Welcome to this fourth edition of our quarterly Global Employment and Labor Law Update for 2022.
Throughout 2022, we have reported on a number of global themes that continue to shape the working landscape, including developments around equality and fairness, working arrangements and conditions, the implementation of the EU Directives on whistleblowing, transparent and predictable working conditions, and work-life balance, as well as developments aimed at protecting the health and safety of workforces. In this edition, we highlight some of the key developments that have featured globally during the last quarter, including new laws around flexible and remote working, pay transparency, and the protection against workplace harassment. Also featured are some significant court decisions around working arrangements, and developments around status.
Keeping appraised of new legal developments and maintaining visibility of those on the horizon continues to be critical for those planning and managing people strategies. Drawing on the significant experience and expertise of our teams of lawyers around the world assisting clients with all aspects of employment law, this latest Update provides a summary of the key changes. Please do not hesitate to contact us if you wish to find out more about any of the developments.
Equality and fairness – In our last edition, we reported on some significant new laws focused on enhancing equality requirements and protections. Further developments have been seen this quarter, including around the prevention of workplace harassment and the protection of and regulation regarding long-term sick and disabled workers. Further developments have also been seen around pay transparency, with a new law being passed in California which will require certain US employers to report information regarding the pay of employees by race, ethnicity and gender.
In Belgium, the Code on Wellbeing at Work has been amended to seek to increase the prospects of successfully reintegrating into the workplace employees on long-term sick leave. A proposed new law in Kenya seeks to support the employment of disabled persons, including through additional employment protection and reporting and quota requirements. And in Romania, further regulation is proposed around the right of disabled employees working reduced hours to receive full salary.
In the UK, legislation continues to be proposed to impose new duties on employers to prevent sexual harassment in the workplace. Other countries are also pursuing reforms in this area, including a new requirement now in force in Lithuania that requires employers to implement and publish a violence and harassment prevention policy, and amended legislation applying from the New Year in Denmark, which will increase the amount of compensation that can be awarded for workplace sexual harassment.
Employment status – We have previously reported on the ongoing wave of court decisions on the misclassification of employees, as well as highlighting the new guidance published by the UK Government aimed at making it easier to determine the correct employment status of individuals. New developments have continued to be seen on this topic during the last quarter, including in the US, where it is proposed to revise the analysis used for determining the appropriate classification of a worker. That amendment seeks to provide further clarity and to create consistency with judicial precedent and legislation.
Working arrangements – Some significant court decisions have been seen around working arrangements and conditions this quarter, including around obligations on employers to record working time (Germany), entitlement to bonus payments (Hong Kong), entitlement to compensation arising out of a transfer of undertaking (Netherlands), the liability for wages during on-call arrangements (Switzerland), retrenchment payment obligations (Singapore), and the forfeiture of claims for annual leave (Germany).
In addition, new developments continue to reflect the more flexible working environment. The developments seen in this respect have included proposed new conditions for remote working in the Czech Republic, and the Polish Government’s adoption of legislation that will now permanently enact the previously temporary provisions on remote working. In Belgium, a new right for workers to request a flexible work arrangement has been introduced.
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Diane Gilhooley Global Head of Employment, Labor and Pensions dianegilhooley@eversheds-sutherland.com
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