Angola
New Regulations for Nonresident Foreign Employees
New Legislation Enacted
Authors: Elieser Corte Real, Partner, and Nuno Gouveia, Partner – Miranda Alliance - Fátima Freitas & Associados
On February 18, 2025, Presidential Decree No. 49/25 was published and went into effect, regulating the professional activity of nonresident foreign employees (expatriates). This law revoked previous Presidential Decrees no. 43/17, of March 6, 2017, and 79/17 of April 24, 2017. Among the main changes the law imposes are the new rules on the duration of employment contracts for expatriate employees, as well as new procedures for registering employment contracts, including employment contracts with expatriate employees on temporary stay visas, with the employment centers. The statute clarifies that the concept of "national workforce" includes resident foreigners, which was a question under the previous regime
New Law Defining and Classifying Labor Law Offenses
New Legislation Enacted
Authors: Elieser Corte Real, Partner and Head of Employment, and Nuno Gouveia, Partner and Head of Employment – Miranda Alliance - Fátima Freitas & Associados
On February 19, 2025, Presidential Decree No. 50/25, went into effect, defining and classifying labor law offenses in violation of Law No. 12/23, of December 27, 2023 and Presidential Decree no. 152/24, of July 17, 2024. The statute now classifies offenses as minor, serious and very serious misdemeanors, increases the applicable fines and clarifies additional penalties to which offenders may be subject. This law also establishes the administrative procedure for applying fines.
New Law Regulating Temporary Work Contracts and the Assignment of Temporary Workers
New Legislation Enacted
Authors: Elieser Corte Real, Partner and Head of Employment, and Nuno Gouveia, Partner and Head of Employment – Miranda Alliance - Fátima Freitas & Associado
On February 19, 2025, Presidential Decree No. 51/25, went into effect, regulating work assignments of temporary employees by manpower agencies. The new law provides that temporary employees must be employed under the same conditions, and for the same maximum terms (including renewals) provided for in the General Labor Law for fixed-term employees. The statute also regulates the licensing procedures for manpower agencies. The contracts for employee assignments previously concluded under Presidential Decree No. 31/17, of February 22, 2017, remain in force until their expiration date but may only be renewed in accordance with the new law.
Austria
Companies with More than 400 Employees Required to Appoint an "Accessibility Officer"
New Legislation Enacted
Authors: Linda Gahleitner, Associate, and Armin Popp, Partner – Littler Austria
Companies with more than 400 employees are now required to appoint an "Accessibility Officer" and a deputy. Accessibility officers are responsible for accessibility issues for internal and external individuals within the company and must be involved in all related internal planning processes. The area of responsibility includes not only accessibility of buildings, but also all information and communication technologies, IT equipment, access to information in plain language and much more. The tasks include, for example, putting forward suggestions for change, exchanging ideas with disability representatives and working with experts in disability organizations.
Accessibility officers perform their role on a voluntary basis for five years together with their professional duties, for which they continue to be paid. In addition, accessibility officers must be given access to training, further education and professional development to enable them to fulfil their tasks.
Accidents Resulting from Transportation on E-scooters Are Not Considered Work-Related
Precedential Decision by Judiciary or Regulatory Agenc
Authors: Linda Gahleitner, Associate, and Armin Popp, Partner – Littler Aust
In principle, work-related transportation is covered by employment insurance if ordinary transportation is used. According to a decision by the Austrian Supreme Court, e-scooters do not fall under such ordinary means of transportation. Although the vehicles are becoming increasingly common in cities and are also frequently used, the court held that their use requires a high level of skill. The nature of the device results in a particular hazard, which is why an accident involving an e-scooter is not considered a workrelated accident.
The End of Government Financial Support for Employees during Educational Leave
New Regulation or Official Guidance
Authors: Linda Gahleitner, Associate, and Armin Popp, Partner – Littler Austria
The Austrian government has announced plans to abolish paid educational leave. Previously, after six months of employment, employers could agree to educational leave for employees for two to 12 months during which employees received financial support from the government if they completed 20 hours per week of trainin
Although educational leave can still be agreed upon with the employer, there will no longer be any government support during this time. There will continue to be support for educational leave that is already in progress or has been approved through a transitional arrangement.
Brazil
21 New Binding Rules Impacting Employers' Day-to-Day Operations
Precedential Decision by Judiciary or Regulatory Agency
Authors: Marília Minicucci, Shareholder, and Pâmela Gordo, Senior Associate – Chiode Minicucci Advogados
On February 24, 2025, the Brazilian Superior Labor Court (TST) issued 21 new binding rules to be followed by labor courts and judges when ruling in similar cases. Some of the new rules may impact companies' day-to-day operations, irrespective of ongoing labor claims. Here are a few relevant examples, related to different topics:
- Unemployment Guarantee Fund (FGTS) payments may not be made directly to employees, even in extrajudicial agreements. The payments should be wired into the FGTS account, instead of being paid directly to employees.
- There is a fine for tardiness in the payment of statutory termination payments in the event of constructive dismissal. Employers are well-advised to contact their attorney as soon as they are served with a lawsuit alleging constructive dismissal.
