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Cliffe Dekker Hofmeyr | South Africa | 1 Mar 2019

Win for employer: judgment on Employment Tax Incentive Act

In a recent unreported case regarding a taxpayer that conducted business in the wholesale and retail industry, the Tax Court had to decide whether the taxpayer could claim the employment tax incentive under the Employment Tax Incentive Act for certain periods. In its decision, the court not only considered the provisions of the act, but also applied various principles of South African labour law.
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Castegnaro | Luxembourg | 26 Sep 2018

New collective bargaining agreement for bank employees

The Luxembourg Bankers' Association recently signed the new Collective Bargaining Agreement (CBA) for Bank Employees 2018-2020 with the Luxembourg Association of Bank and Insurance Employees and the trade unions representative of the financial sector. Given the number of changes and their level of impact, the CBA will be introduced gradually over the next three years.
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Nagashima Ohno & Tsunematsu | Japan | 26 Sep 2018

Supreme Court rules on different working conditions for employees rehired after reaching retirement age

One of the controversial issues regarding Japan's so-called 'lifetime employment system' is whether and to what extent employers can impose different working conditions (eg, salaries, bonuses and allowances) when they rehire employees who were once non-fixed-term employees as fixed-term employees. The Supreme Court recently handed down a significant decision addressing this issue.
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Porzio Ríos García | Chile | 29 Aug 2018

Companies may continue to offer historical benefits to non-union employees without union consent

Following a recent opinion rendered by the Labour Board, companies may continue to extend to non-union employees benefits which they received before they were added to a collective bargaining agreement, because such benefits are not an attribute of the collective bargaining agreement for non-union employees. This new position impedes union interference in the granting of benefits to employees......
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Fasken | Canada | 6 Jun 2018

Employer-mandated physician visit is not a privacy violation

Employers are entitled to require employees to visit in-house occupational health department physicians to obtain reasonably necessary medical information if that right is provided for in their collective agreement. This was recently confirmed when an arbitrator found that an employer had not violated employee privacy rights when it required employees to visit in-house occupational health......
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Wistrand | Sweden | 6 Jun 2018

Labour Court: fresh guidance on definition of 'collective strike action'

The Labour Court recently reviewed whether actions conducted by the employees of a private waste collection and transportation company were illicit collective strike actions. According to the court, the employees had refrained from performing their work tasks in order to pressure the company into ending the demands to conduct an inventory of keys. This was a stoppage of work and an illicit......
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Vaish Associates Advocates | India | 10 May 2018

CCI issues cease and desist order to Indian film associations following anti-competitive conduct

The Competition Commission of India has directed the All India Film Employee Confederation and various regional associations to cease and desist anti-competitive conduct, including suspending work and boycotting film directors who engage artists from outside the associations. The order establishes the importance of maintaining competition in the marketplace even in matters concerning workers'......
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Arthur Cox LLP | Ireland | 7 May 2018

Managing sectoral employment orders

The Supreme Court recently found the well-established regime of registered employment agreements to be unconstitutional. Uncertainty regarding the level of protection for wages and benefits of workers in the construction sector followed this decision, but has now been addressed by the Sectoral Employment Order (Construction Sector) 2017 and the Sectoral Employment Order (Mechanical......
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Lander & Rogers | Australia | 28 Mar 2018

New reporting requirements for bargaining representatives

Under new legislation, bargaining representatives – whether acting for employers, peak bodies or unions – must now disclose any personal financial benefits arising from enterprise agreements before they are voted on. The purpose of the disclosure documents is to help workers, employers and other stakeholders to track the revenue that an enterprise agreement will generate for unions and any......
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Sidley Austin LLP | USA | 26 Mar 2018

Court dismisses challenge to two-for-one executive order

The US District Court for the District of Columbia recently dismissed challenges to Executive Order 13,771, which requires federal agencies to rescind two regulations for every new regulation issued. The court held that the environmental group and union plaintiffs lacked standing and that the groups could not show how their members would be harmed by the order.
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