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In Mondelez Australia Pty Ltd [2018] FWC 2140 the Fair Work Commission (Commission) confirmed shiftworkers are entitled to 10 days of personal/carer’s leave to be taken and accrued as a daily entitlement based on the hours ordinarily worked by a particular employee in a day. As a result, shiftworkers are entitled to payment for the full duration of their shift whilst on personal/carer’s leave rather than a standard 7.6 hours per day. The Fair Work…
The occurrence of certain events in an employee’s personal life may give rise to authorized leave for family reasons, particularly in case of bereavement. The French labor code provides for a list of events entitling an employee to take leave. These provisions are of Public Order and therefore cannot be derogated from in a way that is less favourable to the employee. However, it is not rare for sector wide/ company-wide collective bargaining agreements to…
French law implemented in 2017 the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours. The purpose of this legislation is to protect the employees’ work-life balance and their right to rest periods. The law did not provide details of how employers should implement the right to disconnect as the employer is supposed to negotiate such modalities with its unions. In the absence of agreement,…
Mit einer Entscheidung vom 6. September 2018 stärkte der EuGH (C-527/16) die Bedeutung der sozialversicherungsrechtlichen A1-Bescheinigung. Zur Vermeidung doppelter Sozialversicherungsbeiträge in zwei verschiedenen EU-Staaten bescheinigt dieses Entsendeformular, welches Sozialsystem für einen Versicherten zuständig ist. Die A1-Bescheinigung ist selbst bei sehr kurzen Dienstreisen ins Ausland erforderlich und zwar sowohl für Arbeitnehmer als auch für Selbstständige. Der EuGH entschied nun, dass eine vom zuständigen Träger eines Mitgliedstaats ausgestellte A1-Bescheinigung sowohl für die Träger der sozialen Sicherheit als…
A FIFO worker who was purportedly engaged as a “casual” under an enterprise agreement has successfully claimed an entitlement to annual leave under both the National Employment Standards (NES) and the terms of the enterprise agreement. The full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 opens the way for further claims by employees who are engaged as casuals but work regular and consistent hours. Designation as a “casual” and payment…
South Africa has no formal guidelines or regulations canvassing the often controversial topic of office dress code. However both the Employment Equity Act of 1998 (EEA) and the Labour Relations Act No 66 of 1995 (LRA) contain provisions outlawing discrimination and dismissals related to discrimination. What is deemed appropriate will be dictated by the industry and the individual nuances of the company itself but is always subject to anti-discrimination laws. Companies are permitted to introduce…
Key opinion letter allows FMLA leave for voluntary organ donation Earlier this week, the U.S. Department of Labor (“DOL”) issued six advisory opinion letters on various Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”) issues.  From time to time, opinion letters such as these are issued to provide legal guidance to employers. The DOL opinion letter likely to be of most interest to US companies is the one that addressed whether…
In April 2018, we reported on New York State’s enactment of a new law aimed at preventing sexual harassment. We summarized this new law in detail in our legal update, New York employers should get ready to comply with New York State’s new sexual harassment prevention laws, and our Global Workplace Insider article, New York State’s new sexual harassment prevention laws will require action by all New York employers.  Under this law, New York State…
Dismissal procedures are highly regulated in France including with respect to the identity of the individual who is entitled to conduct the procedure and sign the dismissal letter; such person must -by definition- be the “employer” .  However, some flexibility has been introduced over the years by French case law, and a recent decision of 13 June 2018 of the French Supreme Court is an illustration of such flexibility. In this decision, the French Supreme…
In May 2018, we reported on New York City’s recent enactment of a number of laws addressing sexual harassment in the workplace.  For further information, see our prior Global Workplace Insider post, New York City employers take note: New anti-sexual harassment laws enacted.  As we previously reported, effective September 6, 2018, all New York City employers must: conspicuously display an anti-sexual harassment poster to be designed by the New York City Commission on Human…