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Starting as of 17 December 2023, the new (more strict) requirements of the Dutch Whistleblower Protection Act regarding internal reporting procedures for whistleblowers now also apply to midsize employers (those with 50-249 employees). As a result of these new requirements, employers must have an internal reporting procedure in place for the reporting of suspected wrongdoings that sets out, among other things, how the report is…
The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law. Belgium treats pregnancy/maternity as a protected status. When an employer dismisses an employee who is pregnant or has recently given birth, it must be able to prove that the reasons underlying the dismissal are completely…
Die am 16.08.2023 beschlossenen Änderungen des Fachkräfteeinwanderungsgesetzes treten seit dem 18.11.2023 stufenweise in Kraft („Gesetz zur Weiterentwicklung der Fachkräfteeinwanderung“). Durch das Gesetz sollen die Fachkräftegewinnung in Deutschland erleichtert und bürokratische Hürden abgebaut werden. Es beinhaltet u.a. Änderungen im Aufenthaltsgesetz (AufenthG) und in der Beschäftigungsverordnung (BeschV). Wir geben einen Überblick über bereits Ende 2023 in Kraft getretene Neuerungen und einen Ausblick auf weitere Gesetzesänderungen zum 01.06.2024….
The 2024-25 Hong Kong Budget unveils a series of strategic policies and initiatives centred around revitalising the Hong Kong economy. The policies include those aimed at bringing in capital, enterprises and talent. In this article, we highlight some of the key initiatives which may be of interest to employers and employees. Salaries Tax The Budget proposes a 100% reduction in the salaries tax payable for 2023-24, subject to a ceiling of HKD 3,000 (approximately EUR 356)….
Many countries have special tax regimes designed to attract qualified staff from abroad and we will be covering some of these regimes in a series of articles. The first is Italy – for which see below to discover who can benefit and the advantages the regime can bring. Next in the series will be Belgium, France, Spain, Portugal, the Netherlands and others. The Decree replaces…
In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it constitutes a breach by the employee of an obligation arising from the employment contract. According to case law, a private conversation that is not intended to be made…
The gender pay gap has recently been addressed in Brazil by legislation and two subsequent administrative directives. We take a look at how those initiatives might work in practice. In July 2023, Brazil passed a landmark Federal Gender Pay Gap Law which requires large employers to bi-annually report on differences in pay between men and women in management and leadership positions. The law also addresses pay and career discrimination against minorities. Then in November 2023, the…
On 30 January 2024, the Ministry of Women and Child Development released national minimum standards for crèches (daycare facilities). The standards (the ‘NMSPC’) provides a comprehensive framework for setting up and managing crèche facilities and seeks to ensure quality childcare services by standardising and institutionalising care practices. It is noteworthy that only a few states in India have formulated specific guidelines for crèche facilities. By…
India recently marked the tenth anniversary of its landmark law on sexual harassment of women in the workplace (the so called ‘POSH Act’). A decade after the passage of the POSH Act, implementation and enforcement of the Act is still inadequate. The Supreme Court of India recently expressed concern over what it termed a ‘sorry state of affairs’ surrounding the implementation of the Act. It…
Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the UK flexible working regime could prompt more requests to work from home. A recent Employment Tribunal judgment provides employers with some comfort that, if handled correctly, they can refuse requests to work entirely remotely, especially from employees in managerial positions where a degree of in-person time may be needed….