- A pregnant employee's resignation is only valid with the assistance of a union representative or the local authority of the Ministry of Labor and Employment.
- When a worker's termination for misconduct is reversed, the employer will be required to pay compensation to the worker.
- Employers may not "claw back" commissions on cancelled sales and sales made in installments. For sales made in installments, the commission is levied on the total value of the sale (including interest and financial charges), unless there is a policy in place providing otherwise.
- A purely visual inspection of employees' belongings is lawful and does not result in damages, as long as it occurs in an impersonal, general manner, without physical contact and without embarrassing or humiliating exposure.
New Health and Safety Action Required for Brazil Employers – Psychosocial Ri
New Regulation or Official Guidance
Author: Renata Neeser, Shareholder – Littler
In recent years, the importance of addressing psychosocial risks in the workplace has gained significant attention. In Brazil, new regulations are being implemented to ensure employers take these risks seriously. Companies with employees in Brazil have until May 26, 2025, to revise their Brazil Risk Management Program (PGR) to include psychosocial risks.
Accordingly, employers must give additional attention to this issue in Brazil, analyzing potential work stressors and adopting plans to remove or minimize them. Cross-cultural training for management will continue to be a relevant and important tool to bring awareness to cultural differences, in addition to the traditional anti-harassment trainings. Employers are encouraged to consult with multinational employment counsel regarding strategies to get into compliance in Brazil, by creating and updating their PGR, as part of their global health and safety program. Please review our article for more details.
Brazilian Superior Labor Court Ruling Session: Standardization of Issues Facing Employers
Trend/Informational
Authors: Marília Minicucci, Shareholder, and Pâmela Gordo, Senior Associate – Chiode Minicucci Advogado
On March 25, 2025, the Brazilian Superior Labor Court (TST) held a ruling session aimed at standardizing and shaping case law on several recurring topics and guiding lower courts (and litigants) in similar cases. Some of the topics discussed included: (i) employees exempt from time-tracking and the burden of proof on exemption status; (ii) outsourcing of services and subsidiary liability when workers provide services to several companies; (iii) forklift refueling and the right to a risk bonus; and (iv) employees in Social Security "limbo."
Canada
Minimum Wage Increases Announced for Four Canadian Jurisdictions
New Legislation Enacted
Authors: Monty Verlint, Partner, and Jaime Zorrilla, Articling Student – Littler LLP
The minimum wage in British Columbia, Newfoundland and Labrador, Yukon Territory and all federally regulated workplaces will increase on either April 1, 2025, or June 1, 2025. The increase is automatic and adjusted based on the consumer price index, as specified in each of the respective jurisdictions' minimum wage laws. The increases and new minimum wages are as follows:
- British Columbia: 2.6% increase | CAD 17.85 per hour (June 1, 2025)
- Newfoundland and Labrador: 2.6% increase | CAD 16.00 per hour (April 1, 2025)
- Yukon Territory: 2.0% increase | CAD 17.94 per hour (April 1, 2025)
- Federally Regulated Workplaces: 2.4% increase | CAD 17.75 per hour (April 1, 2025)
Ontario: Human Rights Tribunal Finds Job Posting for a "Qualified Woman" Did Not Constitute Discrimination
Precedential Decision by Judiciary or Regulatory Agency
Authors: Monty Verlint, Partner, and Jaime Zorrilla, Articling Student – Littler LLP
In Horne v. Public Service Alliance of Canada, 2024 HRTO 1788 (CanLII), the Human Rights Tribunal of Ontario (HRTO) dismissed an application alleging that a job posting stating the successful candidate would be a "qualified woman" constituted discrimination in employment contrary to Ontario's Human Rights Code (HRC). The HRTO agreed with the employer that its Employment Equity Plan (Plan) was a "special program" within the meaning of section 14 of the HRC, which provides that the implementation of a special program "designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity" does not constitute discrimination. The HRTO found the Plan was "designed to alleviate the historic and continuing under-representation of women in the workforce and the conditions of disadvantage in employment experienced by women," and other specified equity-seeking groups.
Federal Court of Appeal Affirms Nuclear Industry Alcohol and Drug Testing Requirements for Those Working in "Safety Critical" Role
Precedential Decision by Judiciary or Regulatory Agency
Authors: Monty Verlint, Partner, and Jaime Zorrilla, Articling Student – Littler LLP
The Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random drug testing for those in safety critical roles at class I nuclear facilities. The decision in Power Workers' Union v. Canada (Attorney General), 2024 FCA 182 (CanLII) found that the government's objective of enhancing layers of risk reduction outweighed the privacy interests of employees. It also recognized that the Canadian Nuclear Safety Commission (CNSC) has the power to implement these testing procedures under Section 8 of the Canadian Charter of Rights and Freedoms.
The court found that the testing requirements were reasonable under Section 8 of the charter (unreasonable search and seizure), approving the following:
- Cutoff levels chosen to indicate recent use and increased likelihood of impairment
- Administrative procedures for challenging positive results
- Recommendations for confirmatory testing
- Nonpunitive focus on safety and treatment
The court also did not find any violations of Sections 7 (life, liberty and security of the person) or 15 (equality rights).
