Newsletter June, 2023

European Union Member States: New framework agreement on cross-border teleworking in the field of social security

EU Member States have drawn up a new framework agreement to regulate cross-border teleworkers' social security position.
This agreement clarifies which conditions workers working in another Member State other than the one in which their employer’s premises can still be covered under the employer’s country social security system.
It enters into force from 1 July 2023, for a period of 5 years and shall be automatically extended each time for another 5 years.
To date, the Member States that have either signed the agreement, or have indicated they will sign, are Germany, Switzerland, Czech Republic, Liechtenstein, Belgium, Luxembourg, Austria, Slovakia, Ireland, Lithuania, Estonia, Norway, Malta, Portugal, and Poland.

New Zealand: Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 came into force on 13 June 2023.
It allows employees more time to make a personal complaint related to sexual harassment, from 90 days to 12 months.
The new provision applies to sexual harassment events that happened or came to the employee's notice on or after 13 June 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.

On 1 June 2023, the European Parliament adopted a resolution on strengthening social dialogue.
It follows the European Commission’s announcement on 25 January 2023, of a review of the rules on the organisation of the European Sectoral Social Dialogue Committees.

On 8 June 2023, the Ministry of Labour and Social Welfare published the Official Mexican Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work (“NOM-037” or "Standard") in the Official Gazette of the Federation.
NOM-037 states the health and safety conditions for employees teleworking across Mexico to prevent accidents and illnesses, as well as to promote a safe and healthy working environment.
It will enter into force 180 calendar days after its publication.

On 15 May 2023, a new regulation modifying the protection against retaliation of discrimination and violence, moral or sexual harassment at work was published in the Belgian State Gazette.
The new rules, required to comply with the relevant European directives, came into force on 1 June 2023.