Increase in annual earnings threshold under Basic Conditions of Employment Act, No 75 of 1997 (“BCEA”)

The annual earnings threshold has been increased to R211 596.30 (previously R205 433.30).

The earnings threshold impacts upon the application of various provisions of the BCEA, Labour Relations Act, 66 of 1995 (“LRA”) and the Employment Equity Act, 55 of 1998 (“EEA”). For example:

– Employees who earn above the threshold are excluded from certain provisions of the BCEA, including (but not limited to) those regulating ordinary hours of work, overtime and daily and weekly rest periods;

– Under the LRA, there are additional protections afforded to certain employees who earn below the threshold;

– Under the EEA, earnings being above or below the earnings threshold determines the route that can be used for arbitration/ adjudication.

1 March 2021

Employers should take note of the increase of the earnings threshold and the consequent impact on the applicability of the relevant provisions of the legislation to their workforce.

Failure to comply with the BCEA can result in action by the labour inspector and the Department of Employment and Labour. Failure to comply with the additional protections under the LRA can result in employees asserting their rights to these protections and unfavorable outcomes being imposed on employers. For example, an employee who is employed on a fixed-term contract without good cause may be deemed to be a permanent employee of the employer, or where an employee of a temporary employment service (“TES”) renders services to a client of the TES for longer than 3 months and earns below the earnings threshold, that employee could be deemed to be employed on an indefinite basis by the client.

Government Gazette of the Republic of South Africa

Labour Relations Act 66 of 1995

The National Minimum Wage Act, 2018 (NMWA) seeks to promote economic development among South Africa’s workers by setting minimum wages. The Act applies to all South African workers except those within the National Defence Force, the National Intelligence Agency and the South African Secret Service.

The minimum wage has been increased to R21.69 for each ordinary hour worked, subject to certain stipulated minimum wages in respect of other workers, as follows:

– farm workers: R21.69 per hour

– domestic workers: R 19.09 per hour

– workers employed on an expanded public works programme: R11.39 per hour

– workers who have concluded learnership agreements contemplated in section 17 of the Skill Development Act 1998: entitlement to the allowances contained in Schedule 2 to the Act

1 March 2021

Employers must apply the new minimum wage.

The level of the potential financial sanctions on employers for not complying with the NMWA depend on whether the breach is a first or second offence and the value of the underpayment/employee's monthly wage.

Government Gazette Republic of South Africa

1 March 2021

Employers may consult with the competent local authority on whether any foreign national it intends to recruit satisfies the relevant requirements for the facilitation under the notice.

Under the "Notification + Commitment" mechanism, both the employer and individual shall be responsible for the authenticity of the individual's undertaking. In the case of any false undertaking, the relevant authority is entitled to cancel the work permit and may suspend the employer's application for work permits for its other foreign employees for a specified time period.

22 January 2021 (the document was made public on 24 March 2021)

Employers in Shenzhen should establish or review existing internal mechanisms/policies for the prevention of sexual harassment in accordance with the guidelines.

Employers may face civil liabilities in the event of any failure to take reasonable measures to prevent and handle sexual harassment in the workplace.

1 May 2021

Where an employer engages any HR service provider to post recruitment information, the employer must ensure the authenticity and legitimacy of the information/materials posted.

Employers may face administrative penalties in the event of a failure to provide truthful and legitimate recruitment information to the HR service provider.

Rest days (case law)

The Hong Kong District Court held that an employee who was not on shift but was required to answer the employer's call within one hour and be ready to work at any time, except for agreed annual leave periods, had not been granted any rest days. As the employment contract did not state whether rest days were paid, the employer was ordered to pay for all rest days for the duration of the employment.

Employers should clearly designate one statutory rest day for each seven day period. It is also advisable to state whether rest days are paid in the employment contract to avoid disputes.

Employers could face litigation and financial penalties if they fail to designate rest days.

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Reimbursement of maternity leave pay

Statutory maternity leave in Hong Kong has increased from 10 weeks to 14 weeks from 11 December 2020. Starting from 1 April 2021, employers can apply to the Reimbursement of Maternity Leave Pay Scheme ("RMLP Scheme") to seek reimbursement for this additional 4 weeks of maternity leave pay.

1 April 2021

Employers are required to pay the additional 4 weeks of maternity leave on the normal pay day before seeking reimbursement. Employers wishing to apply to the RMLP Scheme should pay attention to the deadline (being 3 months after the last day of the concerned employee's 14-weeks' statutory maternity leave; or 3 months after the commencement date of the RMLP Scheme (on 1 April 2021)), and follow the relevant application procedures.

Failure to comply with the application deadline and/or procedures may lead to rejection of the application and employers may not be able to receive reimbursement.

The Reimbursement of Maternity Leave Pay Scheme goes live

Breastfeeding discrimination

The Equal Opportunities Commission has published a guidance note in anticipation of a legislative change that will prohibit breastfeeding discrimination, including in employment.

19 June 2021

Employers should review their policies and consider whether to introduce a breastfeeding policy to ensure compliance with the upcoming change.

Employers could face a risk of discrimination claims in the event of any breach of the new law.

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Holiday entitlement

Hong Kong employers will be familiar with two types of holidays: the 12 statutory holiday days, which are mandatory for all employees, and the additional five general holiday days (often referred to as public holidays) which apply to a limited group. A bill published on 5 March 2021 will increase the number of statutory holidays from 12 days to 17 days in five stages from 2022 to 2030 and align the two types of holidays.

In five stages from 2022 to 2030

Employers providing only statutory holidays (rather than public holidays) will need to revise their policies to ensure that they grant all applicable statutory holidays.

Employers should also review their payroll systems to ensure that they accurately pay holiday in accordance with the daily average wage formula in the Employment Ordinance.

Employers may face criminal and civil liabilities if they do not grant employees statutory holidays in accordance with the applicable statutory requirements.

More Holidays in Hong Kong

COVID-19: Additional Measures for Newly Arrived Migrant Workers

To further reduce the risk of COVID-19 transmission from newly arrived migrant workers, the Multi-Ministry Taskforce (MTF) has decided to extend the post-Stay-Home Notice (SHN) 7-day testing regime to all newly arrived Work Permit and S Pass workers in Construction, Marine and Process (CMP) sectors from higher-risk countries/regions. Previously only those headed to dormitories needed to be subject to the additional 7-day testing.

