Issue: February 2021

MEXICO - Reform to the Pension System in Mexico

By: Francisco Udave Treviño, Santamarina + Steta, Mexico City

On December 9, 2020, the Senate of the Republic approved the reform that was previously been approved by the House of Representatives, in terms of which several provisions of the Social Security Law and the Retirement Savings System Law were amended, added and repealed.

MEXICO - Mexico Approves Reform on Telework (Home Office)

By: Francisco Udave Treviño, Santamarina + Steta, Mexico City

On December 9th, 2020, the Senate of the Republic approved the reform to amend Article 311 and include a new Chapter to the Federal Labor Law, regarding Teleworking, in the understanding that such reform was previously approved by the House of Representatives and which main topics are listed below.

International Law

SOUTH AFRICA - Employee’s Resignation for Misconduct Does Not Foreclose Disciplinary Proceedings

By: Hilary Mofsowitz, Mediator/Arbitrator from South Africa

Judgment from the Labour Appeal Court heard in Johannesburg, South Africa, In re: Standard Bank of South Africa & Nombulelo Cynthia Chiloane, Case no: JA 85/18 (Dec. 10, 2020).

SOUTH AFRICA - Occupational Safety Statute Must Cover Domestic Employees in Private Households

By: Hilary Mofsowitz, Mediator/Arbitrator from South Africa

Judgment from the Constitutional Court of South Africa, Mahlangu and Another v Minister of Labour and Others, ZACC 2419 (Nov. 2020)

SOUTH AFRICA - Can South African Employers Require their Employees to Undergo Mandatory Vaccination and Testing for COVID-19?

By: Jason Whyte, Norton Rose Fulbright, Cape Town

South Africa is now deeply within its second wave of COVID-19 infections which appears to be significantly more widespread than that which prevailed during early to mid-2020. Since then, and in response to the pandemic, global efforts have successfully developed both expedited means of testing for the virus and, more recently, vaccines.

SOUTH KOREA & EUROPEAN UNION - Panel of Experts Issues Report on Labor Issues Raised under EU-Korea Free Trade Agreement

By Tequila J. Brooks, Washington, DC

On January 20, 2021, a Panel of Experts issued its Report on labor matters arising under Article 13.4.3 of the EU-Korea Free Trade Agreement, which was formally ratified in December 2015. In Article 13.4.3 of the Agreement, the parties committed to respect, promote, and realize – in both law and practice – the four fundamental labor rights underlying the 1998 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, including freedom of association and the effective recognition of the right to collective bargaining.