Auteurs

Sean Nesbitt

Associé

Londres

Marc André Gimmy

Associé

Munich

Emma Sims

Trainee Solicitor

Londres

Auteurs

Sean Nesbitt

Associé

Londres

Marc André Gimmy

Associé

Munich

Emma Sims

Trainee Solicitor

Londres

25 janvier 2024

Work/Life – 15 de 105 Publications

Work/Life: international employment news update

Quick read

Issue 91

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

Our strategic alliance with leading Spanish law firm ECIJA means clients looking to do business in Spain, Portugal and Latin America are supported by one of the best multidisciplinary law firms in the legal sector with a well-established reputation for innovation and success. Furthermore, this alliance enriches our newsletter as ECIJA regularly contributes insightful content, broadening our insight on legal matters.

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United Kingdom

Removing women on maternity leave from work WhatsApp chats is discrimination, UK Employment Tribunal rules

A UK Employment Tribunal has ruled in favour of a woman who was removed from a work WhatsApp group while on maternity leave. Asha Lad was refused access to a work chat she had previously been a part of by a senior male colleague, a move she said made her feel isolated and precluded her from participating in work-related discussions and social interaction.

Employment Judge Rob Childe said that her removal was "viewed as less favourable treatment" for someone on maternity leave. She was successful in her claim for pregnancy and maternity discrimination and victimisation, but further claims for race discrimination, further pregnancy discrimination, victimisation and unauthorised wage deductions were dismissed. Her compensation will be decided at a later remedy hearing.

Obligation for German employees to notice work-related text messages during free time

In a judgement by the German Federal Labour Court, employees are obliged to read written messages such as SMS or e-mails in their free time. But only if a company agreement has previously been concluded between the employer and the employee stating that the task could be required, eg with regard to the place and time of the work activity. Read more about the judgement and the practical points behind it in our new German-language article below.

Interns are no longer exempt from Spanish social security contributions

In Spain, starting in January 2024, students on training or academic internships will have to pay social security contributions – whether or not they are remunerated. Up until now, only those being paid compensation were required to register.

The relevant Social Security system excludes unemployment protection, coverage by the Salary Guarantee Fund and Vocational Training. Trainees will also not contribute towards the Intergenerational Equity Mechanism. Meanwhile, the Spanish Statute for Trainees, which will introduce holiday rights and measures to offset costs incurred by students, awaits confirmation.

France

Changes to childbirth leave contemplated in France to boost birth rate

On 16 January 2024, French President Emmanuel Macron gave a speech on the measures planned for the New Year including labour law measures, and announced notable changes relating to childbirth leave.

Currently, as well as maternity and paternity leave, parents can benefit from parental leave of up to three years with modest financial compensation (EUR 429 maximum per month depending on the employees’ situation). As such, parental leave is not seen as sufficiently attractive nor an appropriate measure to stimulate the birth rate in France. So the French Government plans to implement a new childbirth leave that would replace parental leave. Its maximum duration would be shorter than the current parental leave but would offer better financial compensation. Each parent could benefit from a 6-month leave in total (including maternity/paternity leave). We will report further on progress of the proposal.

Poland's "active mother allowance" supports grandparents taking care of their grandchildren

Poland's "active mother allowance" is intended to encourage women to return to the labour market after maternity leave by providing them with additional financial support for the involvement of grandparents in caring for their grandchildren. The state will pay an allowance of PLN 1,500 (approximately EUR344) per month. The decision to dispose of the amount will be left to the child's parents though.

Polish government to change funding of sick leave rules to relieve employers

Currently, Polish employers initially pay for an employee's sick leave, and after a certain number of sick leave days, the Social Security Institution ("ZUS") takes over the financing obligation. The new government wants to relieve the burden on employers by transferring the financing of sick leave entirely to ZUS. Details are yet to be announced.

Changes to payment of Dutch minimum wage mean big income rises this year

In 2024, the Netherlands' minimum wage will no longer be calculated by month, week or day but rather by hours, marking a sizeable jump in income for some employees with a working week of over 36 hours.

For example, anyone working a 40-hour week but earning the minimum wage will get paid for the 4 extra hours per week compared to last year. Those working a 40-hour week on minimum wage in the construction sector will receive a net jump of EUR205 per month, while those in government and healthcare and welfare will see their pay packets jump by EUR 112 and EUR 116 per month respectively.

Dutch union membership grew last year as inflation squeezed income

A decline in Dutch union membership was reversed in 2023 as tens of thousands of people joined a trade union in 2023. The Netherlands' biggest trade union group, the FNV, reported a 60,000 climb in new members last year. "It is the first time we have had a positive result in years," a spokesperson told news website Nu.nl, reporting it was mostly pensioners who cancelled their membership. The union reported some days where 400-500 new members signed up. Meanwhile, chairman of the smaller CNV group, Piet Fortuin, has pointed to the wide span of demographics driving the uptick, "particularly youngsters and the over 45s."

Hungarian immigration: government increases guest worker permits but supports guest-investor "Golden Visa"

The Hungarian government has set the number of residence permits that may be issued for guest workers at 65,000 in 2024. Last year, 39,000 residency permits were issued for guest workers. Hungary has introduced a "guest investor program" allowing foreign real estate investors to obtain a 10-year residency by investing at least EUR250,000 in local property funds or EUR500,000 in Hungarian real estate. This initiative follows the abolition of a previous golden visa scheme in 2017 due to allegations of corruption and irregularities. Further information can be found here.

Hungary's Parliament has adopted a major new ESG law

As of 1 January 2024, Hungary's ESG Act – designed to promote sustainable financing and corporate social responsibility – came into force for large enterprises keeping a registered office in Hungary that are deemed to be in the public interest. Other large domestic enterprises, to whom the Act will apply from 1 January 2025, will have another year to adapt.

Affected companies must examine their supply chains and assess human rights and environmental risks, create a risk analysis for suppliers and prepare a mandatory report within 6 months of year-end. The Supervisory Authority of Regulated Activities will monitor adherence, and fines may be issues for non-compliance.

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