5 February 2021

Applicable during the COVID-19 period until further notice.

Employers will have to factor in the additional 7-day testing regime which will take place after the workers complete their 14-Day SHN when employing new Work Permit and S Pass workers.

Employers should ensure compliance with the advisory for the 7-day additional testing regime, as any non-compliance may attract penalties such as criminal proceedings, work pass revocations and withdrawal of work pass privileges.

COVID-19: Migrant Worker Onboarding Centre (MWOC)

All newly arrived Work Permit and S Pass holders from the construction, marine shipyard and process sectors entering Singapore from higher-risk countries/regions will be onboarded at the MWOC. The MWOC is a one-stop onboarding centre that integrates Stay Home Notice (and additional 7-day testing regime) with medical examination and the Settling-in Programme.

15 March 2021

Applicable during the COVID-19 period until further notice.

Employers will have to factor in the additional costs of between S$750 to S$2,400 for onboarding its workers at the MWOC when employing Work Permit and S Pass workers in the relevant sectors.

Employers should ensure compliance with the advisory for MWOC as any non-compliance may attract penalties such as criminal proceedings, work pass revocations and withdrawal of work pass privileges.

COVID-19: Requirements for Safe Management Measures at the workplace

The tripartite partners (Ministry of Manpower, Singapore National Employers Federation, and National Trades Union Congress) have updated the workplace safe management measures to allow greater flexibility for businesses, while mitigating the risk of widespread COVID-19 transmission.

From 5 April 2021, up to 75% of employees may return to the workplace at any one time, up from the previous 50% limit.

5 April 2021

Applicable during the COVID-19 period until further notice.

Although working from home is no longer the default mode of working, the Singapore government still encourages employers to continue with flexible working arrangements.

Employers will have to review their workplace arrangements for business continuity purposes and should ensure compliance with the advisory for safe management measures at the workplace as any non-compliance may attract penalties such as a fine or imprisonment term.

A Home-Office in the sense of the regulations exists if the employee "regularly performs work at home". Excluded from the definition are those cases in which work performance is agreed away from a home, such as in a co-working space or in another public place (coffee house, park, etc.).

The employer must provide the employee with the “necessary digital work equipment”, including computer/laptop, mobile phone and internet. The conditions for the termination of the Home-Office agreement can be contractually agreed (including a limited time period – Befristung- arrangement).

1 April 2021

The new regulations do not provide a right to a Home-Office or an obligation to offer it. Employees and employers must therefore continue to reach an agreement on partial or complete Home-Office arrangements, which must be in writing.

If the employer does not provide the employee with the "necessary digital work equipment" and the employee has to use their own equipment, an appropriate (lump-sum) compensation must be paid. Payments made by the employer are tax free for up to 100 days in the amount of up to EUR 3 per day (maximum EUR 300 per year).

A criminal tribunal sanctions an employer for not preventing employee burn-out risks (case law)

The Brussels first instance criminal tribunal has issued a criminal fine of 8.000 EUR because a company did not take preventative measures in the context of Wellbeing at Work legislation. This criminal liability opens the door for civil damages. In this case, employees faced with too much work filed a request for a psycho-social intervention with the prevention service. The employer did not respond by taking the required preventative measures to avoid excessive work or to limit resulting damage, such as burn-out. An employee committed suicide after a period of burn-out.

Employers have an active role in safeguarding the wellbeing of their employees. If employees request the company to do an analysis of potential psycho-social risk and this reveals potential health and safety issues, the company must take preventative action.

The criminal tribunal condemned the employer for not acting.

It is rather exceptional for a criminal tribunal to effectively intervene in a wellbeing at work context. It shows that the threat of criminal sanctions is not just theoretical.

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New digital platform 'Working in Belgium' for the single permit procedure

Belgium will soon have a digital/electronic platform in order to facilitate information gathering and exchange by/ between the many different authorities involved in the single permit procedure. The purpose of this platform is to reduce the administrative workload, to facilitate information sharing and data exchange, and to reduce the processing time for applications.

16 March 2021 (following a cooperation agreement dated 5 March 2021)

Employers will be able to process their single permit applications digitally via the platform 'Working in Belgium'.

The practical roll-out is planned in 3 phases:

(i) test phase in April 2021; operational after test phase;

(ii) integrated electronic exchange between the platform and the authorities concerned planned to be operational by end of June 2021;

(iii) it is anticipated that the scope of applications via the digital platform will be extended to all work permits, professional cards and single permits for an indefinite period in 2022.

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COVID-19 measures: new obligation for employers to provide certain data on a monthly basis

Employers have to register monthly the total number of employees in the company per business unit and the number of employees who perform a function that cannot be performed by teleworking from home. The registration is made via the electronic registration system made available by the National Social Security Office on the social security portal site.

27 March 2021 (first registration date was due on 6 April 2021)

This registration concerns the number of employees on the first working day of the month and must be made by the 6th calendar day of the month. Registration must be carried out on a monthly basis.

 Employers who fail to fulfill the obligation (in a timely manner) may be sanctioned with either a criminal fine between EUR 400 and 4,000; or an administrative fine between EUR 200 and 2,000.

Registration web links:

Dutch

French

(Not available in English)

COVID-19 vaccine: time off/leave for vaccination

If an employee is vaccinated during working hours, the employee is entitled to 'short leave' for the time taken to be vaccinated. This includes not only being vaccinated but also time spent travelling to the vaccination center. The right to short leave also applies to any second or multiple injections.

9 April 2021

According to the rules, the employer is obliged to pay normal salary for this leave, which suggests that the salary for the hours of absence is calculated according to the legislation on public holidays.

If the vaccination takes place during working hours and the employee wants to make use of their right to short leave, they must inform the employer as soon as possible in advance of the absence, as soon as the time or schedule of the vaccination is known. Employers should therefore notify employees of this requirement. 

Failure to adhere to the requirements could result in action for non-compliance with the regulations on short leave.

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Special allowance for quarantined employees with COVID-19

If an employee is quarantined, they are entitled to wage compensation of up to 60% of their average salary. In addition, if quarantined due to COVID-19 or another infectious disease, the employee will receive an extraordinary contribution of CZK 370 per day, subject to the combined sum of the wage compensation and the allowance not exceeding 90% of the average salary of the employee.

