11 November 202130 minute read

Employment law in 5: 5 developments for November to read in less than 5 minutes

Top trend: Evolving COVID-19 measures and vaccine rules
COVID-19 case numbers, vaccination take-up rates and measures for ongoing management of the pandemic and continue to evolve. This past month we’ve seen the end of the Coronavirus Job Retention Scheme in the UK; the further extension of the ERTE scheme, in Spain; in Italy, where the green pass became mandatory in workplaces from October 15, 2021, an end to the ban on dismissals for most companies; in Morocco, the introduction of a mandatory vaccine pass to access workplaces; in Russia, a government-mandated workplace shutdown; in Australia, the dismissal, newly upheld, of a worker for refusing vaccination; and in Singaporethe announcement that from January 1, 2022, only vaccinated employees or those who have recently recovered from COVID-19 are permitted at workplaces. Meanwhile, in the US, employers await the release of a federal COVID-19 vaccine rule, and some states are moving to restrict employer vaccine mandates.
Don’t miss: Employers are acting now to address China’s new personal data protection law
China’s new Personal Information Protection Law (PIPL) is now in force.

The PIPL applies to all personal data, including employee data. Further clarity on the full extent of employers’ obligations is still to come, but there are important steps for all employers operating in China to take now, among them updating employee consents, updating data policies; and providing training on the new rules.
Hot off the presses: Read our updated gender pay transparency report covering 37 countries
Gender pay transparency remains a key issue for legislators and employers the world over. The pandemic has shone a spotlight on wage and other inequalities, and we expect the trend towards greater pay transparency and accountability to continue.

Earlier this year, the EU Commission published a proposal that, if passed, would require all EU-27 countries to introduce gender pay reporting for larger businesses. This year has also seen new gender pay reporting rules in Ireland; new federal rules in Canada which require most federally regulated employers to establish a pay equity plan; and new rules in Japan from April 2022 onwards for employers with more than 100 employees. In the US, states and localities continue enacting laws to address pay issues, and the federal Office of Federal Contract Compliance Programs is evaluating the latest EEO-1 Component 2 data as part of its compliance and enforcement efforts.

Our updated report, Gender pay transparency: An international survey, sets out the latest positions on gender pay transparency across 37 countries. Read it here.
Celebrating Black History Month
In the UK and parts of Europe, Black History Month is celebrated in the fall, recognizing the achievements and contributions of Black people while highlighting the ongoing need to tackle racism the world over. This October, the theme of the UK’s Black History Month was Proud To Be, showcasing the achievements of the UK’s Black and Brown people and the rich diversity they bring.

As part of DLA Piper’s celebrations of BHM, some of our colleagues, among them partner David Ampaw and trainee solicitor Nellie Wanyama, have shared their personal reflections on social media. As Nellie wrote, “These conversations are powerful and can move us forward when coupled with self-education, self-reflection and a willingness to occasionally be uncomfortable.” We are also proud to note that in early October, Sandra Wallace, DLA Piper’s Joint Managing Director, UK, and Europe and employment partner, was named one of Britain’s most influential Black people by Powerlist 2022.
Global event: Impact of the EU Whistleblowing Protection Directive on global employers – webinar, November 17, 4 pm GMT
Join DLA Piper for our global webinar exploring the key features of the new EU Whistleblowing Protection Directive, due to be implemented across the EU-27 countries by December 17, 2021. We will look at requirements for internal reporting channels, retaliation protections, the directive’s interaction with whistleblowing regimes outside the EU – including the US Sarbanes-Oxley regime – and what global employers should be considering now.

Register here. And for the latest EU Whistleblowing Protection Directive information and implementation status, access our Whistleblowing report and implementation tracker here.

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