Global Legislative Update - Law and Policy Group February 2020 - Mercer
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Law and Policy Group Global Legislative Update February 2020 By Stephanie Rosseau and Fiona Webster welcome to brighter
Global Legislative Update, February 2020 In this document Mercer’s Global Legislative Update covers legal developments affecting retirement, health, executive rewards, talent, diversity and inclusion, and other HR programs that impact local and/or expatriate employees. Links to developments with upcoming effective dates covered in past updates are also included to remind employers of impending deadlines. These icons indicate whether employer action is required. Employer action required Potential implications for employers Developments to monitor Please note: Mercer is not a law firm and therefore cannot provide legal advice. The commentary and recommendations in this report should be analyzed with legal counsel before any actions are taken. Highlights .................................................................................................................................................................................................................................................... 2 Global ........................................................................................................................................................................................................................................................... 4 Americas ...................................................................................................................................................................................................................................................... 5 Asia Pacific ................................................................................................................................................................................................................................................... 11 Europe, Middle East and Africa (EMEA) ................................................................................................................................................................................................. 15 1 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 1 Highlights Global United Nations Advances treaty on companies’ human rights duties Americas Canada Delays proposed tax changes for employee stock options Mexico Establishes labor conciliation center and registry Peru Requires life insurance, stronger workplace safety rules US Federal Labor Department narrows joint employer standard New Jersey: Employers can’t discriminate based on hair New York: Requires study of women on boards Asia Pacific Hong Kong Introduces new initiatives to support the elderly and low income unemployed Malaysia Increases in minimum wages take effect Taiwan Clarifies taxation of employer-paid travel expenses for expat workers 2 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 EMEA European Union Publishes employment and social priorities Belgium Constitutional court annuls “cash for car” system Finland Ends active model that reduced unemployment benefits and revises health insurance contributions France Progress made on healthcare reforms and certain bonus payments are exempt from tax, social security Germany Issues tax guidance on electric bicycles considered a fringe benefit Hungary Revises minimum wage rates Ireland Issues guidance on its EU (Supplementary Pensions Rights) regulations for 2019 and increases minimum wage Lithuania Increases social contribution rates Luxembourg Increases minimum wage rates Romania Revises social security health contributions for part-time workers Russia Requires electronic filing of employment information Spain Increases minimum wage United Arab Emirates Dubai International Financial Centre introduces workplace savings scheme United Kingdom Launches consultation on pension insolvency risk model and advances paid parental bereavement leave entitlement 3 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 2 Global United Nations (new) Status Consultation is open until 29 Feb 2020 Development Career Treaty on companies’ human rights duties advances Companies could face criminal, civil or administrative liability for human rights violations under the terms of a proposed United Nations (UN) multilateral treaty on human rights that is open for comments until 29 Feb 2020. Companies would have to conduct due diligence for human rights concerns in the operation of their own business and any organization with which they have “contractual relationships.” Companies would need to assess and monitor potential human rights impacts, prevent human rights violations, and report publicly on the steps taken to prevent abuses. The proposal is under discussion in the UN’s open- ended intergovernmental working group on human rights, which met in October and could finalize the treaty at the group’s next annual meeting in 2020. Participating countries have yet to agree on the content of the proposed treaty, but companies should carefully monitor its progress. Resources GRIST, 14 Nov 2019 4 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 3 Americas Bermuda (upcoming effective date) Development Wealth • Pension scheme is revised — Key date: 2 Mar 2020 Brazil (upcoming effective date) Development Wealth • CNPJ imposes registration duty on pension entities — Key date: 31 Dec 2021 Canada (new) Status Proposal Development Career Proposed tax changes for employee stock options delayed The effective date of the proposed tax changes for Canadian employee stock options has been delayed, announced the Department of Finance in December. The changes were expected to apply to stock options granted on or after 1 Jan 2020, but the government is