Working hours (including holiday, sick leave, overtime, rest breaks)

UK: proposed reforms to fitness for work, statutory sick pay and mental health protections

An independent review of mental health at work, commissioned by the Prime Minister, has been published. The Stevenson/Farmer review calls on employers to adopt six mental health core standards covering mental health at work plans, employee awareness and open communication, … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals

The ECJ has agreed with the Advocate-General’s opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks’ statutory holiday entitlement indefinitely and be paid in lieu of the entire accrued untaken entitlement on … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

France: The Loi Travail – Introduction

One of Emmanuel Macron’s key campaign promises was the reform of laws relating to employees partly, in order to help French companies respond in a more flexible manner to the challenges they are facing to become more competitive in the … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: France, Redundancy, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

Australia: Federal Court clarifies right of entry to hold discussions

The Federal Court has clarified that a right of entry to hold discussions with relevant employees under section 484 of the Fair Work Act 2009 (Cth) (FW Act) cannot be exercised before or after those employees’ scheduled working hours.1

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia, Working hours (including holiday, sick leave, overtime, rest breaks)

Singapore: Focus on fixed-term employees

On 31 July 2017 the Tripartite Alliance issued the Tripartite Standard on Employment of Term Contract Employees (First Standard), (Tripartite Standards). The Tripartite Standards are the first of five new standards seek to encourage fair and progressive labour practices in … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

UK: Statutory holiday pay must take account of voluntary overtime

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 … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Working hours (including holiday, sick leave, overtime, rest breaks)

Australia: A not so casual decision by the Fair Work Commission – Is your modern award on the list affected by the model casual conversion clause decision?

Overview As a result of a decision handed down by the Fair Work Commission (Commission) on 5 July 2017, a model casual conversion clause will be inserted into 85 modern awards. A summary of the 300+ page decision is available … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia, Working hours (including holiday, sick leave, overtime, rest breaks)

South Korea: new government announces proposals to increase support for work-life balance

South Korea's new President Moon Jae-In has announced the Government's support for greater work-life balance for Korean employees, including proposals to curb Korea's notoriously long work days, broaden parental leave and ease the burden of childcare costs. Following President Moon … Continue reading

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Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights, Workplace Health and Safety

UK: Legislation – Employment law reform proposals during the Summer 2017 General Election

The main parties' manifestos for the general election all contained numerous proposed employment law reforms, the Conservatives promising "the greatest expansion in workers' rights by any Conservative government in history" while Labour included a 20 point "plan for security and equality … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

Europe: Statutory holiday pay claims- EU Advocate-General publishes opinion on workers denied paid holiday

The ECJ Advocate-General has given his opinion in King v The Sash Window Workshop that employers must make ‘adequate facilities’ (eg, contractual rights or administrative procedures) available to workers in order that they can take annual leave. If those facilities … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)