The contribution must be paid to the employee by the employer. The employer will then be entitled to deduct the contribution amount from the premium paid by the employer for the employee each month.

Internal procedures dealing with the payment of wage compensation should be adjusted, including to take account of the deduction of the contribution from the premium.

A fine up to CZK 200,000 can apply in the event of breach of the requirements.

Izolačka

Mandatory COVID-19 employee testing

The general rule is that employers must arrange for employees to be tested so that no employee without a negative test older than 7 days is allowed to enter the workplace. Exceptions apply for employees who work from home, have undergone vaccination or had COVID-19 within the last 90 days.

The date from which the obligation applies depends on the size of the employer, as follows:

– employers with at least 250 employees – 3 March 2021

– employers with 50 to 249 employees – 5 March 2021

– employers with 10 to 49 employees – 17 March 2021

– employers with less than 10 employees – 28 March 2021

The employer is obliged to ensure that only employees with a confirmed negative test in the last 7 days enter the workplace.

The employer can arrange testing through a company doctor, an external medical service provider or with an approved self-test (performed by a lay person).

A fine up to CZK 500,000 can apply in the event of breach of the requirements.

Průvodce samotestováním ve firmách

Hiring a new employee after making organizational changes (case law)

The Supreme Court has ruled that if an employer dismisses an employee as a result of organizational changes (the job is no longer required) and, subsequently, the employer’s circumstances change, which could not have been anticipated, as a result of which it is necessary to hire a new employee for the same position, the original dismissal can still be valid. It is necessary to assess the circumstances that persisted at the time of the termination.

The decision is favourable for the employer, because the notice may still be valid.

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Extension of the Antivirus Job Retention Programme

The Programme has been again extended until 30 April 2021.

An employer can receive state aid: up to 100% (or up to 80%) of wages paid (Mode A Plus or Mode A) in the event of a forced closure of an establishment; or up to 60% of wages paid (Mode B) where the employer is unable to provide work due to COVID-19-related economic difficulties.

For the months of March and beyond, the allowance can only be provided for employees whose length of service is at least 3 months as of the date of submission of the application for the subsidy.

1 March – 30 April 2021

If a company has been affected by government measures regarding COVID-19 and work could not be assigned to employees, it may be able to apply for the subsidy, subject to time limitations and other conditions.

The subsidy will not be granted to late applicants.

Antivirus - podpora zaměstnanosti

Government proposal: Determination of the minimum wage

Based on a new bill, it is proposed to derive the monthly minimum salary for a calendar year from the last year’s average gross monthly salary in the national economy. In this way, in should be ensured that the minimum salary in the current year attains approximately 45% of the current average gross monthly nominal salary in the national economy.

1 July 2021 (if passed by Parliament)

Employers will be obliged to provide employees with at least the minimum salary determined according to the new rules. The minimum salary will change each year automatically.

If the automatic adjustment mechanism is introduced, it is expected that the minimum salary will increase by CZK 2,400 in 2022.

A fine of up to CZK 2,000,000 may be imposed in the event of breach of the requirements.

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Government proposal: Home office

Based on a new bill, enhanced regulation of remote working will be introduced. It will contain new rules such as: the specifics of a home office agreement, the possibility of scheduling work from home, a general ban on scheduling work between 8:00 p.m. and 6:00 a.m. and on weekends, provision of technical equipment and employees' explicit entitlement to reimbursement.

1 July 2021 (if passed by Parliament)

The new rules should be considered when implementing a home office regime.

A fine of up to CZK 2,000,000 may be imposed in the event of breach of the requirements.

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Government proposal: Annual leave

Based on a new bill, the amount of annual leave will be increased from the current 4 weeks to 5 weeks per annum.

1 January 2022 (if passed by Parliament)

Employers will need to ensure that they provide annual leave in accordance with the new rules.

A fine of up to CZK 200,000 may be imposed in the event of breach of the requirements.

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In accordance with a new Act and subject to some exemptions, employers who employ migrant workers must ensure that such workers are PCR-tested for COVID-19 after entry into Denmark.

This new Act builds on the existing right for employers to require employees to be tested for COVID-19 and to receive information regarding the test results.

2 February 2021

Employers must be able to evidence in writing that a COVID-19 test has been performed, but it is not a condition to provide the result of the test. If a migrant worker is exempt from the test requirement, the employer must be able to evidence that exemption.

Employers must notify employees at least 1 day in advance of the holiday contribution.

The EU is consulting on taking measures to ensure that European competition rules do not prevent collective bargaining by vulnerable self-employed individuals in order to support such workers to challenge pay and working conditions.

A draft Directive which aims to provide a framework to improve the adequacy of minimum wages across the EU is awaiting feedback from the EU Parliament.

Collective bargaining initiative: businesses reliant upon platform workers and self-employed contractors should monitor the EU’s proposals as they develop.

Minimum wage initiative: the proposal does not set an EU-wide minimum wage. However, if agreed, employers should anticipate greater focus on any gaps in Member States’ minimum wage provision (whether by collective bargaining or otherwise), the level of such wages and how they are enforced.

In the immediate term, no change. However, if both are agreed by the EU next year (2022), they should be risk-assessed by employers of lower paid employees and self-employed contractors.

The minimum wage initiative may be delayed, reflecting objections from both Denmark and Sweden reflecting concerns over how it will impact on their collective bargaining pay systems.

New laws on whistleblowing, casual workers and work-life balance due for implementation

Member States will progressively implement the three outstanding employment directives on: predictable working conditions; work-life balance and whistleblowing (read our summary of each directive).

2021-2022

All employers should expect to change their current practices relating to the provision of written statements to employees upon commencing work. Paternity, parental and carers and flexible working policies should be reviewed as national laws are amended to implement the minimum rights under the work-life balance directive. Furthermore, employers should anticipate significant change in whistleblowing regulation in some Member States.

It will be for each individual Member State to decide how rights under the directives should be enforced and what the legal sanctions should be for non-compliance. Whatever the legal consequences, there will also be reputational risks for defaulters.