still reviewing the input received from the consultation that closed in September. A new effective date and details on how the government intends to move forward with the measure will be announced in Budget 2020. Resources Government release, 19 Dec 2019 and GRIST, 30 Jul 2019 5 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Mexico (new) Status Currently effective Development Career Labor conciliation center and registry established A new Federal Conciliation and Registration Center, established in Mexico City, will provide mandatory conciliation in certain collective and individual disputes and will be responsible for registering unions and collective bargaining agreements. The role and functions of the center feature in a law that took effect on 7 Jan 2020 and follows labor law reforms introduced in 2019. The center will be operational in a year, but some functions — such as the revision of collective bargaining agreements — will start only when the center’s registry is in place. Key functions of the center include: • Individual and collective conciliations on matters covered by federal law, and issuance of nonconciliation and representation certificates • Establishment of a conciliatory and administrative management model • Assistance to unions and employees with the election of union management boards • Verification of employee support for collective agreements and ensuring they were properly informed about the content • Registration of collective agreements and verification of their compliance with federal labor law — agreements that don’t comply could be terminated • Consideration of proposals and opinions published by the Agreement and Productivity National Committee • Issuing fines for noncompliance with federal labor law Resources martha.cano@mercer.com GRIST, 21 Jan 2020 6 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Peru (new) Status 1 Jan 2020 Development Career — Health Life insurance and stronger workplace safety rules required Employers in Peru must enroll all employees in a life insurance policy from the start of their employment, under changes to the life insurance law and general law on labor inspection included in an emergency decree. Under the old law, employers had to provide employees with life insurance coverage after four years of service. A supreme decree could allow employers to phase-in coverage for certain employees. The labor inspection provisions — effective in January 2020 — strengthen the applicable sanctions for breaches of workplace safety and health standards, including the possibility of criminal penalties and closure of the workplace. Resources carmen.acosta@marsh.com GRIST, 27 Jan 2020 US (new) Status Currently effective Development Career Joint employer standard narrowed A new Department of Labor final rule that aims to clarify the standard for joint-employer status under the federal Fair Labor Standards Act will likely reduce the number of situations under which the status will apply. Effective 16 Mar 2020, the rule sets out a new four-factor balancing test that focuses on the employer’s actual — not theoretical — control over an employee’s terms and conditions of work. The rule is largely the same as the proposed rule issued in April 2019 and comes two and a half years after the agency rescinded informal guidance on joint employment issued during the Obama administration. This is the first meaningful revision of the joint employer rule since 1958. Resources GRIST, 15 Jan 2020 7 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 US — New Jersey (new) Status Currently effective Development Career Employers can’t discriminate based on hair New Jersey recently became the third state to prohibit discrimination in the workplace on the basis of hair, under legislation signed on 19 Dec 2019. This law will “ensure people of color are free to wear their hair however they feel best represents them,” said NJ Senator Sandra B. Cunningham, a primary sponsor of the legislation. “No one should ever be told it is ‘unprofessional’ to embrace their culture.” The "Create a Respectful and Open Workplace for Natural Hair Act" (CROWN Act), amends the New Jersey Law Against Discrimination, which bars employers from discriminating against individuals on the basis of protected categories, such as race. The CROWN Act clarifies that prohibited race discrimination includes discrimination on the basis of “traits historically associated with race, including, but not limited to, hair texture, hair type, and protective hairstyles.” Protective hair styles include, but are not limited to, braids, locks and twists. The CROWN Act codifies Division on Civil Rights agency enforcement guidance from September 2019. Resources GRIST, 16 Jan 2020 8 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 US — New York (new) Status 28 June 2020 Development Career Study of women on corporate boards mandated New York State will study the number of women serving on boards of directors of domestic and foreign corporations authorized to do business in the state under legislation signed by the governor on 30 Dec 2019. The study aims to shed light on the issue of underrepresentation of women at the highest level of organizations and “guide the development of new policies to ensure more women have a seat at the proverbial table,” the governor said. Corporations doing business in New York must file a statement providing the number of directors on their board and noting how many are women. Conducted by the New York State Department of State and Department of Taxation and Finance, the study must include: • The number of women directors and total number of directors on every corporate board • An analysis of the change in the number of women directors from previous years • The aggregate percentage of women directors on all boards The legislation takes effect on 28 