Recent Blog Posts
- Russia Increases Remuneration Payments Owed to Employees for Exclusive Rights to Patentable Objects On November 16, 2020, the Russian government approved new rules increasing the rates of remuneration employers must pay employees for their inventions, utility models and industrial designs (the “Rules”). The Rules will be effective from January 1, 2021 until January 1, 2027.
Employers’ Rights to Their Employees’ Patentable Objects and Employees’ Entitlement to Remuneration
In Russia, the exclusive rights to patentable objects (e.g., inventions, utility models and industrial designs) that employees create as part of their employment duties or as a specific... More
- UPDATE: Luxembourg Extends COVID-19-Related Amicable Agreements with Neighboring Countries As we have noted previously, many countries have introduced creative new approaches to address the economic realities of the COVID-19 pandemic. Because employees continue to work from home and employers reconsider whether employees must return to the workplace at all, jurisdictions have implemented – and now are extending – measures to accommodate the needs and interests of both employers and employees in this ever-changing and evolving employment environment.
As we have highlighted, Luxembourg is an example of a country that has... More
- Evolving Considerations for Multinational Employers: COVID-19 Contact Tracing Applications As the COVID-19 pandemic continues to affect workplaces throughout the world, employers are considering new ways to ensure a safe workplace when employees return to the office. Outside the US, employers must balance their duty of care to protect the health and safety of all their employees with safeguarding employees’ privacy and complying with data protection regulations. Many employers already have analyzed whether they may require or request employees to (i) submit to COVID-19 testing at the workplace, (ii) certify... More
- International Challenges to Dismissing Employees During the COVID-19 Pandemic Outside of the United States, terminating employees can be difficult even in “normal” times. The concept of “at-will” employment is uniquely American, and generally, employers in non-US jurisdictions only may terminate employment for “cause” or for other statutorily permitted reasons. Moreover, terminated employees in many countries are entitled to statutory notice, severance and other benefits, which is far more the exception than the rule for US employees.
Because of the COVID-19 pandemic, many countries have increased employee job protections even further,... More
- Australia’s High Court Rules on How to Count Personal Leave Entitlement Under the Fair Work Act On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave per year of employment, as required under Section 96 of the FW Act.
The High Court determined that employees’ leave entitlement is equivalent to the average of employees’ “ordinary hours” of work over the course of a two-week period (i.e., 1/26th of... More
- Luxembourg’s Teleworking Agreements with Neighboring Countries Remove Tax and Social Security Burdens During the COVID-19 Pandemic As we have previously highlighted, many countries have introduced creative new approaches to address the economic realities of the COVID-19 pandemic. As employees continue to work from home and employers reconsider whether employees must return to the workplace at all, some jurisdictions are implementing measures to accommodate the needs and interests of both employers and employees in the ever-changing and evolving employment environment. Luxembourg is yet another example of a country that has sought to develop solutions with its neighboring... More
- Luxembourg Employers Face Additional Obligations During Heat Waves in the Midst of COVID-19 On August 8, 2020, in response to local meteorology reports of expected temperatures of above 95°F, Luxembourg’s Ministry of Health announced a “red alert warning,” and implemented a Heat Wave Plan. The Heat Wave Plan (i) advises that older individuals, infants, and those with chronic illnesses may be affected by such high temperatures and (ii) offers personal check-in and hydration services by the Luxembourg Red Cross and home care agencies. All such visits must adhere to COVID-19 safety procedures.
Additionally, the... More
- Ontario Court of Appeal Limits Severability of Termination Clauses in Employment Contracts On June 16, 2020, the Court of Appeal for Ontario handed down a decision that will have a profound impact on the enforceability of termination provisions in Ontario employment agreements. In Waksdale v. Swegon North America, Inc., the Court of Appeal held that if the termination provisions governing “cause” of an employment contract violate the Employment Standards Act, 2000 (“ESA”), those provisions are not severable and the entire termination provision of the employment agreement is void and unenforceable.
Factual Background &... More
- COVID-19: Chile’s New Law Extends Benefits for Some Parents On July 27, 2020, due to the COVID-19 pandemic, Chile enacted legislation for parents on parental leave and for parents and caregivers of children born in or after 2013 (i.e., seven years of age or younger). Specifically, the law (i) provides parents with an extension of up to 90 days of additional parental leave benefits and (ii) allows eligible parents and caregivers to suspend their employment contract with employers in order to provide childcare and receive unemployment benefits.
Parental Leave Extension... More
- COVID-19 Pandemic Introduces New Options for Digital Nomads As we previously reported, the COVID-19 pandemic has affected employers and employees across the globe. Since the outbreak of COVID-19, governments have implemented measures to address the economic impact of the pandemic, including job retention schemes and promoting remote work. Many employers have reconsidered the need for employees to return to the office at all. In response, Barbados and Estonia have taken a dynamic approach to these changes and have introduced digital nomad visas that allow individuals to live in... More