Employers should not assume that the disclosure of an alleged breach of employment contract will necessarily be outside the scope of whistleblowing protection. The Court of Appeal has confirmed in Chesterton Global Ltd v Nurmohamed that disclosure of private workplace disputes can be protected by whistleblowing law in certain circumstances, for example if the disclosure relates to serious, deliberate wrongdoing by a large employer and materially affects a significant number of workers.
The EAT has upheld first instance tribunal decisions that the calculation of statutory holiday pay (for the 4 weeks’ EU-derived holiday) should reflect voluntary overtime, voluntary standby and voluntary call out payments, provided that the work has been undertaken with sufficient regularity to have become part of the employee’s normal pay. The Working Time Regulations must be construed purposively to this effect.
Previous case law established that commission and certain supplementary payments had to be included in the calculation of “normal remuneration” because they were amounts for work which was “linked intrinsically to the performance of tasks which the worker is required to carry out under his contract of employment”.
Although often included in employment contracts, the enforceability of post-employment non-competition obligations can vary greatly from jurisdiction to jurisdiction.
The Philippines Department of Labor and Employment (“DOLE”) introduced guidelines earlier this year on the prohibition of “labor-only” contracting (ie labour hire). These changes show the continued tightening on the use of third party labor in the Philippines. Is your company compliant?
On 25 April 2017, the Employment (Amendment) Bill 2017 was introduced for first reading in the Legislative Council. This Bill follows a similar Bill proposed in 2016 and if passed, will strengthen the Labour Tribunal’s power to make an order of reinstatement or re-engagement in cases where an employee has been unlawfully dismissed. While this remedy is already available to the Labour Tribunal, its exercise is currently permitted only where both parties consent.
On 5 June 2017, the committee deliberating on the proposal to cap overtime made a written submission to the Minister of Health, Labour and Welfare proposing to cap overtime to 45 hours a month, with an annual cap of 360 overtime hours. The proposal recommends sanctions against employers who breach this rule however, it sets out a number of exceptions.
A recent judicial interpretation (Interpretation) issued jointly by the Supreme People’s Court and the Labour Dispute Arbitration Committee in Beijing provides timely clarification (among other things) of what is meant by the term “major change of objective circumstances” in the context of redundancy for corporations with operations in Beijing (and, potentially, other parts of China).
The Queen’s Speech on 21 June 2017 set out the government’s programme for the next two years and was inevitably dominated by Brexit-related legislation. The principal bill will be the European Union (Withdrawal) Bill, subsequently published on 13 July 2017, which will repeal the European Communities Act 1972 and bring about Britain’s exit from the European Union. A series of factsheets has been published to accompany the Bill, including one setting out the Government’s previously announced position on protecting workers’ rights (see here). Other measures included: Continue reading
The Queensland Parliament is currently considering significant changes to the labour hire industry by way of the Labour Hire Licensing Bill 2017 (Qld) (Bill). The Bill was introduced and read for the first time on 25 May 2017 and was subsequently reported on by the Finance and Administration Committee (Finance Committee).
- introduces a licensing scheme for labour hire providers (Providers); and
- creates various offences relating to that scheme.