June 2020. The study must be published by 1 Feb 2022, and a new report published every four years. Resources GRIST, 23 Jan 2020 9 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 US (upcoming effective date) Development Career • Cincinnati adopts salary history ban — Key date: 1 Mar 2020 • Oregon law protects against workplace harassment, discrimination — Key date: 1 Oct 2020 • California employers must provide sexual harassment training by 2021 — Key date: 1 Jan 2021 • Colorado’s new pay equity law takes effect in 2021 — Key date: 1 Jan 2021 Career — Health • Connecticut enacts paid family and medical leave — Key date: 1 Jan 2021 Health • New Jersey to mandate employers offer pretax transit benefits — Key date: 1 Mar 2020 Wealth • FASB deliberations on retirement plan disclosures completed — Key date: 15 Dec 2020 10 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Asia Pacific Australia (upcoming effective dates) Development Health • Private healthcare premium increased — Key Date: 1 Apr 2020 Wealth • Tax relief for superannuation fund mergers extended — Key date: 1 Jul 2020 • Guidance on superannuation investment fees and cost disclosures updated — Key date: 30 Sep 2020 • Australia increases consumer protection for financial products — Key date: April 2021 Career — Wealth • Australian guidance explains modern slavery disclosures — Key date: 31 Dec 2020 11 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Hong Kong (new) Status Proposal Development Career — Wealth New initiatives support elderly, low-income, unemployed Employment-related developments featured in the “New initiatives on improving people’s livelihood,” were released by the government on 14 January. Highlights include: • Improvement of the retirement system. Proposed combining of the normal OALA (old age living allowance) and higher OALA with a standard monthly payment rate of HK$3,585, and significant increase of the asset limit to HK$500,000. • The government will pay the 5% Mandatory Provident Fund (MPF) contributions for low-income employees exempt from making MPF contributions. The proposal will be effective upon implementation of the MPF Centralized Platform by the Mandatory Provident Fund Schemes Authority in 2024. • The Labour Advisory Board would propose a progressive increase of statutory holiday entitlement to 17 days for all workers. Currently, all employees are statutorily entitled to 12 days, and certain employees are entitled to an additional five days of general holiday. The estimated staff cost of this increase is 1.7%. • The Labour and Welfare Bureau will consider further improving government service contract tendering to enhance remuneration packages and protections for non-skilled employees, and increase the weighting applied to wage levels in tender assessments to avoid "lowest bid wins." • Due to the deterioration of economic and employment conditions, from 1 April to 31 March 2021, eligible unemployed and underemployed individuals could apply for an additional cash allowance for up to three months The Financial Secretary is also consulting with the public on the 2020-21 Budget, and will propose measures to "support enterprises, safeguard jobs, stimulate the economy and improve people’s livelihoods.” Resources margie.wong@mercer.com GRIST, 22 Jan 2020 12 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 India (upcoming effective date) Development Career • Parliament passes wage protections — Implementation dates will likely vary. Malaysia (previously covered, newly effective) Status 1 Feb 2020 Development Career Minimum wage increased Malaysia’s monthly minimum wage increased to RM1,200 in 57 major cities/municipal councils on 1 Feb 2020 — delayed from 1 Jan 2020. The monthly minimum wage remains RM1,100 in cities that aren’t listed in the government’s press release. Resources Government release (Malay), 10 Jan 2020 New Zealand (upcoming effective date) Development Career New Zealand expands temporary agency employee rights — Key date: 27 Jun 2020 Singapore (upcoming effective date) Development Career — Health Singapore expands work injury insurance protections — Key date: 1 Sep 2020 South Korea (upcoming effective dates) Development Wealth • South Korea slates retirement act reforms to take effect — Key date: 30 Apr 2020 13 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Taiwan (new) Status Currently effective Development Career Taxation of employer-paid travel expenses of expat workers clarified The Ministry of Finance has clarified the conditions for claiming tax exemptions on travel expenses paid for by employers for foreign national employees (and their dependents) working in Taiwan. To be eligible, foreign nationals must reside in Taiwan for at least 183 days out of the year; earn more than NT$ 1.2 million; and accurately file the income tax declaration. Resources Government release (Chinese), 20 Jan 2020 Vietnam (upcoming effective dates) Development Career • Labor code changes enacted — Key date: 1 Jan 2021 14 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 4 Europe, Middle East and Africa (EMEA) European Union (new) Status Proposal Development Career Employment, social priorities published The European Commission published its 2020–2021 employment and social policy priorities, with the aim of reinforcing the European Union (EU) Pillar of Social Rights agreed to in 2017. Proposals include a framework for paying fair minimum wages, binding measures to ensure gender pay transparency, improved implementation of labor and environmental clauses in EU trade agreements, and early 2021 publication of an action plan to promote the EU Pillar of Social Rights. On 14 January, the commission launched an initial consultation on fair minimum wages with EU social partners to assess the need for further EU initiatives. Resources GRIST, 16 Jan 2020 15 