As we step into another year and review the landscape ahead, we have rounded up our most recent updates and resources from across the globe to help employers prepare for 2022. The pandemic continues to shape workplace policies and practices, with an increasing move towards Mandatory Vaccination for workers, continued hybrid and remote working arrangements, ongoing changes to travel restrictions and more. Meanwhile, legal frameworks are evolving as governments step up their inclusion and diversity agendas, with Pay Transparency gaining traction in the US, a proposed Pay Transparency Directive on the horizon in Europe and the Work-Life Balance Directive due to be implemented this year.

Baker McKenzie’s Global Employment & Compensation Group presents the 2021-2022 edition of The Global Employer Termination Handbook.

On 10 November 2021, Decree 10,854 was published, addressing several infra-constitutional labor provision on various topics, such as food vouchers, registration before the Workers Feed Program, and transportation vouchers, as well as bringing new labor regulations, such as the Permanent Program for the Consolidation, Simplification and De bureaucratization of Infra-Legal Labor Regulations, and the Electronic Labor Inspection Book.

Bill of Law No. 2058/2021 (BL), initiated by the Chamber of Deputies on 06/07/2021, proposes amendments to the recent and controversial Law No. 14.151/2021, which deals with the removal of pregnant employees from on-site work during the public health emergency of national importance due to the new coronavirus. The BL specifically regulates (i) telework (ii) remote work and/or (iii) other forms of non-presential work, specifically with regard to pregnant employees.

Due to the pandemic and social distancing measures, employers and employees are making use of communication apps to convey changes in the work routine and even termination of the employment agreement. As a result, many lawsuits have been filed before labor courts challenging the use of communication apps for these purposes.

Latin America has been undergoing COVID-19 vaccination developments on many fronts. The news that a vaccine is finally becoming a reality presents organizations with the possibility of returning to business as normal. While governments and health organizations are still pushing forward their vaccination programs, with regulatory approvals still pending in most countries, there is uncertainty about the timing, viability, and availability of a vaccine. All this has been resulting in many issues arising on employer-mandated vaccinations across many industries in their business operations.

We are advising employers on the permissibility of vaccine mandates in particular jurisdictions, the ability to require proof of vaccination (including data privacy considerations), how to treat employees who refuse vaccines, workplace health and safety requirements, and much more.

An Employment & Compensation Practice and Healthcare & Life Sciences Industry Initiative
With major vaccine developments in Latin America, including kick-offs for vaccine campaigns, employers should consider whether a vaccination policy is right for their workplace, keeping in mind that such policies implicate a broad range of employment laws and regulations, and that many of these vary from country to country.

Our four-part webinar series is your passport to ensure that your organization is up to speed on the key labor and employment issues affecting business operations in Europe, the Americas, Asia Pacific, and the Middle East and Africa.
In each regional 60-minute webinar recording, our in-market presenters discuss the most recent developments and challenges impacting employers and share legal updates, practical tips and takeaways for companies to action now.

Executive Order no. 1,045 was issued today, implementing the New Emergency Program for Maintenance of Jobs and Income in Brazil. The order contains additional employment-related measures in response to the COVID-19 pandemic and reinstates some of the provisions previously contained in Executive Order no. 936, which was converted into Law no. 14,020/20.