International Employment Law Tracker—March 2026

Jackson Lewis P.C.
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Jackson Lewis’ International Employment practice group regularly assists clients with global employment and mobility issues in well over 100 countries.

In support of its international employment practice, Jackson Lewis is a founding member of L&E Global, a worldwide alliance of independent law firms providing advice and counsel on employment law matters. We are pleased to present you with the March edition of our monthly employment law tracker, compiled by L&E Global.


Argentina | Allende & Brea

AustraliaBill for a New Labor Reform In February 2026, the Senate passed a bill proposing several labor law reforms. The bill will now be reviewed by the Chamber of Deputies for its final approval.

 


Australia | Harmers Workplace Law

Australia

Return-To-Office Mandates: Are Employers Still in Control? A recent decision of the Fair Work Commission has confirmed that a direction by an employer to an employee to work in the office rather than at home can be a reasonable and lawful direction. But other Fair Work Commission rulings clarify that where the employee is making a request under statutory flexible work provisions, employers must strictly follow statutory procedures and provide evidence-based reasons when refusing a flexible work request to work from home. In such cases, an employee’s request can only be lawfully refused if all legal preconditions are met.


Belgium | Van Olmen & Wynant

BelgiumSocial Criminal Law: Higher Fines and Clearer Consequences of Aggravating Factors On December 19, 2025, the Belgian legislator adopted an Act regarding some reforms to the social criminal law. This Act entered into force on February 1, 2026 and applies to offences committed from that date onwards.


Canada | Filion Wakely Thorup Angeletti

Canada

WSIAT Confirms Stress Arising from Employee’s Own Criminal Conduct is Not Compensable

Age-65 Disability Benefit Limit Upheld: Ontario Human Rights Tribunal Maintains Status Quo


China | Zhong Lun

China

Ministry of Human Resources and Social Security Released the Minimum Wage Standards Across all Provinces, Autonomous Regions and Municipalities (as of January 1, 2026)

Beijing HR Bureau Warns: Employers Cannot Use “Trap Clauses” in Termination Agreements


Colombia | López & Asociados

ColombiaSupreme Court Expands the Scope of Pre-Retirement Employment Stability (Decision SL2600-2025) The origin of pre-retirement employment stability (fuero de prepensionado) can be traced back to Article 12 of Law 790 of 2002, which established a specific protection for public servants who were three (3) years or less away from meeting the age and service time requirements to qualify for an old-age pension. The purpose of this protection was to prevent their pension rights from being frustrated as a result of institutional restructuring processes.


Czech Republic | Havel & Partners

Czech RepublicTwo Distinct Instances of Temporarily Assigning Employees Under the Czech Labor Code The concepts of general temporary assignment governed by Section 43a of the Czech Labor Code and agency employment share similar aspects. Nevertheless, the Czech Labor Code distinguishes them significantly and regulates their relationship to prevent their misuse in practice.


European Union | Van Olmen & Wynant

FranceCJEU Rules on Third-Country Work and the 25% Rule for Cross-Border Employment When workers split their time between EU Member States, Switzerland, and countries outside the EU, determining which social security system applies can become surprisingly complex. In its judgement of 11 December 2025 in Case C-743/23, A v. GKV-Spitzenverband, the CJEU addressed a question that had divided national authorities for years: should work performed in non-EU third countries be factored into the 25% “substantial activity” test under the EU social security coordination rules? According those rules, if a worker works 25% or more in his country of residence, the social security of that country applies.


France | Flichy Grangé Avocats

France

One in Five French Data Privacy Sanctions in 2025 Tied to Workplace CCTV

French Labor Inspectorate to Crack Down on Unjustified Use of Independent Contractors

French Supreme Court Clarifies Employers’ Right to Dismiss Workers Who Speak Out at Work

Adding New Commercial Accounts to Variable Pay Basis May Alter Employment Contracts


Germany | Pusch Wahlig Workplace Law

GermanyScheduled Journeys Between a Work Site and a Meeting Point Specified by the Employer are Considered Working Time in Terms of the EU Working Time Directive

Salary Increases Offered in Return for Signing New Employment Contract do not Justify Unequal Treatment of Non-signing Employees in Further Salary Increase Rounds


