Co-funded by the European Union
Newsletter janvier, 2024

USA: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

janvier, 2024
  • On 30 October 2023, President Biden issued an executive order on the safe, secure, and trustworthy development and deployment of artificial intelligence (AI), aiming to set out general standards governing the use and development of AI across industries.
  • It stresses the importance of using AI safely and responsibly and advancing a coordinated, Federal Government-wide approach.

Business Europe’s Council of Presidents Declaration

janvier, 2024
  • On 24 November 2023, presidents and chief executives of the member federations of BusinessEurope met in Brussels to present their priorities for the next Belgian Presidency of the Council of the European Union.

Right to disconnect: Implementation and impact at company level” (an Eurofound report)

janvier, 2024
  • On 30 November 2023, Eurofound published a new research report on the right to disconnect. 
  • The report is based on a survey of employees and HR managers in Belgium, France, Italy, and Spain. It examines how the right to disconnect is implemented at the company level.

USA: New requirements for non-disclosure and non-disparagement provisions in New York

janvier, 2024
  • On 17 November 2023, the New York Governor signed Bill S4516 into law.
  • It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
  • It applies to all agreements signed or entered into after 17 November 2023.

Uganda: Court of Appeal confirms employers can terminate an employee’s contract without cause

janvier, 2024
  • On 15 November 2023, the Court of Appeal of Uganda reaffirmed the employer's right to terminate the employment relationship by providing notice or payment in lieu of notice.
  • It stated that where the notice period is observed, or compensation is paid in lieu thereof, employers are not obliged to give reasons for dismissal under Section 65(1)(a) of the Employment Act.
  • It is based on the assumption that termination of employment is distinct from dismissal for misconduct or poor performance, which requires procedures and reasons.

Canada: Federal Government’s Legislation Prohibiting REplacement workers (a Fasken’s contribution)

janvier, 2024

Guatemala: Regulation for the Constitution, Organization, and Operation of the Bipartite OHS Committees published

janvier, 2024
  • On 24 November 2023, Ministerial Agreement No. 486-2023 was published in the Official Gazette. 
  • It amends the Regulation for the Constitution, Organization, and Operation of the Bipartite OHS Committees of 2017, aiming to adapt companies to new technological realities, strengthen the prevention of occupational risks, and promote a safe environment.

Australia: the Fair Work Commission (FWC) ruled in favour of an employer’s right to refuse a remote work request

janvier, 2024
  • On 16 November 2023, the Fair Work Commission ruled on an employer's right to refuse a request for remote work.
  • The decision marks an important first step following the entry into force of the new flexible work legislation, the Fair Work Legislation Amendment (Secure Jobs, Better Pay), that came into force at the beginning of the year.
  • Among the significant changes introduced by the law is granting the Fair Work Commission the power to decide a dispute over a flexible work request.