Update zur Kurzarbeit: Anteilige Kürzung des Urlaubsanspruchs

The amount of the mandatory minimum wage and the guaranteed wage minimum has been updated as follows

mandatory minimum wage (minimum wage) for a full-time employee:

– if a monthly wage is applied, is HUF 167,400

– if a weekly wage is applied, is HUF 38,490

– if a daily wage is applied, is HUF 7,700

– if an hourly wage is applied, is HUF 963

guaranteed minimum wage for a full-time employee employed in a position requiring at least a secondary education or secondary vocational qualification:

– if a monthly wage is applied, is HUF is 219,000

– if a weekly wage is applied, is HUF 50,350

– if a daily wage is applied, is HUF 10,070

– if an hourly wage is applied, is HUF 1,259

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New Act on Labour Inspection

A new Act on Labour Inspection, Employment Services and Grants entered into force in Hungary, which replaced the “old” Act on Labour Inspection from 1996.

From 1 March 2021

The purpose of the new Act is to broaden the enforcement powers of supervisory authorities. The aim is to enhance the transparency of the economy by combatting undeclared work and ensuring the enforcement of minimum requirements in employment relationships.

Under the new Act, authorities may monitor employers' compliance with the minimum requirements and use of employment-related subsidies and grants. Employment supervisory authorities also have a general power to perform labour inspections without permission or notice.

Employers can take comfort from the Court's clear statements that:

(1) "an employer can terminate employment for any reason or no reason, provided adequate notice is given. This applies whether or not the dismissal occurs during the probationary period" and;

(2) "the principles of natural justice apply to cases involving dismissal for misconduct, but not to termination on other grounds".

This judgement affirms the value of a well drafted probationary clause in an employment contract.

Despite this judgment, employers may wish to consider potentially wider employment relations issues. Employees who do not have the one year’s continuous service generally needed to bring a claim under the Unfair Dismissals Acts 1977 - 2015 may nonetheless consider making a complaint to the Workplace Relations Commission or to the Labour Court under the Industrial Relations Act, 1969.

Recommendations issued under the Industrial Relations Act 1969 are consistently to the effect that a fair procedure must be applied in cases of dismissal during a probationary period. While such Recommendations are not enforceable in law, they can give rise to employment relations issues, particularly in unionised environments. Labour Court Recommendations can also give rise to publicity, as the names of the parties are not anonymised.

Family leave

The Family Leave and Miscellaneous Provisions Act 2021 Act entitles working parents to an additional three weeks' parent's leave for each parent. Parents are now entitled to take a total of five weeks' paid leave in the first 2 years of their child’s life or adoption placement.

The 2021 Act also amends the Adoptive Leave Acts 1995-2005 so that jointly adopting couples can decide which of them will avail of adoptive leave. Previously only the adopting mother could take adoptive leave; whereas an adopting father could only avail of adoptive leave where he was the sole adopter or where the adopting mother had died. This amendment also rectifies a previously anomaly in the law which meant that jointly adopting male same-sex couples were unable to avail of adoptive leave.

The parent who is not availing of adoptive leave, will be entitled to leave under the Paternity Leave and Benefit Act 2016.

25 March 2021

Employers should update their family leave policies to reflect the most recent changes in parent’s leave and adoptive leave, and also capture the increase to parental leave in September 2020.

Employees may take a claim to the Workplace Relations Commission if they are not afforded the relevant family leave entitlements.

Right to disconnect

The Workplace Relations Commission Code of Practice for Employees and Employers on the Right to Disconnect (Code) states that the right to disconnect is an employee’s right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails, telephone calls or other messages, outside normal working hours. There are three key elements:

1. A right not to routinely perform work outside of normal working hours (including refraining from engaging in work-related emails, calls or messages).

2. A right not to be penalised for refusing to attend to work matters outside of normal working hours.

3. The duty to respect another person’s right to disconnect (e.g. by not routinely emailing or calling outside normal working hours).

1 April 2021

Employers should consider undertaking a review of their working time policies and contract clauses and consider implementing a Right to Disconnect Policy addressing issues surrounding the right to disconnect through awareness and training where required.

Failure to follow the Code will not be an offence, although Irish employment legislation provides that in any proceedings before a court or the WRC, a code of practice will be admissible in evidence. Any provision of the Code which appears to be relevant to any question arising in the proceedings will be taken into account in determining that question.

A ban on dismissals due to economic reasons (individual or collective) has been extended to 30 June 2021. The ban does not apply in the event of business closure (without any partial continuation or transfer to a third party).

The ban is also extended further, to 31 October 2021, for employers utilising furlough (i.e. Cassa Integrazione Guadagnai in Deroga (CIGD) or Assegno Ordinario) for reduction or suspension of working activity due to COVID-19.

Working from home

Until 30 April 2021 employers can implement working from home in the absence of the individual agreement of the employee.

Until 30 April 2021

This change will facilitate working from home in light of the COVID-19 pandemic. However, employers should bear in mind that they are still required to provide employees with INAIL, information regarding health and safety whilst working from home.

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Vulnerable workers

The period during which vulnerable workers (i.e. those certified as having conditions resulting in depressed immunisation) can be subject to exceptional health reviews instigated by the employer in order for a medical professional to determine their suitability to perform working activities, is extended to 30 April 2021. In addition, until 30 June 2021, vulnerable workers can undertake different roles within the same category/classification or specific training activities, and/or can work from home. Where work cannot be performed from home, the vulnerable worker can remain absent on medical grounds and the absence will not be counted for the purpose of the grace period (periodo di comporto).

1 January to 30 April 2021 and to 30 June 2021

Where an employer does not have a competent doctor already appointed, it can appoint one for the emergency period or can make a request to INAIL, which will make available its competent doctors.

Employers who breach the health surveillance at workplace requirements may be subject to penalties.

Furlough

In the event of reduction/suspension of business activity due to the COVID-19 pandemic, businesses may apply for a further period of furlough: (i) 28 weeks to be used in the period between 1 April 2021 and 31 December 2021 in the form of Cassa Integrazione Guadagni in Deroga (CIGD) or Assegno Ordinario (FIS) support measures; and (ii) 13 weeks to be used in the period between 1 April 2021 and 30 June 2021 in the form of Cassa Integrazione Guadagni Ordinaria (CIGO).

1 January 2021 to 31 December 2021

Employers should ensure that applications for support measures are made in the correct format and for the correct periods.

