The Court of Appeal has overturned the Employment Appeal Tribunal’s decision which had read down section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) to give workers who participate in industrial action protection from action short of dismissal. The court confirmed that the protections in TULRCA, as drafted, do not extend to preventing employers from taking such action in response to striking employees. This means that a decision to potentially remove discretionary benefits from employees participating in industrial action would no longer give rise to a standalone claim under TULRCA.
In brief
• New parental and elder care leave requirements implemented throughout China
• New regulations allow employers to request criminal record searches of certain candidates and employees
• Regulations on vocational school interns undergo major revisions
• Latest amendments to Labor Union Law emphasize party leadership
• Guangzhou city further clarifies procedures for implementing mass redundancies
• Guangdong province implements new regulations concerning the human resources services market
• Supreme People’s Court holds ex-employees liable for infringement of former employer’s trade secrets
• Beijing court rejects employee’s claim that “proof of termination” affected his future employment prospects
On 4 March 2022, the Government approved the Draft Law on the protection of persons who report infringements of regulations and the fight against corruption, aimed at transposing Directive (EU) 2019/1937 on whistleblowers’ protection.
Slapping a colleague at an event is grounds for dismissal in most jurisdictions. Employee conduct at social gatherings and events generally does not escape the reach of their employer’s right to discipline and terminate for cause. In South Africa, the recently published Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (“Code”) guides employers and employees in managing harassment at work and clarifies that the use of physical force or power is a form of harassment, albeit not its only manifestation.
Baker McKenzie’s Sanctions Blog published the alert titled EMEA Mobility minutes: Immigration measures for Ukraine on 21 March 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
In 2021, the government commissioned Dr. Tony Sewell to chair a new Commission on Race and Ethnic Disparities (CRED) to investigate race and ethnic disparities in the UK. CRED published its report into its findings in March 2021 which set out 24 recommendations to forward 4 overarching aims: (i) to build trust between different communities and the institutions that serve them, (ii) to promote greater fairness to improve opportunities and outcomes for individuals and communities, (iii) to create agency so individuals can take greater control of the decisions that impact their lives, and (iv) to achieve genuine inclusivity to ensure all groups feel a part of UK society.
On 16 March 2022, the Luxembourg Parliament adopted a draft bill amending the Luxembourg Labor Code to involve staff delegations when introducing or modifying a specific telework scheme at a company level.
In an article for Compliance & Risk Journal, Kim Sartin and Rachel Farr discuss the tricky course employers have to navigate in a shifting compliance landscape and explain what to focus on in 2022.
While the pandemic has disrupted business operations across the globe, Latin America is emerging as a promising destination and many companies are setting their sights on the region. More and more, companies are keen to understand what they need to know when expanding in Latin America from an employment perspective and how obligations and risk vary from jurisdiction to jurisdiction.
The new year, 2022, has officially started with the launch and coming into force of novel legal policies that may impact the operations in general and workforce in particular of enterprises in Vietnam, especially those with foreign employees. This post highlights these developments.