Middle East: The new DIFC Employment Law – 16 key changes

As we recently reported here, the new DIFC Employment Law (Employment Law, DIFC Law No. 2 of 2019) was enacted by His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of Dubai, on 30 May 2019. The new law will come into effect … Read more

Australia: Labour Hire Licensing Scheme recommenced in South Australia

The Labour Hire Licensing Act 2017 (SA) will continue to operate, and will be enforced from 1 September 2019. CBS will recommence accepting applications for labour hire licences from 14 June 2019. All labour providers operating in South Australia must lodge their application by 31 August 2019. As you may recall from previous updates, the … Read more

UK/EU: ECJ rules that Member States must require actual hours worked to be recorded

The ECJ has followed the Opinion of EU Advocate General Pitruzzella in ruling that, under the EU Charter of Fundamental Rights and the EU Working Time Directive, member states must require employers to set up an “objective, reliable and accessible” system for recording the actual number and distribution of hours worked by individual workers each … Read more

UK: compensatory rest break need only be equivalent, not identical

Where an employee is a ‘special case’ worker (such as certain rail transport workers) entitled to equivalent compensatory rest rather than the core right to a 20 minute break after 6 hours, that rest need not be an uninterrupted 20 minute break provided it has the same value in terms of contributing to wellbeing. In … Read more

UK: ECJ cases raise doubts over the inclusion of regular voluntary overtime in holiday pay calculations and over record-keeping requirements

Comments made in an ECJ judgment on a German working time case have raised doubts as to the correctness of the UK Employment Appeal Tribunal’s rulings that pay during the 4 weeks EU-derived statutory holiday must include an amount for voluntary overtime (if sufficiently regular and paid over a sufficient period). In Hein v Albert … Read more