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Fixed-term employment contracts

Until 31 December 2021 it is possible to renew or extend once and for a maximum of 12 months fixed-term contracts in the absence of mandatory reasons (so-called causali).

1 January 2021 to 31 December 2021

Employers should note that after 31 December 2021 the extensions/renewals of fixed-term employment contracts will be subject to ordinary rules. The maximum overall duration of any fixed-term contract is 24 months.

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COVID-19 vaccination – data protection

A Q&A document issued by the Data Protection Authority regarding COVID-19 vaccination has confirmed that the vaccination data of employees cannot be lawfully required/obtained by employers. Only a competent doctor may know the relevant data and process it to assess the ability of employees to perform work activities.

17 February 2021

Employers should note the guidance issued by the Data Protection Authority and ensure that requests are not made to employees for data regarding vaccination. At present, employers cannot require employees to be vaccinated, although they may promote voluntary vaccination.

Employers risk data protection breaches if they do not adhere to the Data Protection Authority's guidance. Data protection breach may entail also consequent administrative sanctions to be paid by employers.

COVID-19: Update of anti-contagion National Protocol

This Protocol ensures adequate levels of protection for workers at workplaces. In particular, it recommends measures such as maximising working from home; encouraging the taking of holiday or paid leave; suspending the activity of non-essential departments; encouraging sanitation operations; limiting movement within sites; and the use of respiratory protection devices in common areas. In addition, the Protocol regulates matters such as information for anyone entering the company premises; temperature checking; cleaning/sanitation procedures; and the use of PPE.

6 April 2021

Employers should familiarise themselves with the Protocol and take steps to adopt the measures.

Breach of anti-contagion Protocol may result in administrative sanctions and the suspension of business activity until the health and safety protective measures are restored.

National Workplace Vaccination Protocol

Employers can implement a company program for the creation of vaccination points at the workplace, offering voluntary vaccination to employees. Any such program will be regulated at regional level, taking into account the number of vaccines available and other requirements, such as the program being based in the territory of the Health Authority providing the vaccines and being suitably organised and resourced to operate safely and effectively (including providing for the recording of vaccinations).

6 April 2021

Once the competent Health Authority has confirmed the availability of vaccine doses and checked if the requirements are met, the competent doctor or the health personnel identified by the employer will be responsible for collection and distribution. Using forms made available at the national level, the company doctor or health personnel must provide employees with adequate information on the benefits and risks associated with vaccination and on the specific type of vaccine as well as obtain the employee's consent to receive the vaccine.

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Job-related training (case law)

The Supreme Court of Lithuania has ruled that an employee’s failure to undergo periodic training in order to extend a required driving qualification did not constitute gross misconduct. In this case the parties to the employment contract did not agree that it was the employee’s duty to undergo periodic training and the employer did not assist the employee in undergoing the training.

24 February 2021

Employers should review relevant employment contracts with drivers and local regulatory acts. Where a specific valid qualification is required for the job, an employer should assist its employees to undergo training and acquire or extend the required qualification, including, potentially, financial support.

Dismissal for a failure to undergo required job-related training, without assisting the employee with the training, may be deemed unlawful.

Proposed new law regarding the right to disconnect

An amendment to the Labour Code of the Republic of Lithuania is proposed, to provide that an employee who works remotely (including a teleworker) has a right to disconnect and be uncontactable by an employer after working hours, at night, on rest days and bank holidays, unless the nature of their job requires otherwise.

1 July 2021

The draft law has not yet been adopted. The new provision would require all employers to refrain from contacting employees after hours.

Sanctions for a breach of this requirement not provided yet.

Proposed new law regarding employee pay methods

An amendment to the Labour Code of the Republic of Lithuania is proposed to provide that salaries and other employment-related payments must be paid by transfer to a payment account specified by the employee.

1 January 2022

The draft law has not yet been adopted. The new provision would require all employers to abandon cash payments.

Sanctions for a breach of this requirement not provided yet.

Legislative proposal: working from home

The Dutch Council provided an urgent response to the Government's "Work where you want" legislative proposal, to facilitate consideration of a stronger legal position for employees wishing to request to work from home, especially given the COVID-19 pandemic. The legislative proposal is currently pending in the House of Representatives. It is not yet clear if the "Work where you want" Act will be adopted, and if so, when.

Currently unknown

If adopted, the Act will amend the Flexible Working Act, limiting the grounds on which an employer can refuse an employee’s request to work from home.

Failure to comply risks employee disputes/litigation.

Status (case law)

The Court of Appeal of Amsterdam held that the relationship between Deliveroo and its delivery drivers was one of employment even though the drivers were formally engaged as independent contractors. Taking account of the factual circumstances, including the ‘fee’ arrangements and that the drivers were controlled through algorithmic management, the Court of Appeal concluded that the drivers were working under a contract of employment.

16 February 2021

No immediate action is required. However, companies should take into account the risks associated with engaging independent contractors, including that this topic is currently subject to public scrutiny in the Netherlands.

Financial penalties and reputational risk in the event of misclassification.

On-call contracts

Employers must offer on-call employees fixed hours once they have been engaged for 12 months and must do so within 2 months of that anniversary (the 'statutory commencement date').

1 July 2021

Employers will have limited opportunity to delay the introduction of fixed hours once an engagement has lasted 12 months.

Failure to offer an on-call employee a fixed number of working hours by the statutory commencement date will lead to the obligation for the employer to pay additional pay from that date (if claimed by the employee) and risks payment of the statutory increase of up to 50% for late salary payments.

Following the roll-out of a pilot online employment status tool, by which employers can assess the status of an assignment (i.e. an employment agreement or an agreement for services), the government is expected to decide if and from when it will re-start enforcement action against disguised employment.

October 2021 (it is currently expected that phased enforcement will restart on this date at the earliest)

Employers can use the pilot to assess the risk of challenge to independent status and a potential liability to pay (wage) taxes and/or social security contributions resulting from "disguised employment" and/or "misclassification".

As the results of the online module are merely indicative, employers cannot rely on them entirely to determine status and may still be held liable to pay (wage) taxes and/or social security contributions where an independent contractor is found subsequently to have "disguised employment". Employers should further note that once enforcement against disguised employment restarts, this will no longer be limited to situations in which companies do not follow the directions from the Dutch Tax Authority and/or in cases of malice.

