AUGUST 27th 2020 HR WORLD TODAY FLSA, salary history reforms, 1-9 compliance It hardly seems possible to imagine it now, and the latest multimillion dollar class action. but for 30 years before World War I passports in Europe were not required. It One thing that is common to all countries was fine just to jump onto a train in Madrid around the World is the ineptitude of and travel to Moscow without any significant governments concerning legal deadlines - as formalities, or form of identification. This in Poland, and the appointment of changed during the war, but it still took unqualified government Ministers making another 66 years for standardised passports decisions on doubtful advice, as in the UK. to be introduced. Since then, and especially Courts too are continuing to issue bad or since 9/11 and COVID-19, international confusing decisions - whether it be over the travel has transformed into a nightmare of Holiday Act in New Zealand, emergency passport checks, visas, virus test certificates, leave in Italy or the ECJ's insistence that a authorization to travel certificates,face mask TUPE transfer which splits a business in two checks, social distancing rules, means an employee must also transfer to Schengen/non Schengen queues, and separate part-time jobs. security checks repeated at every international change of a plane. A subject that we could always fill the newswire with is workplace malfeasance. Such concerns have also been compounded Whether it be by errant employers, as in for employers by the spectre of immigration North Macedonia, or perfidious trade union requirements, and regulations relating to leaders - as in the latest US teamsters case. cross-border and mobile workers. The We could equally fill our pages with European Union, that was supposed to make government proposals that defy reality - as cross border formalities easier, has just we show in the latest US EEOC reform introduced more layers of bureaucracy. proposals - or instances where state authorities single out a company arbitrarily to But, in spite of these difficulties, many track and search for fault. Such "fishing trips" countries in Europe and even beyond its and harassment, as we illustrate in the bounds - such as Georgia - still yearn to be example of Spartoo, is probably the only way part of the EU or, like Egypt, seek to that a data protection authority is going to introduce rules that mimic the EU's GDPR. find - in sufficient cases to justify its own North America, however, is a very different existence - enough evidence of any kind on World, which continues to be dominated by which to base a prosecution. its own perennial concerns - such as the The ultimate HR support organisation for multinational employers As with previous issues, pregnancy and the effective date is set to be 14th October maternity protection still fills the legislative 2020, it will have no effect until executive horizon - whether it be in Ghana, Nigeria, regulations are published within the following Germany or Poland. Tax, pay and wage 6 months. Moreover, once these are subsidies also still loom large, with signs that published, there will be a 12-month transition not only will the health crisis not disappear period until companies must fully comply. any time soon, but that falling output may be That means it could well be April 2022 associated with rising reward levels. This before employers must fall in line with the can only (in turn) mean one thing - runaway new requirements. price inflation starting later in the year. Economists will always seek to persuade us GEORGIA: This Caucasian (former USSR) that high unemployment does not go hand in state has long aspired to join the European hand with price inflation, but of course it can Union. In order to do this, however, it will (as happened with a vengeance in the need to bring its labour laws in line with EU 1970s). This is now an especial danger Directives. It lacks, however, the because supply chains are so badly apprehension to do this and therefore has damaged and many retailers are so evidently often become confused about what stretching margins in the face of reduced measures it needs to take. In its latest demand and growing uncertainty. reforms, trade-offs have been made in the face of strong pressures from the Georgian AFRICA AND MIDDLE EAST Business Association. This primarily concerns the standard 40-hour week and the ANGOLA: A radical overhaul is taking place treatment of overtime, which rules are, in any to Angola's income tax system. On the case, not generally observed. As things positive side, this includes a rise in the stand, a new law is about to be adopted that monthly tax-free allowance from Kz35,001 will, at least formally, change the structure of (US$60) to Kz70,001 (US$121) - the employment law, and especially working manufacturing minimum wage being time, with a ban on "back-to-back shifts" and Kz26,817 (US$46.47). However, the scope the introduction of rights to a 24-hour break for income tax has been substantially each week and a 48-hour break each widened to take in such items as severance fortnight. This law will further strengthen the payments and housing allowances. Tax role of the industrial inspectorate and rates too have been changed from a allowing it to have an independent minimum rate of 7% to a new rate of 10%, Directorate. Inspectors will have powers to and a maximum rate of 17% to a new rate of enter any workplace without notice and issue 25%. What’s more, services acquired from modest on-the-spot fines or suspend non-residents are now subject to a dangerous operations. On the labour withholding tax of 15%. relations front, there will also be reforms, with, for instance, the minimum number of EGYPT: The government has finally issued workers required to form a trades union its Personal Data Protection Law, number reduced from 50 to 25. 151/2020. This is the country's first measure of its kind and it will apply to all those who GHANA: One of the two leading parties collect and process personal data. Although contending the forthcoming general election 2 The fortnightly review of HR worldwide from the Federation of International Employers (FedEE) in December 2020 is the National for interpreting the Employment Equality Act Democratic Congress (NDC). A key element 1998. It sets out to define the main types of of the NDC manifesto is an increase of the violence in the workplace from traditional minimum maternity leave from 12 weeks to 4 forms (i.e. intimidation and bullying) to newer months, plus any period of annual leave a forms arising from the internet. It guides woman is entitled to after her period of employers on how to establish a safer confinement. workplace, address workplace culture, guard against third-party threats and introduce ISRAEL: The High Court of Justice has proactive strategies. Written responses given the Health Ministry until the end of should be submitted to the Ministry by 20th September to come up with an alternative to October 2020. using the sick pay scheme to support workers required to go into quarantine. TURKEY: Articles 6 and 7 of the According to the court, quarantine is not Occupational Health and Safety Law were sickness and the decision to place someone due to come into force on 1st July 2020. This on it is not the employers. Therefore, an established the obligation for workplaces employer should not be responsible for employing less than 50 employees to hire paying for the necessary 10-day enforced the services of an external occupational isolation period. If the Health Ministry does physician and occupational safety specialist. not come up with a solution, employees will However, after the legal deadline had only have their own annual leave days to fall passed, the government suspended the law back on to cover their quarantine period. one again until 31st December 2023. KUWAIT: With effect from 1st January 2021, TURKEY-IRAN-EAST MEDITERRANEAN: work permits will no longer be issued for Companies operating in the Middle East may those aged 60 years and older, unless they wish to keep their thumb over the withdraw possess a University degree. This new rule button. This is because a rapid is part of the government’s plan to force transformation is taking place, partly based some 360,000 expats to leave the country in on economic instability arising from the the short term, out of which, 150,000 will be pandemic and the depressed oil price, but expats aged 60+. also through new alliances that could herald an unpredictable rebalancing of power in the NIGERIA: State employees in Oyo state will region. China has long supported the Syrian shortly have their maternity leave extended Assad dictatorship and is now about to sign from 4 to 6 months. It is also planned to an oil for armaments agreement with Iran introduce paternity leave into the terms and that would give China territory in the Gulf conditions of the state Civil Service. and Iran a back door to escape US sanctions. The US has stopped arms supplies to SOUTH AFRICA: The Ministry of Turkey, which also increasingly feels Employment and Labour has published for threatened from every direction in the region comment a Draft Code of Good Practice on and has started to give leaders of the the prevention and elimination of Violence terrorist organisation Hamas Turkish and Harassment in the World of Work. This passports so that they may travel is principally intended to create a new basis internationally. Meanwhile, Israel has 3 The fortnightly review of HR worldwide from the Federation of International Employers (FedEE) achieved the previously unthinkable and with the workers concerned.