Be Global: Employment law in 5

Region in flux: Latin America

Recent months have seen important employment law developments across Latin America. The new Colombian government has proposed significant labour reforms including prior authorisation for some terminations and increased severance payments, among other things. In Puerto Rico, the 2022 labour reform has been declared null and void by the Federal Court, so for now, the 2017 labour reform stands. 

In Brazil, as of March 2023, all employers with a CIPA must comply with significant new obligations to prevent sexual harassment in the workplace; Puerto Rico introduced similar laws last year. Employers in both countries must review existing processes for compliance. 

In Peru, companies must update employment agreements and policies to reflect the new legal telework framework by 27 April 2023, addressing issues including international telework, the provision of equipment, home working costs, and the right to disconnect. In Chile, parents of children with autism spectrum disorder (ASD) now have the right to take time off work in emergency situations relating to the needs of the child, as long as the parent has informed the Labour Authority of the ASD diagnosis. Finally, in Argentina, some Trades Unions are seeking to restart discussions about collective wage agreements to determine salary increases in the context of current inflation rates which are running at over 100%.

Review: Significant developments across the US

Employment change continues at pace in the US. NLRB General Counsel Jennifer Abruzzo issued a memorandum clarifying the Board’s recent decision restricting the use of broad confidentiality and non-disparagement provisions in severance agreements; New York amended its new pay transparency law to, among other things, clarify that compensation information and job descriptions must be included in advertisements for jobs, promotions or transfer opportunities “that will physically be performed outside of New York but report to a supervisor, office, or other work site in New York”; and more states and localities (e.g., Massachusetts, District of Columbia, Illinois, New Jersey, New York) are considering legislation to address the use of AI systems, with New York City’s first-in-the-nation law currently set to be enforced starting on 15 April 2023.

Advance:  Singapore planning for new discrimination laws

The committee convened to review the workplace fairness framework in Singapore has issued its long-awaited report, which includes 20 recommendations providing employers with greater clarity on the likely scope of final legislation, including stronger protections against discrimination, processes for resolving grievances and disputes, and new remedies for victims. The report is open to a consultation period, with a final version expected later this year (with legislation to follow in 2024).  

Focus on Spain:  Legislative changes in 2023

The trend in Spain for strengthened workers’ rights continues.  As part of a package of measures on reproductive rights, Spain has become the first country in Europe to provide paid menstrual leave; new whistleblowing laws protect workers who report wrongdoing and establish a new independent body to protect whistleblowers; changes to the Worker’s Statute tighten rules on collective dismissals; and the new law on rights for LGTBI has significant workplace implications.

Attend: Employment law events around the globe

Join us for international events coming up, virtually and in person.  On April 19, our Asia-Pacific webinar will explore Employment and Tax Implications for Cross Border Workers: PRC, HK and SG. During April and May, DLA Piper employment lawyers from 12 EMEA countries will deliver half-day international training workshops at our London HQ.  Also in London, on June 7, join us for our one-day conference exploring cross-border restructuring through a European lens.