The Supreme Court held that the threshold for dismissal of an employee during their trial period is lower than after its expiry. During recruitment interviews, the employer is responsible for supplying information that is relevant to the vacancy, although the employee must not provide directly misleading information. If the employee has misrepresented themselves during the interview process, this may be grounds for dismissal, but their misrepresentation must be clearly in bad faith.

18 March 2021

The employer has the primary responsibility for clarifying the role specifications and should be thorough when checking the employee's credentials and background. Employers should ensure interview questions are lawful, for example, the employer must not enquire about a candidate's religion, pregnancy, ethnicity, disability, or sexual orientation. If dismissal can be justified, and is necessary, it should be notified during the trial period.

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The court of the second instance found that a dismissal was justified, with the conditions for dismissal without notice (disciplinary dismissal) being met, where an employee concealed information about having travelled abroad during a period of heightened epidemic risk. The court found that the withholding of information about the foreign trip amounted to endangerment of other employees.

29 January 2021

No immediate implications for or action needed by employers. It is worth noting, however, that in similar cases the nature of the workplace, its organisation and the actual risk actually generated by the employee's behaviour will also need to be taken into account.

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A new legal right for employers to temporarily reduce the working hours of employees under certain conditions, up to a maximum of 80% of the daily, weekly or monthly duration stipulated in the individual employment contract. All the other rights of the employees remain in force, as per the provisions of the individual employment agreement or the collective bargaining agreement.

The new right applies during the relevant period (state of emergency/alert/siege) and thereafter for a period of up to 3 months.

Emergency Ordinance no. 26/2021 amends and supplements GEO no. 111/2010 on leave and monthly allowances for raising children.

The most important proposed amendments are as follows:

– the Government approved the increase of the insertion (return to work) incentive, from RON 650 (approx. EUR 132) to RON 1,500 (approx. EUR 305) if the parent returns to work before the child is 6 months’ old, or 1 year in the case of a disabled child. This allowance is available until the child reaches the age of 2 years (or 3 years in the case of a child with disabilities)

– an insertion incentive of RON 650 (approx. EUR 132) is granted for:

(i) parents who return to work at any time after the child reaches the age of 6 months (1 year in the case of a disabled child), until the child reaches the age of 2 years (3 years in the case of a disabled child)

(ii) parents who return to work after completion of their parental leave, until the child reaches the age of 3 years (4 years in the case of a child with disabilities)

– an insertion incentive of RON 650 (approx. EUR 132) is also introduced for parents returning to their professional activities during the period in which they would be entitled to benefit from childcare leave in relation to a child with disabilities aged between 3 and 7 years

Paid annual vacation schedules

The Federal Labor Office has clarified that annual vacation schedules should show the monthly distribution, within the calendar year, of paid annual vacation for employees of all departments or divisions within an organization. The Federal Labor Office further confirmed that the schedule of vacations is a local normative act (local policy).

15 February 2021

Employers should take these clarifications into consideration.

Employers may face administrative liability for violation of employment legislation.

Details of employment in an electronic employment record

Amendments have been made to the Law on Personal Identification Accounts, providing for registered persons to be able to ask Pension Fund bodies to include information on employment for periods of work up to 1 January 2020 in their personal account.

7 March 2021

Employers should ensure any electronic employment information recorded in their records is accurate.

Employers should be aware of the possibility of inspections by the Labour Inspectorate in the case of discrepancies.

Vacation times for employees with large families

A new federal law has updated the provisions for granting annual leave to employees with three or more children. Previously, only employees with three or more children under the age of twelve were given the benefit of choosing a vacation time convenient to them, which the employer could not refuse. Now the range of beneficiaries has been expanded: employees with three or more children under the age of eighteen will have the right to choose a convenient vacation time until their youngest child reaches the age of fourteen.

9 March 2021

Employers should update vacation policies to take account of this change.

An employer will face administrative liability for illegal refusal of vacation.

Trial of unified identification and authentication system

The Government has commenced a trial to identify and verify information about users of internet resources via a unified identification and authentication system. This will make it easier to remotely enter into contracts, select staff, and perform other legally significant actions with those who are registered on this system.

From 1 April 2021 to 1 July 2022.

Any citizens, sole proprietors or legal entities will have the right to participate in the Government trial, although how to join has not yet been confirmed.

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Moral harm compensation

Draft legislation has passed its third reading which will establish that disputes about compensation for moral harm due to unlawful action (or inaction) by employers will only be considered by the courts. There will be two options for employees when they wish to claim compensation: (1) to combine this with a claim for restoration of rights; or (2) making a claim within 3 months after the entry into force of a court decision, which fully or partially restored the rights.

16 April 2021

If the violation of the employee's rights has already occurred, there are certain steps that employers can take to mitigate any court action and/or penalty, including rectifying the violation. This may avoid court action or reduce the element of employer fault when calculating compensation.

Usually, compensation for moral harm caused to an employee takes the form of a financial penalty on the employer.

Special register of labor protection requirements

The Federal Service for Labor and Employment (Rostrud) will include mandatory labor protection requirements on an electronic public register to ensure greater transparency of labour protection requirements for employees.

After 30 April 2021

Employers should ensure that they adhere to all labor protection requirements.

Employers may face administrative liability and financial penalties.

Employee first aid kit requirements

New requirements for the complete set of medical products for first aid kits for employees include disposable medical masks and gloves, a Mouth-Device- Mouth artificial respiration device, medical gauze and other specific equipment (including specific number of items and sizes).

1 September 2021

Employers should ensure first aid kits meet the new requirements. The use of existing first aid kits is permitted until 31 August 2025, unless they expire earlier.

For violation of employment legislation employers may face administrative liability.

Right to disconnect

An amendment to the Labour Code provides employees with the right to disconnect (right to be offline). Employees performing domestic work and telework have the right to disconnect outside working hours, during obstacles at work and during holidays.

1 March 2021

Employers should ensure that the taking of the right to disconnect is not considered a disciplinary issue. Internal policies should be updated to reflect the new right.

A fine in the maximum amount of EUR 200,000 issued by the Labour Inspectorate may be imposed in the event of a breach of the requirements of the Labour Code. Should the violation continue, employee disputes may arise and they may even lead to litigation.

