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droit du travail
Newsletter février, 2024

Canada: New definition of employer under the Occupational Health and Safety Act

février, 2024
  • In R v Greater Sudbury (City) 2023 SCC 28, the Supreme Court of Canada stated that the City of Sudbury, which had contracted with a third-party constructor for a construction project, had duties as an "employer" to ensure worker health and safety in the workplace, by the Ontario Occupational Health and Safety Act (the "OHSA").

UK: The Worker Protection Act passed

février, 2024

New Zealand: Parliament passed legislation to abolish Fair Pay Agreements

février, 2024

Chile: Karin law on sexual and labour harassment passed

février, 2024
  • On 5 January 2024, the Government enacted the so-called Karin Law (in honour of Karin Bolaños, a worker who tragically took her own life after falling victim to workplace harassment) against workplace harassment.
  • The law applies to all companies, regardless of size, and includes regulations relevant to the State Administration and its multiple agencies.
  • It aims to set a legal framework for a safe and healthy work environment, not only punishing workplace and sexual harassment but also preventing them with education and protocols.

Norway: decision on working and available time

février, 2024
  • On 2 November 2023, the Norwegian Supreme Court stated that offshore workers’ so-called “available time” - when the employee is available for the employer - pursuant to their CBA does not correspond to “working hours” under the Working Environment Act (“WEA”).

USA: Final rule on Employee or Independent Contractor Classification

février, 2024
Newsletter janvier, 2024

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

janvier, 2024

Mexico: reform bill reducing working hours still pending

janvier, 2024
  • Last year, the House of Representatives Member Susana Prieto presented a Bill to constitutionally amend working hours from 48 to 40 hours a week.
  • In November 2023, members of the Board of the Chamber of Deputies made a series of recommendations and changes to the Bill that returned to the Constitutional Points Committee. 
  • On 15 December, the Mexican Congress closed its final ordinary session for 2023. The Bill will be discussed when the next ordinary session opens in February 2024.

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