Asia Pacific Australia - Employment & Labor New franchisor role in Australian employment compliance Franchisors will need to carefully examine their role in the compliance activities of their Australian franchisees as a result of legislation passed in the Australian Parliament on 5 September 2017. The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 has important operational implications for franchisors. Read more. Thailand – Employment & Labor Major changes coming to the labor protection act The Thai Cabinet has approved in principle the various amendments to the Draft Labour Protection Act. Read more. Vietnam - Employment & Labor Vietnam Monthly Labor and Employment Law Update Learn more about Vietnam's labor and employment law update for August and September. Read more. Europe, Middle East & Africa France – Employment & Labor President Macron unveils employment changes French President Macron's proposals include changes in collective bargaining and employee representation, along with measures which will impact unfair dismissal compensation. Read more. Italy - Employment & Labor Significant reduction of social security charges for employers who hire young workforce currently under discussion The Italian Government is planning on keeping, on a permanent basis, the benefit of a significant reduction of social security charges for employers who hire young individuals, that had been introduced a year ago as an experimental measure to promote employment of young workforce. Read more. Netherlands – Employment & Labor Employment update This month's updates include the gradual abolition of the statutory minimum youth wage, general data protection regulation and personal improvement plans for managing consultants. Read more. South Africa - Employment & Labor B-BBEE verification in the absence of the 2017 employment equity public register Employment equity plays a crucial role in Broad-Based Black Economic Empowerment scoring as it falls within the five pillars that must be assessed in order to generate a B-BBEE rating. In order to obtain a rating, companies are required to undergo a B-BBEE verification exercise. Read more. South Africa leading the way: Interception and monitoring of employee communication Does an employee have a right to privacy of private correspondence in the workplace? The European Court of Human Rights has recently considered this vexed issue. In Barbulescu v Romania the Grand Chamber of the ECHR overturned an earlier decision in relation to an employee's right to privacy in the workplace. Read more. No excuse for failing to plan for workplace equality Companies failing to prepare employment equity plans may shortly incur the wrath of the Labour Court. The Department of Labour announced that it was taking six companies to court over breaches of the Employment Equity Act. Read more. The pilot "sick out" - taking strike action to new heights "Ladies and gentleman, welcome to Air Berlin flight AB 9909, destination: this tarmac. Our flight has been cancelled as the pilot phoned in sick." Passengers of the embattled German airline had to endure the frustration of rerouted and cancelled flights when a large group of pilots called in sick. Read more. Ukraine - Employment & Labor Expected changes to migration laws by the end of 2017 This month, the Decree of the President of Ukraine No. 256/2017, dated 30 August 2017, enacted the decision of the National Security and Defense Council of Ukraine "On Strengthening Control over Entry into Ukraine and Departure from Ukraine of Foreign Nationals and Stateless Persons, Compliance with Rules of Stay in Ukraine" dated 10 July 2017. Read more. United Kingdom - Employment & Labor Data protection bill published The Data Protection Bill was published and put before parliament this month. The Bill is intended to implement the EU General Data Protection Regulation (GDPR) and will ultimately replace the existing UK Data Protection Act 1998. Read more. Privacy: European Court of Human Rights rules on lawfulness of monitoring employees In Barbulescu v Romania, the European Court of Human Rights considered how the European Convention on Human Rights applies to employee monitoring. Their conclusion (overruling their initial decision) is that the Romanian courts had failed to apply the Convention properly in a case involving an employer's monitoring of its internet-based messaging service. Read more. Equal pay: Asda retail employees can compare themselves with distribution centre employees for purposes of equal value claim The Employment Appeal Tribunal has upheld an employment tribunal's decision that employees working in Asda stores can pursue an equal pay claim using the predominantly male group of employees working in Asda's distribution centres as their chosen comparators. Read more. Discrimination: compensation for injury to feelings increased Compensation for injury to feelings in discrimination cases will now be based on the following bands (known as the Vento bands), which have been formally uprated to reflect both inflation and recent caselaw on assessing general damages. Read more. Finance (No 2) Bill - Changes as expected for share schemes and taxation of termination payments The Finance (No 2) Bill 2017 (the "Bill") is progressing through the parliamentary process.From an employee benefits perspective, all of the provisions that were dropped ahead of the general election in June have been included in the Bill. Read more. Corporate governance reforms - What you need to know about executive pay The government published a package of corporate governance reforms. Introduced to "enhance the public's trust in business." Read more. Latin America Colombia - Employment & Labor Flexible working schedule and day during each six-calendar month for family time The Congress issued Law 1857,2017 (the "Law"). This Law modifies Law 1361, 2009 regarding the protection measures for families. Read more. North America Canada - Employment and Labor Bill 148: Update on Key Changes Ontario's Bill 148, Fair Workplaces, Better Jobs Act, 2017, continues to move through the legislative process. On September 12, 2017, the Second Reading of Bill 148 commenced. To bring you up to speed on the current proposals, and in addition to our previous articles here and here, we provide the following overview of the key changes that are currently proposed. Read more. Value of IME in Accommodation Process Underscored by Ontario Courts The Ontario Court of Appeal recently left intact a lower court decision that supports employers in seeking an independent medical examination ("IME") in certain circumstances. In Bottiglia v. Ottawa Catholic School Board, the Ontario Divisional Court held that an employee's duty to accommodate may permit, or even require, the employer to ask for a second medical opinion where the employer has a reasonable and bona fide reason to question the adequacy and reliability of the information provided by its employee's medical expert. Read more.
We have summarised the law in 11 Asia Pacific countries in relation to non-compete restrictive covenants, confidentiality and trade secret protections, with the position varying dramatically between countries.View the overview.
We held our FutureWorks Global Employer Forum in London to discuss the megatrends that will impact global businesses and the future of work. Together with HR and employment leaders from some of the largest and most innovative companies in the world, as well as leading academics and thinkers, we looked at how global employers can embrace the opportunities and manage the coming shocks.
New blog: The Compensation Connection The Baker McKenzie "Compensation Connection" blog covers recent legal and tax developments, emerging trends and best practices in the world of executive compensation and employee benefits. Read the latest updates, insight and commentary on changes in the laws impacting equity and incentive plans, deferred compensation plans, pension and welfare plans and other compensation arrangements. Click here to access the blog.
Other publications The Global Employer: EMEA Quarterly eAlert (Q3 2017) The Global Employer Monthly eAlert - August Pensions Update The Global Employer: Global Immigration & Mobility Quarterly Update Global Equity Services Clients & Friends Newsletter - September 2017