Recent Blog Posts
- 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
- Global Diversity: A Practical Approach Tracking diversity and inclusion efforts on a global basis is often a challenging task for in-house legal, human resources, and diversity and inclusion teams. While employers may be interested in collecting applicants’ and/or employees’ diversity information for worthy reasons, such an effort is a fertile ground for potential litigation involving data privacy violations and discrimination claims.
Risks of Violating Data Privacy Requirements
Globally, diversity information typically constitutes personal data (and, in many jurisdictions, sensitive personal information) and therefore will be subject to... More
- UK Update: What Employers Need to Know About the Coronavirus Job Retention Scheme As we previously reported, the COVID-19 pandemic has affected many employers and employees throughout Europe. Since mid-March 2020, the Government of the United Kingdom has implemented several measures and guidance to address the economic impact of the COVID-19 pandemic. Similar to other European jurisdictions, one such measure is the Coronavirus Job Retention Scheme (“CJRS”), designed to help employers retain their workforce. Currently, the CJRS provides partial subsidized wages to approximately 7.5 million UK employees across 935,000 employers. Recently, the UK... More
- COVID-19 Short-Time Working in Luxembourg Along with many European countries, the COVID-19 pandemic has affected employers and employees in Luxembourg. On March 17, 2020, the Government of Luxembourg issued a State of Emergency until June 25, 2020 and implemented several measures and guidance to prevent the spread of COVID-19. Luxembourg’s population of approximately 625,000, reportedly has 4,040 confirmed cases of COVID-19, 110 COVID-19 fatalities and 3,901 individuals who have recovered from the coronavirus.
Similar to other European jurisdictions, Luxembourg provides employers and employees with “short-time” working... More
- India Update: Indian Government Institutes Community and Workplace Safety Guidelines for Phased Re-Opening Following the COVID-19 Lockdown As we previously reported, in response to the COVID-19 pandemic, the Indian government invoked special provisions of the Disaster Management Act, 2005 (the “DMA”) to implement a series of orders under the DMA (“Orders”) imposing a nationwide lockdown. The Indian national lockdown went into effect on March 25, 2020 and was extended several times, until May 31, 2020.
The initial lockdown Orders included strict directives for employers. The employment provisions of the orders (the “Employment Provisions”) prohibited employers from terminating any... More
- COVID-19’s Effect on the Dynamic Workplace Safety-Employee Privacy Relationship We previously have described certain country-specific initiatives to re-open the economy, and we have provided insights on issues that employers should consider when employees are allowed to return to the workplace. Over the past several weeks, some local governments around the globe have begun slowly to initiate progressive measures to revise and even rescind COVID-19 emergency legislation, orders and lockdowns. These governments now are grappling with workplace-specific issues. As such, employers must determine how to maintain their duty of care... More
- Global Re-Opening: Considerations When Employees Return to the Workplace As we previously reported, the COVID-19 pandemic has significantly altered the global workplace and international employer-employee relations. Over the past several months, many countries have enacted nationwide orders requiring billions of people to stay at home in an effort to reduce transmission of COVID-19. While some countries remain locked down, others, have recently initiated progressive measures to re-open businesses and return employees to the workplace, with varying degrees of success:
Germany: On April 27 Germany began allowing shops as large as... More
- Global Lockdown: International Jurisdictions Extend COVID-19 Stay-Home Orders As we previously reported, the COVID-19 pandemic has altered the global workplace and international employer-employee relations in profound ways. As COVID-19 continues to spread, countries have enacted nationwide orders, requiring billions of people to stay at home. Recently, in an effort to continue to slow the spread of COVID-19, several countries have extended national stay-home orders. The ordered restrictions vary according to jurisdiction specific reasons.
On April 15, 2020, Belgium’s National Security Council (“NSC”), which includes Prime Minister Sophie Wilmes, announced the extension... More