Global Business Solutions

EU Settlement Scheme: Right to work checks

The EU Settlement Scheme permits EU nationals who were residing in the UK as at 31 December 2020 to apply to remain in the UK either under Settled or Pre-Settled Status (depending on whether the applicant had more or less than five years residence). The deadline for applications was 30 June 2021. 

From 1 July in order to evidence their settled/pre-settled status to an employer (to satisfy the employer’s Right to Work check requirements) an existing employee or candidate should  use the UK Government’s online right to work service. The employee or prospective employee is required to enter their passport number and date of birth into www.gov.uk/prove-right-to-work and is then issued with a share code valid for 30 days. The employee may give this code directly to their employer or choose to send it via the online right to work service. The employer must enter the share code and the employee's date of birth into www.gov.uk/view-right-to-work to view the employee’s profile. As an employer you should check these details carefully, including the photograph to confirm the individual’s identity. This profile can be retained as evidence of the online right to work check. If the profile page notes that the individual’s right to work is time limited, a record should be kept of that expiry date so that a follow-up check can be done prior to the employee's right to work coming to an end.

EU Settlement Scheme: COVID-19 concessions

The UK Home Office announced on 1 June 2021 that under its EU Settlement Scheme continuity of residence in the UK can be preserved in circumstances where an applicant has been absent from the UK as a result of COVID-19. Highlights of the policy include as one example - “A person’s continuity of residence in the UK will not be broken if they have a single absence of up to 12 months for an important reason”. The following are listed as acceptable (non-exhaustive) reasons for late submission:

• being ill with COVID-19 or caring for a family member affected by COVID-19
• being prevented from returning earlier to the UK due to travel disruption caused by the pandemic.

When applying under the scheme the applicant should upload all relevant evidence online and may be contacted by a caseworker before a decision is made on the application.

Navigating the Right to Work checks and the EU Settlement Scheme can be tricky – if you need any guidance please get in touch.

Brazil: COVID-19 Labour Measures

On 7 June 2021 Brazil issued a new order in response to the issues facing the employment sector as a result of COVID-19. The New Emergency Program for Maintenance of Jobs and Income in Brazil contains a number of key employment-related measures, some of which simply reinstate the provisions contained in the earlier executive order (which has since become Law no. 14,020/20).

The main measures are:

• employers are permitted to implement salary reductions or work suspension by written agreement for a temporary period of 120 days
• emergency financial benefits funded by the Ministry of the Economy which can provide wages for employees during the pay reduction/suspension period
• employment protection for employees who are subject to pay reductions or work suspension during the 120-day period (the job security period) and additional protection for pregnant employees during the job security period
• a termination without cause during the job security period, will generate an extra indemnity payment (in addition to the existing statutory severance obligation), calculated as one of
  • 50% of the salary that the employee would have been paid during the job security period where salary has been reduced by between 25% and 50%
  • 75% of the salary that the employee would have been paid during the job security period where salary has been reduced by between 50% and 70%
  • 100% of the salary that the employee would have been paid during the job security period where salary has been reduced by 75% or above or where there is employment suspension.
• the job security provisions are not applied when an employee resigns their position is terminated by mutual consent or is terminated by the employer for cause.

Canada

Proposed paid sick leave in Saskatchewan

Currently there is no entitlement to paid sick leave for employees in Saskatchewan, however the government has proposed Bill 603 which, if passed, will entitle employees to 10 days paid sick leave in a 52 week period. This will increase to 14 days paid sick leave in a 52 week period when a state emergency has been declared which relates to a communicable disease (17(1) of The Emergency Planning Act).

British Columbia introduces paid leave for COVID-19 related reasons and mandates permanent paid leave from 2022.

Employees in British Columbia are now entitled to three paid sick leave days if unable to work because:

• the employee is diagnosed with COVID-19 and is acting in accordance with an order or instructions of a medical health officer or advice of a medical practitioner, nurse practitioner or registered nurse
•  the employee is in quarantine or self-isolated as required by law and/or
• the employee is being directed to stay home by their employer due to exposure-related risks.

