As jurisdictions across the world grapple with the effects of the more infectious delta variant, many governments either have taken or are considering more restrictive measures to reduce infection rates and community spread of COVID-19. As we have previously discussed, France is a country that has taken a tougher stance on encouraging COVID-19 vaccinations and has even required employees in certain sectors and industries, in accordance with Article 12, I, of the Law n°2021-1040, to receive a vaccination. The French government also recently introduced the Pass Sanitaire (i.e., health pass). Now, the French Data Protection Authority (“CNIL”) has provided guidance on employers’ obligations regarding collecting health pass information and COVID-19 vaccination data.
Category: International Employment
Ontario Again Extends Temporary Relief from the ESA’s Termination and Severance Provisions
As we previously highlighted, on May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), under the Employment Standards Act, 2000 (ESA). The IDEL Regulation retroactively reclassified any temporary layoff that occurred during the COVID-19 Period as an infectious disease emergency leave (IDEL). On June 4, 2021, the Ontario government amended the IDEL Regulation to define the “COVID-19 Period” as the period between March 1, 2020, and September 25, 2021. As a result of this extension, nonunion employees with reduced or eliminated work hours due to the COVID-19 pandemic were considered not to be on layoff under the ESA, but instead continue on deemed IDEL.
Now, as the COVID-19 pandemic lingers and continues to affect employers and employees, especially in light of the delta variant, on September 16, 2021, the Ontario government extended the temporary relief measures from the termination and severance provisions of the ESA until January 1, 2022. As such, the temporary measures found in the IDEL Regulation have been amended to define the “COVID-19 Period” as the period beginning on March 1, 2020 and ending on January 1, 2022.
We summarized the Ontario temporary relief measures in our prior blog post and have highlighted and updated our analysis here.
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Vaccine Passport, S’il Vous Plaît
As jurisdictions across the world grapple with the effects of the more infectious delta variant, many governments either have taken or are considering more restrictive measures to reduce infection rates and community spread of COVID-19. To encourage individuals to receive COVID-19 vaccinations, countries have developed creative initiatives, including by offering lottery tickets for cash prizes and tickets to soccer (i.e., football) matches, entering raffles to win cars, offering soused herring and providing barbeque sausage sandwiches. Despite these incentives and other forms of encouragement, vaccine hesitancy lingers. As such, some countries in which the “carrot” (i.e., reward) approach has not enticed enough individuals to receive a vaccination now have resorted to the “stick” (i.e., punishment) approach to accelerate COVID-19 vaccination rates. France is an example of a country that has taken a tougher stance on encouraging COVID-19 vaccinations.
Global Neurodiversity: A Workplace Primer on Attracting and Retaining Neurodiverse Talent
Neurodiversity is the inherent differences in neurological structure and function. The term encompasses neurocognitive differences such as autism, attention deficit hyperactivity disorder (ADHD), dyslexia, Tourette’s syndrome, anxiety, obsessive-compulsive disorder, depression, intellectual disability and schizophrenia. Although most governments do not provide neurodiverse individuals with the support necessary to enter and remain in the workforce, multinational employers are becoming aware of the benefits of having a neurodiverse workplace and are developing hiring and retention initiatives to support neurodiverse applicants and employees.
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Ontario Moving to Step 2 of its Reopening Plan on June 30
Effective June 30, 2021, all public health units in Ontario may move to Step 2 of the province’s Roadmap to Reopen. On June 30, all public health units in Ontario will be subject to the requirements established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O. Reg. 488/21, along with any other conditions that may apply in specific public health units. Due to a recent surge of COVID-19 cases in certain regions, including the Region of Waterloo, not all public health units will move into Step 2 at this time.
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Luxembourg Extends Cross-Border Tax and Social Security Agreements with Neighboring Countries
Over the past fifteen months, many countries have introduced creative new approaches to address the economic realities of the COVID-19 pandemic. As employees continue to work remotely and employers reconsider whether employees must return to the workplace at all, some jurisdictions have implemented measures to accommodate the needs and interests of both employers and employees in the ever-changing and evolving employment environment. Luxembourg is an example of a country that has sought to develop solutions with its neighboring nations to ease the economic burden of the COVID-19 pandemic on workers.