Legislation updates – January 2022

Contents

UK

The UK will have an additional bank holiday in 2022 to celebrate the Queen’s platinum jubilee. The late May bank holiday weekend will be moved to Thursday 2nd June, and the additional bank holiday will take place on Friday 3rd June, giving many people the opportunity to take a four-day weekend.

Canada (Ontario)

On November 30, 2021, the Ontario legislature passed Bill 27, Working for Workers Act, 2021.

1. Non-compete clauses

From 2nd December 2021 noncompete clauses are no longer enforceable and cannot be included in offer letters and contracts.

The amendment defines “non-compete agreement” as an “agreement, or any part of an agreement, between an employer and an employee that prohibits the employee from engaging in any business, work, occupation, profession, project or other activity that is in competition with the employer’s business after the employment relationship between the employee and the employer ends.” [ Bill 27, Working for Workers Act, 2021, 2nd Sess, 42nd Leg, Ontario, 2021, at Part XV.1 s 67.1]

2. Right to disconnect from work

Employers with 25 or more employees are required to develop a written policy with respect to disconnecting from work. “Disconnecting from work” means “not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work [Bill 27, Working for Workers Act, 2021, 2nd Sess, 42nd Leg, Ontario, 2021, at Part VII.0.1, s 21.1.1].  The employer must provide every employee with a copy of the written policy within 30 days after it is prepared. 

Companies have been given a 6-month period in which to complete this policy, i.e. this policy must be prepared by 2nd June 2022 and distributed no later than 30 days thereafter.

Poland 

From 1st January 2022, the minimum wage in Poland increased by 7.5%:

  • minimum wage increased by 210 Polish Zloty, from 2,800 PLN to 3,010 PLN.
  • The equivalent hourly minimum wage increased by 1.40 PLN, from 18.30 PLN to 19.70 PLN.

UAE

On 2nd February 2022, a new UAE labour law will come into effect applying to all employees in the private sector (excluding those based in the Dubai International Finance Centre and the Abu Dhabi Global Market). This will result in significant changes to local employment practices including, but not limited to:

  • Employees must be employed on fixed-term contracts, not exceeding three years.
  • Employees currently on unlimited-term employment contracts must have them converted by 2nd February 2023.
  • Employers will have the ability to pay employees in any currency.
  • The length of non-compete clauses in contracts will be curbed.
  • There are new provisions on discrimination and bullying and harassment alongside changes to maternity leave and compassionate leave.

Is your business compliant?

If your business operates in any of the territories listed above, it’s essential that your HR and payroll operations are compliant with these legislative changes. For help with ensuring that your business is operating compliantly, please contact us.

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