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An employee who regularly dealt with work email out of hours was awarded compensation in a recent decision of the Irish Labour Court. The case highlights employers’ duties relating to employee working hours and record keeping. While the introduction of smartphones into our professional lives has meant the working day becoming increasingly flexible and fluid, the law on working time in Ireland has not caught…
Employees who are parents of disabled children or children who have special educational needs will now have the right to request flexible working time, and in some circumstances, remote working arrangements under a recent amendment to the Polish Labour Code. On 6 June 2018, an amendment to the Labour Code came into force, aimed at supporting employees who are parents of disabled children. The amendment…
Brazil has adopted a law introducing new and more stringent GDPR-style data protection provisions. On 14 August 2018 President Michel Temer sanctioned the new Brazilian General Data Protection Law (LGPD), which regulates the processing of personal data by individuals, private entities and public authorities. The LGPD reproduces some of the central points of the European General Data Protection Regulation (GDPR), which became effective on 25 May…
The European Court of Justice has ruled that Belgian legislation cannot circumvent EU law by acting unilaterally against fraudulently acquired A1 declarations. Legislative action of that kind oversteps the limits of what Member States are allowed to do under EU law. On 11 July 2018, the Court of Justice ruled that Belgium has violated European rules by giving national judges, the National Social Security Office…
On 25 July 2018, New Zealand finalised legislation that will give workers who are victims of domestic violence the right to paid leave and other employment law protections. The Domestic Violence – Victims’ Protection Bill has passed its third reading in Parliament and will come into force on 1 April 2019. The Bill provides for flexible working for victims of domestic violence, ten days’ domestic…
This article describes the current state of the law on age discrimination in the workplace in France, how claims are processed and the potential penalties for employers. French age discrimination legislation has been thrown into the spotlight in light of the most recent national measures on the employment of older workers (derived from a national inter-industry collective agreement and a government policy on the employment…
Newly enacted legislation in Italy limits fixed-term contracts, increases indemnities for unfair dismissal and addresses relocation of international business outside Italy. By enacting the so-called ‘Dignity Decree’, which entered into force on 14 July 2018, the newly elected Italian Government took significant steps to reverse changes to the law on fixed-term contracts, partially liberalised by its predecessors. The Decree has also increased the indemnities payable…
New legislation means that workers in Poland employed using more flexible, task-based ‘civil law contracts’ will be entitled to join or form trade unions and to benefit from protection previously reserved for trade union members. On 5 July 2018 the Polish Parliament adopted amendments to the Act on Trade Unions and certain other acts. According to the new provisions, from January 2019, individuals in Poland…
As part of its effort to eliminate illegal labour subcontracting, Colombia recently enacted new guidelines on inspection and enforcement in this sector. The guidelines also provide criteria to assist inspectors in assessing whether indirect employment arrangements will be illegal. On 9 May 2018, the Ministry of Labor issued Resolution 2021 establishing guidelines on inspection, surveillance and control of the enforcement of Article 63 of Law…
Peru recently introduced new paternity leave legislation, extending leave entitlement for new fathers from four to ten days. This article provides details of this enhanced employment law right. On 5 July 2018, Peru’s changes to paternity leave law (Law 30807, ‘Amendment to Law 29409, granting the Right to Paternity Leave to Employees in the Public and Private Sector’) were published in the Official Gazette, El…