On 27 June 2024, the Court of Justice of the European Union (CJEU) ruled in Case C-284/23, focusing on interpreting Directive 92/85/EEC regarding the dismissal protection for pregnant workers.
The Court stated that national laws requiring pregnant workers to request leave to bring an action out of time within two weeks can be incompatible with EU law if they make exercising dismissal protection rights excessively difficult.
On 8 July 2024, the Official Gazette published Law 27,742, also known as the “Bases and Starting Points for the Freedom of the Argentines”. It was approved by the National Congress on 27 June 2024.
It includes a declaration of public emergency in administrative, economic, financial, and energy matters, which is set to last for one year. This emergency declaration was initially made by Decree 70/2023, as we previously reported here.
It amends several pieces of legislation administered by the Ministry of Business, Innovation, and Employment (MBIE) to reduce compliance burdens, clarify statutory provisions, address regulatory inconsistencies, and respond to technological changes.
Eramet, a pioneering force in the mining industry, has signed its first global agreement to establish a comprehensive social protection solution for its employees worldwide.
Known as Eramet Global Care, this agreement underscores the company's commitment to employee welfare and corporate social responsibility. It ensures that employees receive consistent benefits regardless of their location and promotes equity and solidarity within the organisation.
Following the publication of the new Labour Law, Law No. 13/2023, in the Official Gazette on 25 August 2023, businesses and workers alike are gearing up for significant changes in the labour market.
This Law, which repeals the previous Law No. 23/2007, signals a crucial moment in Mozambique's commitment to modernising its workforce regulations in line with current socio-economic and technological advancements.
Law N°21.645, published on 29 December 2023, amended the Labour Code to strengthen maternity, paternity, and family life protections. It introduces a new regime for remote work and telecommuting under specific conditions.
On 26 January 2024, the National Director of Labour issued Dictamen N°67/1, providing legal interpretation and guidance on the law.
On 25 October 2023, the Gauteng High Court stated that Sections 25, 25A, 25B, and 25C of the Basic Conditions of Employment Act 1997 (BCEA) relating to the minimum period of maternity, parental, adoption, and commissioning parental leave are invalid.
The Court found that these provisions unfairly discriminate between mothers and fathers and between parents whose child is born of the mother, as opposed to surrogacy or adoption parents, in violation of the rights to equality and dignity of the Constitution of the Republic of South Africa.
The declaration of invalidity has to be confirmed by the Constitutional Court.
On 17 August 2023, in the case Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department and Others (Civil Appeal Number 5010 of 2023), the Supreme Court of India stated that maternity benefits must be granted, even where they extend beyond the duration of a fixed-term employment contract.
It clarified that a woman employed on a fixed-term basis who meets the eligibility criteria for maternity benefit under the Maternity Benefit Act (MB Act) 1961 is, therefore, entitled to the whole 'maternity benefit,' even if the period of that benefit exceeds the duration of the employment contract.