Amendments to the regulation of domestic work/telework

The extent to which domestic work/telework may be performed outside an employee´s household may be agreed between the employer and employee and that place of work can be determined unilaterally and autonomously by the employee. The employer has responsibility for scheduling the working time for domestic work/telework, unless expressly agreed otherwise by the parties. Employees performing domestic work/telework must be allowed to enter the workplace in order to prevent isolation and ensure their equal treatment. Employees have a right to be reimbursed for their increased costs due to the use of their own equipment.

1 March 2021

Employers must ensure compliance with the new law, including providing reimbursement for the employees using their own equipment; ensuring equal treatment between employees working remotely and those working from the workplace; and preventing isolation of employees performing domestic work and telework.

As above (financial and litigation risk in the event of breach of the Labour Code).

Parental rights

An amendment to the Labour Code introduces the concept of an employee permanently caring for a child. That concept includes an employee who personally takes care of their own child, an employee with joint custody with another parent and an employee that takes care of a child as a result of a decision of the competent authority. Employees permanently taking care of a child are entitled to at least 5 weeks paid leave.

1 March 2021

Employers should ensure compliance with the updated legislation. Family-related leave policies may need to be amended.

As above (financial and litigation risk in the event of breach of the Labour Code).

Trade union recognition

The condition for the operation of a trade union at the employer site is based on the employment of members by the employer, unless the trade union agrees otherwise with the employer. If it is unclear whether the trade union which is active or which requests to be active at the employer has any members employed by the employer, a special arbitration proceeding can be initiated, pursuant to which an arbiter appointed by the Ministry of Labour determines the issue. Prior to this amendment, a trade union could operate at a site even though no employees of that site were members of the trade union.

1 March 2021

Employers should note the possibility of arbitration proceedings to clarify whether there is sufficient workforce representation for trade union recognition.

Apart from the usual risks of trade union organization at an employer site (for example, the increased possibility of negotiation of terms and conditions) no immediate employer risk results from this amendment. The amendment simply clarifies the position where there was previous uncertainty on trade union representation.

Amendments to statutory food voucher provisions

Employees working for an employer that does not provide meals in their own or contracted facilities are given the choice between a meal voucher or a financial allowance for meals. Employees are bound by their selection for 12 months from the date of the selection. An exception applies if the employer has a so-called “Gastro tickets” concluded contract, in which case the employer is not obliged to give employees a choice until the expiration of the contract, no later than 31 December 2021

1 March 2021

Employers should update their catering policy and update internal systems to allow employees a choice between meal voucher or financial contribution.

Failure to ensure that the food voucher/financial compensation amount is in accordance with the minimum statutory value can result in claims. A fine issued by the Labour Inspectorate may be imposed.

Working time - business trips

An amendment to the Labour Code means that flexible working hours do not apply on the day of a business trip. In such cases, the employer determines the precise beginning and the end of the work shift. This rule does not apply if the business trip is exclusively within basic working hours or if the employer and the employee agree otherwise.

1 March 2021

Employers should ensure that working time determination complies with the updated rules regarding business trips.

As above (financial and litigation risk in the event of breach of the Labour Code).

Probationary periods

An amendment to the Labour Code allows for the possibility of extending the probationary period by the period of any all-day obstacles on the part of the employee.

1 March 2021

The probationary period is automatically extended by the number of days in which the employee was not able to work the whole shift due to obstacles on the employee's part. No action needed.

No risk for the employer.

Accidents at work

A new fine structure applies for breach of obligations under a collective agreement or applicable laws, where the breach resulted in an accident at work that caused serious injury.

1 April 2021

Employers should review obligations in collective agreements and applicable health and safety laws and ensure adequate protections are in place.

Under the new structure, fines of at least EUR 20,000 or least EUR 33,000 in the event of death.

New reason for dismissal

A new reason for termination of employment by notice is introduced by an amendment to the Labour Code. Employers may terminate the employment, on notice, of an employee who has reached the age of 65 and who is entitled to old age pension.

1 January 2022

Employers should review internal policies to take account of this new ground for dismissal.

For this notice reason to be applicable, both conditions must be fulfilled – an employee has reached 65 years of age and is entitled to old age pension. Should the dismissal occur without fulfilling of these conditions, the dismissed employee may bring action for unfair dismissal.

Legislative proposal on employer financial support

This new proposal is to incorporate the state support regime for part-time work into the Slovak legislation on a permanent basis (i.e. not just during the COVID-19 pandemic or other specific situations).

In summary, state support will be provided for the payment of compensation of employees’ salary where the employer is unable to assign work to employees to the originally-agreed extent due to various external reasons which the employer cannot affect or prevent, such as supply chain failure.

The support currently proposed is 60% of the average hourly earnings of the employee, capped by a mechanism. In its currently-proposed form, the application of that mechanism would mean a cap of EUR 7.53 per hour or EUR 1,310.39 per month respectively.

1 January 2022, if passed

No action needed at present.

If the proposal is adopted, it would give employers another option for managing an adverse economic situation, without the need to terminate employment.

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The Swedish Work Environment Authority has published guidance for employers in relation to the pandemic, which mainly consists of a summary of existing obligations and recommendations from a general work environment perspective (but explained in light of the pandemic).

The Swedish Work Environment Authority has also published recommended actions for employers to take to ensure a safe work environment for those who work from the office.

Risk of administrative (Swedish Work Environment Authority sanctions), criminal (fines) and in some cases civil liability (damages) for breach of workplace safety requirements.

If the Swedish Work Environment Authority assess that there is a risk of new incidents or accidents, the Authority can also place an immediate ban on the employer until measures have been taken to remedy the matter.

Stöd i arbetsmiljöarbetet under covid-19-pandemin

Smittrisker på arbetsplatsen

Korttidsarbete 2021

Finansdepartementet remitterar förslaget till nedstängningsstöd

Since 1 January 2021, employees taking care of family members in need of care have had an extended entitlement to paid leave.

The new Federal Law Act on the Improvement of the Compatibility of Gainful Employment and Family Care implemented the continued payment of wages in the event of short absences, extended care credits in the old-age and survivors’ insurance AHV and adjusted the entitlement to the intensive care supplement and the helplessness allowance of the disability insurance IV for children.

As a second stage, a 14-week paid leave for taking care of seriously ill or injured children is coming into force. The leave may be taken within a period of 18 months, either as single day or consecutive days.