Federal Government Introduces Special Work-Share Measures in Preparation for Tariff War
Important Action by Regulatory Agency
Authors: Monty Verlint, Partner, and Jaime Zorrilla, Articling Student – Littler LLP
Recent changes known as special measures to Canada's Work Sharing program, effective as of March 7, 2025, have relaxed the application requirements for employers experiencing a decline in business activity due to the threat or realization of U.S. tariffs. Work Sharing is a program available through Service Canada and is designed to prevent layoffs by allowing employers and employees to make and submit agreements for approval by Service Canada to reduce employee working hours over a period of time.
Some of the major changes include:
- The maximum duration for these agreements is now 76 weeks, up from 36 weeks.
- The cooling off period requirement between agreements has been removed. In theory, employers can now reapply to have new agreements approved indefinitely.
- Streamlined oversight: Previously, employers had to tell Service Canada what "recovery efforts" they were going to engage in to put themselves in a stronger position going forward. Suggested measures included cost cutting, product development or client incentives. If employers wanted to extend agreements past 26 weeks, they had to follow up on their progress with Service Canada. Now, the focus is just maintaining viability of the business.
- Caps on the maximum work reduction (previously between 10%-60%) are now removed.
- Seasonal and cyclical employers and employees can now form agreements.
- Nonprofits can now apply based on reduced revenue.
Work Sharing special measures (or similar programs) were previously authorized during the COVID-19 pandemic, natural disasters like wildfires, sector specific downturns and the 2008 financial crisis. These changes are an indicator that the program is preparing for the potential impacts of a prolonged tariff war with broad effects to the Canadian economy as a whole.
China
Beijing Arbitration Case Confirms Workplace Bullying as Forced Termination
Precedential Decision by Judiciary or Regulatory Agency
Authors: Xi (Grace) Yang, Shareholder, and Jerry (Gongyu) Zhang, Pre-Bar Associate – Littler
In a recently published Beijing employment dispute arbitration case, an employee working as a Business Department Manager at a medical company refused an unreasonable job reassignment to an auditing role, citing a lack of expertise. In response, the company's legal representative removed the employee's responsibilities as a Business Manager, isolated the employee in a separate office, and ordered the employee to handwrite Buddhist scriptures 100 times. The company also confiscated the employee's work equipment and publicly announced the punitive measure. The arbitration committee ruled that these actions violated the employee's right to proper working conditions in accordance with the labor contract, justifying the employee's forced resignation and awarding statutory severance
Beijing Case Confirms Employee Termination for Conflict-of-Interest Violations
Precedential Decision by Judiciary or Regulatory Agency
Authors: Xi (Grace) Yang, Shareholder, and Jerry (Gongyu) Zhang, Pre-Bar Associate – Littler
In a recently published Beijing employment dispute arbitration case, a senior executive at an aviation consulting firm faced dismissal for failing to disclose a significant conflict of interest. The executive had co-founded a separate company that later provided services to the consulting firm (i.e., the employer). Despite the clear requirement in the company's compliance policies to disclose any such relationships, the executive did not report this connection in the mandatory compliance declarations.
The situation came to light when email records were reviewed, revealing that the executive referred to the external business partner as their "Shanghai partner." This evidence indicated a close and undisclosed relationship between the executive and the external company, directly violating the firm's policies against conflicts of interest. Given the explicit prohibition of such conflicts in the company's policies and the subst
China Releases New Measures on Personal Information Protection Compliance
New Regulation or Official Guidance
Authors: Xi (Grace) Yang, Shareholder, and Jerry (Gongyu) Zhang, Pre-Bar Associate – Littler
On February 14, 2025, China's Cyberspace Administration released the Personal Information Protection Compliance Audit Measures, effective May 1, 2025, to strengthen personal data protection. Personal data handlers will be required to conduct audits "regularly," either internally or through external professional institutions. Companies handling over 10 million individuals' personal data must conduct compliance audits at least once every two years. Authorities can mandate regulatory audits in several circumstances, such as when they detect significant risks, potential violations, or security incidents. Non-compliance with the Measures will lead to under China's Personal Information Protection Law (PIPL) and Network Data Security Regulations.
China Introduces Phased Retirement with Flexible Options
New Regulation or Official Guidance
Authors: Xi (Grace) Yang, Shareholder, and Jerry (Gongyu) Zhang, Pre-Bar Associate – Littler
Starting January 1, 2025, China began to gradually increase the statutory retirement age, raising it from 60 to 63 for men and from 50 or 55 to 55 or 58 for women over the next 15 years. A new flexible retirement system allows employees who meet the minimum pension contribution years to voluntarily retire up to three years early, but not before the original statutory ages of 50 or 55 for female workers, and 60 for male workers. Employees choosing early retirement must provide at least three months' written notice
to their employer. Additionally, employers and employees may mutually agree to delay retirement by up to three years, with written confirmation required at least one month in advance. During the flexible retirement period, the employment relationship between the employer and the employee remains in effect, and both parties must continue to pay social insurance contributions in full and on time.
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