On 19 December 2024, a unanimous South Korean Supreme Court partially overturned its 2013 ‘ordinary wage’ precedents, which may require many employers to revise their compensation practices. These Supreme Court decisions primarily affect Korean employers, which commonly pay a significant portion of employees’ compensation through fixed regular bonuses but exclude those amounts when calculating the base rate for overtime pay and other statutory entitlements. Employers…
On 24 December 2024, a reform to Mexico’s Federal Labour Law was published that regulates work for digital platforms. This reform classifies most workers who provide services through such platforms as employees, which entitles them to employment rights and access to the social security system. Digital platform workers will be classified as employees if they provide personal, remunerated and subordinated services through a digital platform,…
On 26 September 2024, Italy introduced a landmark piece of legislation aimed at enhancing workplace safety, specifically focusing on the protection of workers from substances that are toxic to reproduction. The Legislative Decree, which implements a 2022 EU Directive, expands the definition of hazardous substances in the workplace to include not only carcinogens and mutagens but also reproductive toxins — those which may affect fertility,…
Back in 2019, the government of Slovakia introduced what it called the ‘recreation allowance’ to boost domestic tourism. It requires certain employers to contribute financially to domestic trips taken by eligible employees. From 1 January 2025, the allowance will be extended to the parents of those employees. This is an innovative and, in many ways, welcome move, but it raises some questions about how employers…
This is the first year when the new duty to prevent sexual harassment in England and Wales will be in force over the festive season. As employers make plans to celebrate with their workforces, how do sexual harassment risk assessments apply to workplace parties? The perennial issue of inappropriate behaviour at workplace parties over the festive season is even more relevant this year, as the new duty…
On 19 November 2024, a Royal Decree was published which approves a new regulation on the rights and freedoms of foreigners in Spain and their social integration. This Royal Decree introduces new reforms approved by the Council of Ministers aimed at improving the integration of migrants in Spain. The new regulation is adapted to the current migratory situation and EU directives addressing labour market demands…
The Belgian Competition Authority recently rendered a decision imposing significant fines totaling EUR 47 million on competitors guilty of a variety of anti-competitive agreements, including ‘no-hire’ clauses. A ‘no-hire’ agreement (also called a ‘non-poaching’ agreement) is an agreement that one employer will not recruit or hire another employer’s employees. In some limited contexts (primarily in service contracts), these agreements may be enforceable. Significantly, however, the…
When does the obligation to report a workplace accident arise? Should an accident at work report be made when the circumstances around a reported accident seem doubtful or unlikely? Or when the employee who was involved in an alleged accident does not seem to show any injuries and does not provide a medical certificate? Or when the employee’s injuries seem likely to be attributable to…
In a recent decision, the Litigation Chamber of the Belgian Data Protection Authority (DPA) indicated that it is unlikely that valid consent to the processing of biometric data can be given in the context of an employment relationship. The employee in this case was first employed as a temporary worker and then as an employee of the employer. The employer used a time recording system based on fingerprints….
On 30 June 2024, a Legislative Decree came into force that introduced important changes to national legislation on disability. This decree is the latest of several recent legislative decrees implementing the 2021 delegation law on disability, which were necessary to adapt the Italian legal system to United Nations and EU guidance on the rights of persons with disabilities. The implementing legislative decrees published to date are the following: a decree…