal to the union, in order to decide on whether employers can conduct random alcohol testing of employees in safety sensitive conditions. The Court of Appeal in Canada previously held that employers have the right to conduct the testing by taking a balancing of interests approach between employer rights to enforce rules, against employee privacy. The case decision is eagerly anticipated by relevant employers and unions, and will set a precedent in the Canada. | Articles | 29-Mar-2012 |
| 23 | The Danish Supreme Court approves retention bonuses This Law Firm Publication by Norrbom Vinding focuses on the recent decision of the Danish Supreme Court, where it was held that an employer was in breach of the Danish Salaried Employees Act by denying their employee a pro rata share of a retention bonus. The decision sets a precedent in Denmark, and while employers can still make a retention bonuses conditional, they should formulate a clear agreement with their employees to ensure compliance. | Articles | 22-Mar-2012 |
| 24 | Ignorance was no excuse – employment This Law Firm Publication by Norrbom Vinding examines a recent employment tribunal case in Denmark, where the Danish Supreme Court ruled that pregnant employees are still protected from dismissal due to sickness, even if the employer is not yet aware of the pregnancy. The decision was made under the Danish Act on Equal Treatment of Men and Woman, and sets a precedent in the country. In future cases, the entitlement of compensation will depend on whether the employer withdraws the dismissal upon becoming aware of the pregnancy. | Articles | 14-Mar-2012 |
| 25 | Royal Decree-Law 3/2012 of urgent measures to reform the ... This Law Firm Publication by Herbert Smith provides a comprehensive look at the key points to note in light of new Spanish labour reform legislation (Royal Decree-Law 3/2012) which entered into force on 12 February 2012. The legislation introduces substantial changes to the employment market and current labour legislation in Spain, and aims to stimulate the job market in light of the turbulent financial market. | Articles | 01-Mar-2012 |
| 26 | The new Protection from Harassment Act This Law Firm Publication by Cliffe Dekker Hofmeyr focuses on the Protection from Harassment Act, which was recently published in the South African Government Gazette. As well as the current protection found in the Employment Equality Act for employees suffering harassment in the workplace, the new legislation also encompasses workplace harassment, offering further protection. This could potentially have a significant impact on employee and workplace relations. | Articles | 22-Feb-2012 |
| 27 | An end to social dumping This Law Firm Publication by Norrbom Vinding examines the steps the Danish Government and the Red-Green Alliance party have taken against ‘social dumping’ in Denmark. The strategy is to ensure all companies operating in the Danish labour market are in compliance with Danish collective bargaining model, but also to ensure that Danish enterprises are not exposed to unfair competition from abroad. | Articles | 07-Dec-2011 |
| 28 | Proposed changes to the Maternity Insurance System in the ... This Law Firm Publication by Paul Hastings examines the proposed regulations relating to extended maternity leave issued by the Legislative Affairs Office of the State Council of the People’s Republic of China. The regulations aim to reflect social progress and public policy in the PRC to provide greater protections to female before and after childbirth. | Articles | 24-Nov-2011 |
| 29 | Act implementing the IPA: a first approximation between the ... This Law Firm Publication by Lydian examines the new rules incorporated into the Employment Contract Act (the Act) which will be effective in Belgium from 1 January 2012. The Act introduces new dismissal rules and amends the redundancy arrangements for manual workers as well as introducing the concept of ‘economic unemployment’ for white-collar workers. Among other changes, the Act stipulates an updated approach to the maximum salary standard. | Articles | 19-Oct-2011 |
| 30 | The New Social Insurance Law and Its Implementing ... This Law Firm Publication by Paul Hastings examines the recently issued PRC Social Insurance Law (SIL), which established the first national, basic social insurance framework for employees across the PRC. The SIL requires that employers enrol each employee in five insurance programs – the pension, medical, work-related injury, unemployment and maternity insurance programs. | Articles | 03-Oct-2011 |