Author: Alejandro Castellanos Law 2213, certified on 13 June 2022, establishes the continued relevance of Decree 806 of 2020, which implemented the temporary use of ITCs during the Covid-19 pandemic, turning it into a now permanent disposition in legal proceedings in order to streamline judicial processes and provide greater flexibility to enable and expedite access […]
China: Official Guidance is released on Handling Covid-19 Pandemic-related Employment Disputes
Authors: Carol Zhu and Yinbing Chen The Shanghai High People’s Court and the Shanghai Municipal Human Resources and Social Security Bureau jointly published the Replies to Several Questions on Dealing with Pandemic-related Employment Disputes (the “Replies”), which provides official guidance on employment management during a pandemic. The Replies have been prepared to answer 12 hypothetical […]
China: Employee Terminated for being Registered with Former Employer Ruled Unlawful
Authors: Carol Zhu and Yinbing Chen Mr. Chen (“employee”) separated from his previous company and joined an environmental technology company (“company”) in June 2017. In November 2018, the company discovered that the employee was still registered as the responsible person of one branch office of the employee’s former employer and then terminated the employee with […]
Chile: New Draft Constitution’s Impact on Labour
Authors: Ricardo Tisi, Bárbara Zlatar and Ignacia López In October 2020, a referendum was held in Chile leading to either the approval or rejection of a new draft Constitution. A Constitutional Convention was elected, composed of 155 persons expressly devoted to proposing a draft Constitution within the 1-year term that is set to expire on 4 July 2022. The […]
Canada: Public Health Order Mandating COVID-19 Vaccinations Supports Decision to Terminate Employment
Author: Caroline DeBruin In Fraser Health Authority and British Columbia General Employees’ Union (L. Capozzi Grievance), 2022 CanLII 25560 (BC LA), an employee (the “Grievor”) was dismissed after she repeatedly refused to take a COVID-19 vaccine and indicated that she had no intention of ever becoming vaccinated. In response to her termination, the Union filed a grievance […]
Canada: Labour Board Finds Specialty Contractors Can Play the Field
Author: Natalie Garvin Exclusive or Non-Exclusive? Labour Board Finds Specialty Contractors Can Play the Field In its recent decision of Bruce Power LP, 2022 CanLII 5411 (ON LRB), the Ontario Labour Relations Board (the “Board”) redefined what it means for a contractor to be a specialty scaffolding contractor. This is a significant change for construction labour […]
Canada: Court Upholds Just Cause Termination for Single Incident of Workplace Sexual Harassment
Author: Charles Muriithi Being Bad on Purpose: Court of Appeal for Ontario Upholds Just Cause Termination for Single Incident of Workplace Sexual Harassment The Court of Appeal’s recent decision in Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, affirms that even a single incident of workplace sexual harassment may amount to just cause for termination. […]
Canada: New Insight into Statutory Interpretation Related to IDEL Entitlements
Author: Stephanie Nicholson Ontario Labour Relations Board Provides Insight into Statutory Interpretation Related to IDEL Entitlements In Grand River Hospital v BB and Director of Employment Standards, 2022 CanLII 25508 (ON LRB), Vice-Chair Rogers held that an employee was entitled to paid Infectious Disease Emergency Leave (“IDEL”) and, in doing so, interpreted the paid IDEL […]
Belgium: Updates regarding the Telework Cost Compensation
Author: Chris Van Olmen Structural teleworkers (remote workers), who work on average at least one day per week (5 days / month) from home, can receive a cost compensation (the so-called “office compensation”) by the employer to cover the costs of electricity, heating, etc. It is not necessary to prove the actual value of the […]
Argentina: The End of the Double Severance Compensation
Author: Nicolás Grandi On 30 June 2022, the last phase of the gradual reduction of the double severance compensation for dismissal without cause will come to an end. Executive Order No. 886/2021, published in the Official Gazette on 24 December 2021, which provided for the extension of the public emergency in occupational matters until 30 […]