Global: Roundup of developments for November 2015



Australia: Changes to the Fair Work Act

The Australian parliament has recently enacted the "Fair Work Amendment Bill".  The changes which the amended legislation will bring about include changes to the regime governing protected industrial action; to the rules on parental leave; and to the laws on "Greenfields" collective bargaining agreements.

Indonesia: First data privacy law

Indonesia's data protection regime is about to be transformed with a new Draft Bill on the Protection of Private Personal Data. The Ministry of Communications and Information has indicated that the Bill may become law as soon as mid-February 2016, although the exact date remains uncertain.  If passed, this will become Indonesia’s first comprehensive law to specifically deal with the issue of data privacy and its significance is undoubted.

France: Update on the Macron and Rebsamen laws

Since the Macron and Rebsamen laws came into force in August 2015,  relatively little progress has been made in terms of publication of implementing decrees.   A decree has, however, now been published in relation to Sunday and evening working and significant progress has been made with a number of other decrees.

Spain: Employment contract clauses which require employees to give private email address and mobile phone number declared void

In September 2015, the Spanish Supreme Court issued a noteworthy ruling declaring void a clause in an employment contract which requires employees to give their private mobile number and/or private email address to their employer.  According to the Court, while data protection legislation does not require companies to obtain employee consent in relation to any personal information required for the maintenance/fulfilment of the contract, this does not apply to private mobile telephone numbers/email addresses which are not needed to maintain the employment relationship.

Other developments

Asia Pacific

China: Shanghai court upholds reinstatement claim by senior manager despite removal by board resolution

China: End of the one-child policy - impact on family rights in the workplace?

India: Proposed labor law reforms


France: Traineeships: Legal framework

France: New case-law developments relating to asbestos: potential shared liability of the employer and the State

Germany: Discriminatory severance payments

Germany: Employee objection to transfer following transfer of a business

Germany: Be Aware Deutschland

South Africa: Hot off the bench - the enforcement of CCMA Arbitration Awards under the LRA amendments

UK: Calculation of holiday when workers change hours during the holiday year

UK: Whistleblowing "public interest" test - EAT gives surprisingly wide interpretation


Canada: Ontario's new Sexual Violence and Harassment Action Plan Act: Employer impact

Canada: Ontario Human Rights Tribunal awards record setting damages for workplace sexual misconduct

Canada: BC Supreme Court overturns record award for injury to dignity

US: Is a severance policy covered by the ERISA rules?

US: Fact sheet and model notice clarify NYC employers' obligations under new "ban the box" law

US: Is there really a corporate obligation to provide a Miranda-esque warning in intro-corporate investigations?


Contact Information
Tim Marshall
Global Co-Chair - EMEA and Asia Pacific at DLA Piper
+44 207 796 6617

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