This is paid directly by the employer, although in some cases up to $200 per employee per day may be claimed for reimbursement from the government.

The above COVID-19 related sick leave days are in addition to the unpaid leave currently available under the Employment Standards Act and is in effect until 31 December 2021. A mandate for permanent paid sick leave has also been approved, to commence after the expiry of the paid COVID-19 leave, in 2022. This permanent paid leave will be broader than the paid COVID-19 leave. Further details will become available after consultation.

Quebec – Bill 96 - An Act respecting French, the official and common language of Quebec

• Bill 96 was tabled to the National Assembly on 13 May 2021. The Bill clarifies and reinforces the previous rules and their application by the Office québécois de la langue française (“OQLF”) as well as providing for the addition of some new items. The Bill is based on the following principles:

• ensuring that the workers’ right to carry on their activities in French is respected
• the right to a work environment free of discrimination or harassment related to the use of French or to claiming a right arising from the Charter of the French language
• taking all reasonable means to avoid requiring a person to have knowledge of a language other than French to obtain or keep a position
• strengthening the use of French as the language of commerce and business, in particular as it concerns signs, posters and the drafting of certain documents, such as contracts relating to certain sales of immovable property
• extending francization to enterprises employing 25 or more persons (previously 50 or more)
• introducing provisions relating to the establishment of French language learning services within enterprises.

Canada - New Federal Statutory Holiday

Federally regulated businesses and the federal government will observe a new annual statutory holiday on 30 September 2021. The National Day for Truth and Reconciliation aims to “honour Survivors, their families, and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process” in response to the calls for action in response to the injustices inflicted on First Nations, Inuit and the Métis Nation, including the forced removal of children from their families to attend residential schools and the abuse the children experienced there.

While federally-regulated employees will be entitled to pay for this holiday, employees of private businesses will not be unless implemented by their employer at a company level. At this time it is unclear as to whether private employers will take steps to implement this on a voluntary basis.

Hong Kong: Harassment protection

On 19 June 2020 legislation in Hong Kong was amended to enhance harassment protection. These amendments came into force on 19 June 2021 and are summarised below.

• Protection from sexual, racial and disability harassment in common workplaces is extended to workplace participants who have no employment relationships (in other words, interns and volunteers), and obligations not to harass others in the workplaces are imposed on such workplace participants under the Sex Discrimination Ordinance, the Disability Discrimination Ordinance and the Race Discrimination Ordinance of Hong Kong.
• Employers will be held vicariously liable for acts of harassment committed by a workplace participant unless practicable steps have been taken to prevent this.
• Protection against racial discrimination and harassment are extended to associates of the individual (in other words, the spouse or domestic partner) and the definitions of race and racial groups have been widened to include the imputation of a race or racial group to a person, under the Race Discrimination Ordinance.
• It will be unlawful to directly or indirectly discriminate against breastfeeding women in key contexts including employment, education and the provision of goods, facilities or services under the Sex Discrimination Ordinance.

Saudi Arabia: Mandatory COVID-19 vaccines

The Saudi Ministry of Human Resources and Social Development has announced that a coronavirus vaccine will be a mandatory requirement from 1 August 2021 for:

• entry for all economic, commercial, cultural, entertainment or sporting activities
• entry for all cultural, scientific, social or entertainment events
• entering into all governmental or private establishments (whether to perform business or audit)
• entry into all governmental or private educational facilities (whether to perform business or audit)
• use of public transport.

The practicalities of how the proposed requirement will work are yet to be clarified, as are any exemptions and acceptable brands of vaccines.

From an employer perspective, they will have the ability to insist that employees attending a workplace are vaccinated and therefore there may be grounds for disciplinary proceedings on the basis of an employee’s refusal to comply with a reasonable management request where employees need to attend a workplace. For those employees who are working remotely, it is as yet unclear as to whether the new rule can be relied upon.