Russian Government Considers the Draft Federal Law Regarding ILO Paid Leaves Convention
The draft federal law "On ratification of the Convention N 132 "On paid leaves" of the International Labor Organization" is now under consideration of the Government of the Russian Federation.
The Convention was adopted on June 24, 1970 and stipulates the main rights of individuals on guaranteed annual paid leave. According to the provisions of the Convention, each member of the International Labor Organization upon its ratification is obliged to establish a minimal term of paid annual leave as well as the categories of employees it shall apply to. Therefore the draft federal law on ratification of the Convention envisages that the guaranteed annual paid leave in Russia comprises 28 calendar days and is applicable to the employees both of agricultural and non-agricultural economic sectors.
The currently effective legislation of the Russian Federation complies with the Convention. But the Government intends to ratify it in order to constitute Russian legislation basing on universally recognized norms of labor law which serve as the basis for all national labor laws.
New Paid Parental Leave Scheme Released
On May 4, 2010, the Australian Federal Government introduced draft legislation of Australia's first Paid Parental Leave Scheme. Australia is one of two countries participating in the Organisation for Economic Co-operation and Development (OECD) without a national paid parental leave scheme. The Bill will introduce up to a maximum of 18 weeks of government-funded paid parental leave for eligible parents of children born, adopted or placed on or after 1 January 2011.
Read the full post here.
This entry was written by Kate Jenkins and Lisa Croxford.
Arbitrator Awards Employee $500,000 for "Bad Faith" Termination
A labour arbitrator has awarded a unionized employee more than $500,000 for loss of income, mental suffering, and punitive damages after her employer acted in bad faith when it terminated her employment on the basis that she was malingering when she stayed off work an extra week to recover from surgery.
Continue Reading...Additional Maternity Leave
Since 1 January 2010, employees have the right to additional maternity leave. It may be used either by the mother or - in certain situations - by the father. In 2010 and 2011 the additional leave for mothers amounts to 2 weeks in the case of single births and 3 weeks in the case of multiple births. For fathers it is 1 week. The employee should apply for this leave at least 7 days in advance. An employee using this leave has the right to work during the leave, however, at no more than half-time.
Haiti Earthquake May Have Legal Repercussions for Employers
In the wake of the devastating earthquake in Haiti, businesses operating in the United States, even those without establishments in Haiti, will be facing employment issues related to the aftermath of the tragedy and the ongoing relief effort. Companies should anticipate new employment-related questions encountered when the business and/or its employees seek to aid the relief effort, either with monetary donations or by donations of skill, expertise or goods. In addition, employers with workers and business interests in Haiti must also address various personnel issues.
Continue Reading...New Compensation Limits and Statutory Payments for 2010 Confirmed
The Government has published the Employment Rights (Revision of Limits) Order 2009, which contains revised Employment Tribunal compensation limits applicable from 1 February 2010. Amongst other things, the Order revises the maximum compensatory award for unfair dismissal downward, from £66,200 to £65,300. The reduction reflects a decrease of 1.4 per cent in the Retail Prices Index (RPI) from September 2008 to September 2009.
Continue Reading...Significant Decisions in Labour, Employment, Human Rights, and Pension Law in 2009
In the last year, Canadian courts have tackled a wide range of legal issues that are relevant to employers. In the employment law context alone, the courts have considered the obligation of departing employees, the enforceability of non-competition covenants, and the ability of employees to commence a class action to seek damages for unpaid overtime pay.
To keep employers up to date on developments in the law, Heenan Blaikie's national labour and employment law practice has prepared a paper entitled " Recent Developments in Labour and Employment, Pension & Benefits and OHS/Workers Compensation" (pdf). The paper provides an overview of developments in the areas of employment, human rights, pensions, benefits, federal and provincial labour, workplace privacy, occupational health and safety, and workers' compensation law in 2009.
New Law Expands Family Military Leave Entitlements
On October 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010, legislation that contains provisions expanding Family and Medical Leave Act (FMLA) military family leave entitlements that were enacted by last year's defense authorization bill. The new law permits the spouse, parent or child of a member of the Armed Forces who is on active duty in a foreign country (or is called to active duty in a foreign country) to take up to 12 weeks of job-protected leave in a 12-month period for a "qualifying exigency." A broad range of events and activities are considered qualifying exigencies, including preparing for short-notice deployment; arranging for child care; making financial and legal arrangements; rest and recuperation; post-deployment activities; counseling; and military events and related activities. Prior to this Act, exigency leave was limited to family of Reserve and National Guard members.
Continue Reading...European Court of Justice Rules on Conflict Between Annual Leave and Sick Leave
The European Court of Justice recently handed down its preliminary ruling in Pereda v. Madrid Movilidad SA (C-277/08), holding that a worker who is on sick leave during a period of previously scheduled annual leave has the right, on request, to take that leave during a period which does not coincide with the period of sick leave. Stated differently, if a worker has arranged a period of annual leave but in fact is sick during some or all of that period, he or she may ask the employer to reschedule the leave for a period when the employee is not sick.
Continue Reading...Third Circuit Clarifies FMLA and ADA Issues
The United States Court of Appeals for the Third Circuit's recent decision in Erdman v. Nationwide Insurance Co. (pdf) provides much-needed guidance to employers on several Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) issues including: (1) how to analyze FMLA hours eligibility when the employee claims off-the-clock work; (2) what is considered a protected activity for purposes of an FMLA retaliation claim; and (3) how the ADA applies to employees who request leave to care for a disabled family member.
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