Work/Life: international employment news update

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Issue 99

Welcome to the latest edition of our international employment news update.

In this edition of Work/Life we look at:

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Employers in the part-time trap? When bonuses unintentionally set the wrong incentives

The EU Court of Justice recently ruled (Case C-660/20) that uniform overtime thresholds for both full-time and part-time workers are discriminatory. This decision arose from a case involving a part-time German pilot who earned less despite working comparable hours due to how overtime bonuses were calculated. The Court stated that overtime thresholds must be proportionate to the working hours to ensure fairness. This ruling underscores the importance for employers of designing pay structures that are both fair and non-discriminatory, avoiding unintended incentives.

Whistleblowers worldwide 'discouraged'

According to an EY survey, despite an increase in organisations having whistleblower hotlines since 2022, 54% of the employees who have used them report discouragement. Many employees were concerned about potential neglect of their reports and adverse impacts on them. Nearly one-third of respondents' harbour anxieties regarding their personal safety following disclosures of misconduct. Alarmingly.

And in Poland...

The Polish Senate has decided to remove labour law violations from the scope of the forthcoming Polish Act on the Protection of Whistleblowers. Whilst this move is seen as beneficial by employer groups, it has been met with criticism from legal experts who question its effect and are calling for better-defined regulations on workplace harassment and a more explicit mandate for the National Labour Inspectorate. Labour law violations are not part of the obligatory reporting requirements under the new Act, but employers will have the discretion to include such breaches within their internal whistleblowing policies, provided these are in line with existing legal provisions. The draft will revert to the Sejm (lower chamber of the Polish Parliament) for consideration before requiring Presidential assent to become law.

Slovakia achieves historic low in unemployment

Slovakia's labour market has seen a marked transformation, with the unemployment rate at an unprecedented low of 5.96%, ie, c165,000 people. Scarcity in local talent may enhance employment opportunities for those from abroad.

But in Czechia 300,000 jobs will disappear within eight years.

It is predicted that within eight years, 300,000 jobs will disappear in the Czech Republic, and a million positions will significantly adapt their job content due to digitalisation. To address this upheaval, Minister Marian Jurečka has emphasised the need for considerable investment in retraining focusing particularly on digital competencies. The ministry has set a target to provide training to approximately 130,000 individuals within the next 18 months to facilitate this transition.

Staff shortages limit job opportunities in the Netherlands

The job market in the Netherlands is set to experience incremental growth in both 2024 and 2025, with projections from the benefits agency UWV indicating a lower rate of job creation compared to previous years. This is attributed to a combination of lower economic growth in previous years, and widespread staffing shortages. Certain sectors such as healthcare, welfare, and specialised business services are expected to witness rapid employment surges. Conversely, industries including agriculture, construction, public administration, industrial production, as well as transport and storage may see stagnation or even declines in job numbers. It is important to distinguish between job growth – new roles generated owing to increased workload beyond current workforce capacity – and vacancies that arise when employees vacate existing positions.

Dutch businesses pleased by vote for a pro-European majority in EU election

Dutch business advocacy groups have said it is a positive sign that exit polls are forecasting the success of pro-European factions in securing a large proportion of Dutch seats in European Parliament. These bodies welcomed an uptick in electoral participation, interpreting it as a growing public awareness of these elections' stakes. They emphasised that a robust Europe is vital not only for collective security and economic progression but also for addressing transnational challenges like climate change effectively. For businesses, amplifying Europe's competitive edge, mitigating regulatory burdens, and rejuvenating the internal market are pivotal concerns. Moreover, they stress that the EU must enhance its preparedness for substantial geopolitical upheavals and reduce reliance on other global powers concerning various issues.

British Indian repeatedly misnamed was 'victim of race harassment'

An employment tribunal determined that Viveak Taneja, a bathroom salesman, was subjected to racial harassment when his superior, addressed him incorrectly as "Vikesh," despite being corrected. After multiple corrections without change, Mr. Taneja resorted to labelling Mr. Davies both 'idiotic' and 'racist', which led to his dismissal. He was awarded some £9,000 for the affront to his dignity (in the lowest level band for injured feelings).

"Historic" Spanish menstrual leave law has hardly been used

In the first 11 months since enactment, Spain's Ministry of Inclusion, Social Security and Migration reports only 1,559 instances of such leave taken. On average, women took 3.03 days off with about 4.75 people using the leave each day. Restricted to those with pre-established diagnoses like endometriosis, the policy has had mixed reactions; detractors argue its ineffectiveness due to its narrow application to severe secondary dysmenorrhea (period pain caused by a health condition). The application process is also reportedly burdensome for some claimants. But many remain optimistic that this policy will lead to wider recognition and acceptance of menstrual pain and inspire comparable provisions internationally.

In this series