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Newsletter septembre, 2024

Abu Dhabi Global Market Authority (ADGM) published a consultation paper on amendments to the ADGM Employment Regulations 2019

septembre, 2024
  • The Abu Dhabi Global Market (ADGM) Registration Authority (RA) has issued Consultation Paper 2024-04 to gather public feedback on proposed amendments to the Employment Regulations 2019.
  • The amendments address ambiguities, adapt to global work practice changes, and clarify employer and employee rights and obligations.
  • The consultation period ended on 26 August 2024, and stakeholders were encouraged to provide their comments.
Newsletter décembre, 2023

European Court of Justice: Decision on Part-time and Accrual of Pay Increases

décembre, 2023
  • On 19 October 2023, the Court of Justice of the European Union, in Case C-660/20, stressed that only objective reasons can justify treating part-time and full-time workers differently.
  • The Court ruled that domestic legislation that requires part-time employees to work an extra number of hours equal to that required of full-time employees to obtain a pay supplement is contrary to EU law.
  • That provision is discriminatory as it unfavourably treats part-time employees, who must perform more extra hours of service than their full-time colleagues to receive the same additional remuneration.
Newsletter octobre, 2023

Costa Rica: a bill to work four days a week with three consecutive days off

octobre, 2023
  • On 15 August 2023, the Costa Rican Congress approved in the first discussion Bill 21.182 to reform the Labour Code, which proposes to change private sector working hours.
  • It was approved with 32 votes in favour and, if passed, would allow private sector employees to work a '4-3' schedule - 12 hours a day for four days followed by three days off.
Newsletter juin, 2023

China: Decision on the use of WeChat and overtime

juin, 2023
  • A Beijing court ruling ordered an employer to compensate an employee for sending WeChat work messages after working hours.
  • This recent lawsuit, related to working overtime through the use of WeChat, opened a great discussion in China. 
  • It is an important reminder that to establish a system of non-fixed working hours for an employee, the local labour administration requires written authorization.
Newsletter octobre, 2022

Sweden: new labour reforms entered into force

octobre, 2022
  • The proposal to revise the Employment Protection Act (EPA), presented on June 2021, was finally adopted. 
  • The reform described as the “greatest reform of Swedish employment law in modern times” entered into force on 30 June 2022 and applied for the first time as of 1 October 2022.
Newsletter septembre, 2022

Puerto Rico: Amendments to the Labour Transformation and Flexibility Act

septembre, 2022
  • On 20 June 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (the Act), amending and partially repealing the Labour Transformation and Flexibility Act (LTFA),
  • It aims to reincorporate statutory benefits and employee rights that were eliminated by LTFA, in many cases reversing the changes it had introduced.
Newsletter juillet, 2022

South Korea proposes a flexible hours system

juillet, 2022
  • On 23 June 2022, the Ministry of Employment and Labour released a series of proposals to the working hour and the wage system in South Korea, aiming to give to give employers and workers more flexibility post-covid.
  • Among the proposed measures there is a plan to increase the period for calculating overtime under a so-called flexible working hours system.
Newsletter juin, 2022

Germany: Federal Labour Court on the Burden of Proof in Litigation regarding Remuneration for Overtime

juin, 2022
  • The Federal Labour Court on 4 May 2022 confirmed that in overtime proceedings, according to the German Law, employees must prove not only that they have worked overtime, but also that this has been ordered or at least approved by the employer.

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