Equality Act Implementation Confirmed
The
As expected, the GEO has confirmed that most of the Act will come into force on 1 October 2010. However, there are some significant measures over which the Coalition Government is still deliberating. These include:
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The duty on public authorities to take into account 'socio-economic' inequality when making strategic decisions.
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The 'dual discrimination' provisions, which would introduce a right to bring discrimination claims combining two protected characteristics.
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The requirement for employers with 250 or more employees to publish information on their gender pay gap.
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The provisions allowing employers to take positive action, in recruitment and promotion, in favour of members of an under-represented group.
Procedure for Family Reunification for Registered Partners has been Relaxed as of 30 July 2010
Married and registered partners of foreign workers, who accompany their partner to Belgium, can obtain a residence permit by following a procedure for family reunification. The procedure relates to situations in which case a non-EU citizen applies for a family reunification with his/her partner, another non-EU citizen with a limited right of residence.
Contrary to married partners, legally registered partners (who are not married) have to prove that they have a long-lasting and stable relationship as defined by Royal Decree.
Continue Reading...Flemish Government Eases System of Individual Professional Training
Very recently, the Flemish government modified the regulation on Individual Professional Training (IPT).
The IPT permits a company, in consultation with the "Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding (VDAB)" (the public employment service of Flanders, comparable with the FOREm in Wallonia and Actiris in Brussels), to train and employ a job seeker during a certain period of time under favourable conditions. As long as the IPT runs, the employer only pays approximately one third of the usual labour cost.
The employer is, however, obliged to enter into a permanent contract with the trainee immediately after the training.
Continue Reading...Ontario Government Announces Phase 2 of Pension Reform
The Ontario government has released a backgrounder outlining proposed measures for Phase 2 of its pension reform agenda. The proposed reforms would add another layer of restrictive rules on private sector defined benefit pension plans and introduce favourable rules for pension plans in the broader public sector.
Continue Reading...Enforcement Action by Federal Trade Commission Highlights Importance of Social Media Guidelines for Employees
Employees who post reviews of their employer's products and services on social media sites, without disclosing their corporate affiliation, can land their employer in an Federal Trade Commission (FTC) enforcement action. The FTC's second enforcement action for violation of the agency's endorsement guidelines, announced on August 26, makes this point. To learn more about the guidelines, enforcement actions and their implications for employers, please continue reading at Littler's
Work Assignments in Dangerous Regions Becoming More Common
As new geographic markets emerge and businesses of all sizes expand their operations overseas, employers face significant challenges in managing the risks involved when employees work in dangerous regions. International employment lawyer Mariana Villa da Costa, quoted in a report by USA Today, estimates that about 10% of employees who are transferred from the U.S. are assigned to countries that are considered "dangerous or have harsh conditions of living." In addition to global operations management considerations, employers must engage in "travel risk management," factoring in numerous country-specific or region-specific factors when sending employees to potential danger zones, e.g., the risks of war, terrorism, kidnapping, natural disasters or political instability. Myriad companies--many staffed by former military and intelligence employees with international experience--have sprung up to provide service-specific assistance, including medical (transporting sick or injured employees to bordering countries with superior medical faculties and facilities) and safety (security briefings and extraction of kidnapped workers).
Guidelines Released on the Re-employment of Older Workers in Singapore
The Singapore government intends to introduce re-employment legislation to take effect on 1 January 2012. The Tripartite Committee on Employability of Older Workers was charged with the task of working through the practical aspects of the re-employment legislation and producing guidelines for employers. The guidelines were finalised following a round of public consultation in late 2009.
The guidelines are not legally binding. Rather, they are intended to assist employers and employees to prepare for the implementation of the re-employment legislation in 2012. The guidelines identify good re-employment practices that employers are encouraged to adopt in advance of the legislation coming into effect.
To read more about this development, please click here.
Contributors: George Cooper, Partner, and Celia Yuen, Senior Associate
Immigration Update for Week of August 23
United States: Electronic System for Travel Authorization Fees Introduced
Beginning September 8, 2010, international travelers to the United States from Visa Waiver Program nations will be required to pay a $14 Electronic System for Travel Authorization fee. Read the full post here. (August 29)
India Further Clarifies Work-Related Visa Requirements
India's Ministry of Home Affairs has released a new Frequently Asked Questions document concerning work-related visas. Read the full post here. (August 29)
United States: H-1B and L-1 Visa Fee Increases Take Effect
U.S. Citizenship and Immigration Services announced that, as of August 13, 2010, H-1B and L-1 visa application fees increased by $2,000 and $2,250, respectively, for certain businesses. Read the full post here. (August 27)
Image credit: CDH Design
Liability for Breach of Industrial Safety Requirements is Intensified
Effective January 1, 2011, the administrative liability for organizations having dangerous production facilities, and officers of these organizations for breach of industrial safety requirements, will be intensified. The fines for offenses in this sphere will be raised significantly (10 times and even more) for organizations and their officers.
For further information about this development, please continue reading ALRUD's newsletter (pdf).
Multi-State Employers Must Revise Job Applications to Address New Massachusetts Background Check Law
Recently enacted legislation in