Indonesia | Nusantara Legal Partnership

GermanyMandatory Job Vacancy Reporting for Employers On February 10, 2026, the Minister of Manpower (“MoM”) issued a MoM Circular Letter No. M/1/HK.04/II/2026 on Employers’ Obligation to Report Job Vacancies (“MoM CL 1/2026”). This circular letter reinforces the implementation of Presidential Regulation No. 57 of 2023 on Mandatory Job Vacancy Reporting (“PR 57/2023”). The MoM CL 1/2026 emphasizes the obligation for employers to report any job vacancies and filled positions (Articles 4, 6, and 8 of PR 57/2023). Reports shall be submitted to the MoM via SIAPkerja system. Employers that fully comply may receive an award, while non-compliant employers may be subject to administrative sanctions in the form of written warnings (Articles 14 and 15 of PR 57/2023).


IrelandIreland | Byrne Wallace Shields

Updated Code of Practice on Access to Part-Time Working The updated 2026 Code of Practice on Access to Part Time Working (the “Code”) modernizes the previous 2006 framework, providing clearer guidance to employers and employees on facilitating part time arrangements in line with the Protection of Employees (Part Time Work) Act 2001. It emphasizes equal treatment, transparent decision making processes, and the need to consider part time work at all organizational levels while balancing legitimate operational needs. The government also encourages employers to review policies and publish gender balanced data to promote fair access to flexible work.


Italy | Zambelli & Partners

ItalyThe Limit of Expression of Opinions in the Exercise of Trade Union Activities The expression, during the exercise of trade union activities, of opinions extended even to political sphere is legitimate, on condition that the limits of formal and substantive restraint and the principle of relevance are respected.


The Netherlands | Palthe Oberman

NetherlandsWhat the New Coalition Agreement “Get to work, building a better Netherlands” Means for the Labor Market The new coalition agreement between the political parties D66, VVD and CDA sets out a clear direction for the Dutch labor market. The proposed policy measures will affect employers, employees and self-employed workers. Over the coming four years, significant changes are expected in the regulatory framework governing social security, leave entitlements, sickness and incapacity for work, flexible forms of employment, labor migration and tackling of false self-employment.


Philippines | Villaraza & Angangco

NorwayHiring by Algorithm: What Philippine Employers Need to Know About AI in Recruitment Philippine employers are increasingly using AI-powered tools to support recruitment — from résumé parsing and candidate ranking to automated interview scheduling and skills assessments. The efficiency gains are real, and the adoption is likely to continue. What has not kept pace is regulatory clarity.


Poland | Sobczyk & Partners

Poland

New Draft Amendments to the State Labor Inspectorate Act

Draft New Provisions on Workplace Harassment (Mobbing)

Digitalization of Sick Care Benefit Applications

Increases in Business Travel Allowances


Spain | Suárez de Vivero

Sweden

Work Permits for Animal Care Gain Ground Through Case Law

The Impact of AI as a Justifiable Cause For Dismissal

 


Sweden | Cederquist

SwedenSwedish Labor Court Confirms Bankruptcy Estates Must Observe Trade Unions’ Right to Consult In a recent case from the Swedish Labor Court, a bankruptcy estate, acting through the trustee, was confirmed to be bound by the general duty to consult under Section 10 of the Co Determination in the Workplace Act (MBL). Labor law, including MBL and collective and individual employment agreements, continues to apply after an employer has been declared bankrupt.


United Kingdom | Clyde & Co

United Kingdom

COT3: Future Claims

Disability Discrimination: Substantial and Long-Term Adverse Effect

Unfair Dismissal: Reforms

Employment Rights Act 2026: Timetable for Implementation

Flexible Working: Consultation Published


United States | Jackson Lewis P.C.

United States

EEOC’s Recent FAQs for Federal Sector Agencies Regarding Remote Work for Disabled Employees: How Do These FAQs Impact Private Employers?

Navigating 2026: Pay Transparency Laws and Employer Obligations

EEOC Rescinds Enforcement Guidance on Harassment in the Workplace

2026 Employee Data Reporting Requirements: Are Employers Ready?

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Jackson Lewis P.C.

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