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Howse Williams 何韋律師行 | Hong Kong | 3 Apr 2019

When 'wages' mean more than just your salary

In Hong Kong, an employment contract can be terminated by either the employer or the employee by giving the other party notice or making a payment in lieu of notice. A payment in lieu of notice is calculated by reference to the average daily wages earned by the employee in the 12 months preceding the day on which notice of termination is given. It is therefore important to understand what is......
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Castegnaro | Luxembourg | 12 Dec 2018

Minimum social wage rates set to increase

Bill 7381 modifying Article L 222-9 of the Labour Code was recently submitted to the Chamber of Deputies. The bill aims to amend the minimum social wage rates to reflect the average salaries of 2016 and 2017. If the bill is passed, the minimum social wage would increase by 1.1% as of 1 January 2019. The Governing Council has also decided to increase the social inclusion income and the income......
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George Z Georgiou & Associates LLC | Cyprus | 28 Nov 2018

Supreme Court clarifies burden of proof in wage protection cases

Cyprus case law has long established that reverse onus in criminal cases does not transfer the burden of proof to defendants; rather, it allows them to create reasonable doubt with respect to their guilt. A recent Supreme Court decision has confirmed this in regard to wage protection and clarified that all criminal courts (ie, not just employment tribunals) must examine the facts that......
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Fasken | Canada | 21 Nov 2018

A change in winds for federal unjust dismissal and reprisal complaints

Recent amendments to the Labour Code, brought about by Bill C-44, have been overshadowed by the dramatic changes to provincial labour and employment laws earlier in 2018. While big changes – including a significant increase in minimum wages in several provinces – have garnered the most attention, federally regulated employers must consider the code's amendments, which will affect the way in......
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Lapointe Rosenstein Marchand Melançon LLP | Canada | 13 Nov 2018

To be an employee or not to be – that is once again the question

The issue of whether a franchisee is an employee or an independent contractor has been debated on numerous occasions and was once again raised in a recent Quebec Court of Appeal decision. In its decision, the court emphasised that when analysing whether a franchisee qualifies as an employee or an independent contractor, the courts should look beyond the terms of the agreement between the......
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Fasken | Canada | 31 Oct 2018

Bill 148 update: on the chopping block

The Ontario government recently introduced Bill 47 – the Making Ontario Open for Business Act 2018 in the provincial Legislative Assembly. Once passed, the bill will make substantial changes to the province's employment standards and labour relations legislation, including reversing most of the changes contained in the previous government's Bill 148.
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Nagashima Ohno & Tsunematsu | Japan | 17 Oct 2018

Overtime regulation bill enacted

The National Diet recently enacted a bill relating to work style reform, which has amended the Labour Standards Act, the Industrial Safety and Health Act and relevant laws. Most amendments will come into effect on 1 April 2019. The amended Labour Standards Act stipulates that the upper limit for overtime will be, in principle, 45 hours a month and 360 hours a year. However, there are......
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Mayer Brown | USA | 10 Oct 2018

Ninth Circuit rules on wage and hour class action claims

The Ninth Circuit recently held that a settlement of class claims in an opt-out class action asserting only state law wage and hour claims also released the plaintiff's Fair Labour Standards Act claims arising from the same allegations on which her state claims had been predicated. The decision reinforces the importance of carefully crafting release language in all settlements, including......
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Fasken | Canada | 19 Sep 2018

Student working conditions: beware of disparities

The Quebec Human Rights Tribunal recently held that student status and the fact that students work during the summer to pay for their studies must be equated to a social condition protected under the Quebec Charter of Human Rights and Freedoms. According to the tribunal, a collective agreement clause that allocates a lower wage to students could constitute discriminatory treatment because it......
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Arent Fox LLP | USA | 14 Sep 2018

United States and Mexico shake on NAFTA renegotiation deal

The United States and Mexico recently announced an agreement regarding key issues that have been the focus of trilateral discussions between the United States, Mexico and Canada for over one year. Although no text is yet available, the Office of the United States Trade Representative has released fact sheets addressing certain aspects of the preliminary agreement in principle.
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