Employment status (case law)

The UK Supreme Court decided in favour of Uber drivers having worker status, reflecting the purpose of the legislation (to protect vulnerable workers) and the degree of control, subordination and dependency on the facts.

19 February 2021

Employers who engage individuals on a non-employed basis should consider carrying out a review and risk assessment, in particular taking account of the degree of control exercised by the putative employer.

Potential risks of misclassifying the status of workers includes liability for failure to pay the statutory minimum wage and potential pension auto-enrolment and holiday pay entitlements.

UK Supreme Court decides Uber taxi drivers are workers

National minimum wage and sleep-in shifts (case law)

The Supreme Court found that where workers undertake sleep-in shifts by arrangement, they are entitled to be paid the national minimum wage only for the hours when they are awake for the purpose of working and not for the time spent sleeping.

19 March 2021

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The outcome in this case limits the potentially significant claims against employers for back pay in respect of sleep-in shift time. However, employers should note that sleep-in care workers will continue to be entitled to be paid whenever they are awake and carrying out their duties

Supreme Court rules on national minimum wage for sleep-in workers

Cap on Public Sector Exit Pay

Regulations came into force in November 2020 regarding the imposition of a financial cap on public sector termination payments. However, in February 2021 the revocation of those Regulations was announced and new Regulations came into force in March 2021 revoking the cap.

19 March 2021

Public sector employers should review employee terminations between 4 November 2020 and 19 March 2021 to assess whether any additional sums are due.

Potential risk for additional sums that would have been paid but for the cap. However, such sums may not always be straightforward to quantify.

Public Sector Exit Payments Regulations to be revoked

Equal pay (case law)

This long-running case involves equal pay (i.e. equal value) claims by female shop floor workers claiming the same pay as male workers in distribution centres. The Supreme Court determined that the claimant workers are able to compare their pay with that of workers based at different establishments.

26 March 2021

None at present. A final outcome is not expected for some time to come.

None at present. Establishing comparators is just the first hurdle in this fact-sensitive and long-running litigation.

Equal pay: Asda Stores Limited v Brierley and others

IR35

Responsibility for determining the tax status of workers who supply their personal services via an intermediary, such as a personal service company, is transferring to many private sector end user organisations (under the extension of tax rule IR35). Technical guidance has been published by HMRC.

6 April 2021

Failure to comply with the new requirements could result in liability for any underpaid employment taxes, penalties and reputational risk.

IR35 guidance materials

Protection from detriment in health and safety cases (Northern Ireland)

The Economy Minister has announced new legislation which extends protections against detriment in health and safety cases to workers in relation to any action they may take to protect themselves or others where they reasonably believe there is serious and imminent danger in their place of work. At present, the protections cover only employees.

31 May 2021

Given the ongoing COVID-19 pandemic, this is a significant change. As a minimum, employers should ensure that their policies are updated and line managers are briefed.

Potential employee relations issues if policies and procedures are not updated in line with the new legislation.

Ethnicity pay reporting

A consultation in relation to a proposal to introduce ethnicity pay reporting closed in January 2019, with the outcome yet to be released. The Commission on Race and Ethnic Disparities has now reported, but it has not recommended the introduction of mandatory ethnicity pay gap reporting. Instead, it suggests that where organisations report on a voluntary basis they should also publish a diagnosis and action plan.

Currently unknown

Some companies in the UK have already started voluntary ethnicity pay gap reporting. For those that have not already done so, consideration should be given to a voluntary approach and associated measures, including what ethnicity data is collected, how, and steps to encourage workers to share data.

Failure to ensure effective diversity and inclusion within a workplace could result in grievances and potential litigation.

Bridge the gap guide

Ethnicity pay reporting briefing

The report of the Commission on Race and Ethnic Disparities

Introduction of parental bereavement leave and pay (Northern Ireland)

The Minister has announced the Executive’s intention to introduce parental leave and pay in Northern Ireland. It is anticipated that if introduced, the provisions will mirror those already in place in Great Britain - a statutory entitlement to one or two weeks’ leave (and in some cases pay) following the loss of a child under the age of 18, or a stillbirth after 24 weeks of pregnancy.

Currently unknown

Employers should continue to monitor for developments. If introduced then Northern Ireland policies and procedures will need to be updated.

Potential employee relations issues if policies and procedures are not updated once the new entitlements come into force.

Minimum wage

The Ministry of Administrative Development, Labour and Social Affairs (“MADLSA”) has announced the new minimum wage rate of 1,000 Qatari riyals (QR) for all workers and domestic workers. In addition, in the event that adequate housing and food for the worker or domestic worker are not provided, the minimum housing allowance is 500 QR, and the minimum food allowance is 300 QR.

20 March 2021

Employers should take note of the new minimum wage and amend existing employment contracts to take account of the new requirements.

Failure to comply with the new minimum wage requirements risks sanctions/fines being imposed by the MADLSA.

https://www.adlsa.gov.qa

California COVID-19 Paid Sick Leave Requirement

As state legislatures continue to grapple with COVID-19, California has approved a paid sick leave requirement for employees impacted by the pandemic. This paid sick leave applies to employees of employers with 25 or more employees.

1 January 2021

California employers should confirm that it is in compliance with the leave provision, and other administrative aspects including notice and reflection of the leave in itemized wage statements.

The retroactive nature of the leave law creates a burdensome administrative hurdle for many employers since U.S. employers do not typically track the reason for an employee’s leave. Employers also face potential liability if an employee were to claim that the law entitles them to wages for an unpaid leave that they took earlier this year.

New York COVID-19 Vaccine Paid Leave

The New York legislature has passed a law that entitles New York employees to receive paid leave to receive their COVID-19 vaccine.

12 March 2021

New York employers should ensure that they provide the leave to employees who wish to take the vaccination, and should be administratively prepared to handle leave requests.

Failure to provide the leave could result in back pay and other damages.

Florida’s protection against COVID-19 liability

Florida has signed a new law that provides employers with protections against COVID-19 lawsuits, provided that they can show they made a good faith effort to follow pandemic prevention guidelines.

29 March 2021

Employers should confirm that they have taken all reasonable steps to comply with federal, state, and local health and safety guidelines to protect its workforce against the pandemic.

Failure to comply with guidelines could expose the entity to the risk of litigation.