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Newsletter April, 2023

Tesco introduced five days of paid leave for those suffering from, or at risk of, domestic violence

April, 2023
  • On 6 March 2023, Tesco Ireland announced it to provide five days of paid leave for its employee suffering domestic abuse.  
  • This important update to its current Time Off Policy will apply to its 13,000 employees.  

Dutch Supreme Court confirms that Deliveroo riders are employees

April, 2023
  • On 24 March 2023, the long-awaited decision in the Deliveroo case in the Netherlands was published, upholding an earlier decision by the Amsterdam Court of Appeal that Deliveroo riders qualify as employees.
  • The Supreme Court confirmed that between Deliveroo and its riders, there is not an agreement for services but an employment agreement. 

USA: the National Labor Relations Board (“NLRB” or the “Board”) released a memorandum on severance agreements

April, 2023
  • The National Labor Relations Board (NLRB ) recently held, in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) with severance agreements containing overly broad non-disparagement and confidentiality of agreement clauses with employees.
  • The decision states that offering employees such kind of agreement restricts their ability to exercise their rights to self-organisation, join labour organizations, and engage in "other concerted activities" to improve the workplace.
  • On 23 March 2023, the NLRB General Counsel issued a memorandum (Memorandum GC 23-05) to guide the issue, taking an expansive view of the decision.

Measures to tackle labour shortages: Lessons for future policy (an Eurofound report)

April, 2023
  • On 28 March 2023, Eurofound published a new research report showing how many countries have addressed labour shortages through more robust labour market policies and education and training measures focused on the skills and occupations demanded in the labour market.

Brazil: new provisions against violence in the workplace

April, 2023
  • Last September, Law No. 14.457/2022 introduced the “Employ + Women Program,” which sets forth a series of measures to promote the employment placement and retention of women in the labour market and actions to prevent and combat sexual harassment and other forms of violence in the workplace.
  • It also included the employer’s obligation to constitute a CIPA (now called “Internal Committee for Accident Prevention and Harassment”).

Colombia: government filed a labour reform bill proposal

April, 2023
  • On 16 March 2023, the government presented to Congress a labour reform bill, described as an ambitious project to improve the conditions and income of workers.
  • The bill is part of a raft of reforms: it followed the major tax reform last year, and the pension system reform is expected soon.
  • Both lawmakers and the Constitutional Court must approve it.

Argentina: social partners signed an agreement on the regulation of maternity and daycare spaces

April, 2023
  • On 16 March 2023, the General Confederation of Labor (GCL) and the Argentine Industrial Union (AIU) signed an agreement to modify specific obligations of Decree 144/22 regarding company childcare services.