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 European Union (upcoming effective dates) Development Career • New employment rights for posted workers approved — Key date: 20 Jul 2020 • EU's final CRD V revises remuneration principles — Key date: 28 Dec 2020 • EU finalizes law on whistleblower protections — Key date: end of 2021 • Revised EU rules will impact participating companies, employees — Key date: 1 Jan 2022 • EU law strengthens rights of “nonstandard workers” — Key date: summer 2022 Career — Health • Work-life balance measures , including leave finalized — Key date: summer 2022 Wealth • ESG agenda, capital markets union progress — Key date: 10 Mar 2022 16 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Belgium (new) Status Law is annulled as of 31 Dec 2020 Development Career — Health Constitutional court annuls “cash for car” system A 2018 law that established a mobility allowance — the “cash for car system” — has been annulled by Belgian’s constitutional court, effective 31 Dec 2020, to allow for the introduction of new measures, as required. The system allowed employees to exchange company cars for remuneration and receive favorable tax treatments, with the aim of reducing car usage. However, the system was controversial for a variety of reasons — including its discriminatory application — and that it didn’t necessarily reduce the number vehicles in use. Unions and environmental agencies challenged the measures as unconstitutional. The court found that the system resulted in unequal tax treatment of wages and was discriminatory because the cash benefit for car replacement was taxed more favorably than other cash payments, restricting its eligibility to employees with access to a company car. Also, the court held that the measures didn’t guarantee a reduction in car usage because employees could replace their company car with another vehicle. The impact of the court’s judgment likely will be limited. Recent studies have shown that only 0.011 percent of eligible employees took advantage of the system. The Mobility Budget, effective 1 March 2019, remains in force and allows eligible employees to exchange their company car for an allowance to be spent on three alternative mobility solutions. Resources dieter.valgaerts@mercer.com GRIST, 30 Jan 2020 17 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Finland (new) Status Currently effective Development Career Active model that reduced unemployment benefits ends Finland’s active unemployment protection model was dismantled as of 1 Jan 2020, so unemployment benefits paid since then are no longer reduced by the model. The model launched on 1 Jan 2018, to tighten the conditions for benefit eligibility and boost the employment rate. Under the model, an unemployed person had to meet an activity condition to avoid benefit curtailment. An unemployment benefit previously reduced under the model will be restored to its normal level. Unemployment benefits that were due in January but accrued in 2019 are still affected by the model cuts. Unemployed individuals still can study or participate in job searches and access employment support offered by different agencies. Other eligibility criteria for receiving unemployment benefits remain unchanged. Resources sirkka.linden@mercer.com GRIST, 28 Jan 2020 Finland (new) Status Currently effective Development Health Health insurance contributions revised The Finnish Tax Administration published updated guidance on health insurance contributions, including rate changes for 2020. Effective 1 Jan 2020, the guide features: a 0.68% contribution rate levied on employees’ taxable income for the 2020 tax year; employees earning €14,574 euros or more per year pay an additional 1.18% sickness insurance contribution rate; employers pay a 1.34% sickness insurance contribution rate; a 1.65% contribution applies to income from pensions and benefits; and individuals younger than 16 years old or older than 68 are exempt from health insurance contributions. Resources Government release (Finnish), 7 Jan 2020 18 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 France (new) Status Currently effective Development Health Healthcare reforms progress The next phase of the French government’s “100% healthcare reform” initiative took effect on 1 Jan 2020, providing full reimbursement for the provision of reading glasses and specified dental treatments, and a reduced copayment for hearing aid supplies. Reimbursements paid by supplementary insurance plans are capped to encourage health professionals to limit applicable costs. Healthcare plans should be adjusted to comply with the reform and to continue as “responsible contracts.” From 2021, the costs for certain treatments for optical, dental and hearing aids will be fully reimbursed. Resources amandine.marsella@mercer.com GRIST, 21 Jan 2020 France (new) Status Currently effective Development Career Certain bonus payments exempt from tax, social security Measures that allow employers to continue paying bonuses of up to €1,000 to eligible employees, exempt from tax and social security, feature in an amended social security law that generally took effect on 27 Dec 2019. Eligible employees must earn less than three times the national minimum wage over a 12-month period and the bonus must be paid by 30 Jun 2020. Employers who pay this type of bonus must do so for all employees eligible at the time the payment is made, and they must also set up a profit-sharing scheme for employees. Resources amandine.marsella@mercer.com GRIST, 21 Jan 2020 19 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Germany (new) Status Currently effective Development Career — Health Tax guidance on electric bicycles as fringe benefits issued German employers that provide electric bicycles to employees between 1 Jan 2019 and 1 Jan 2031 can treat them as fringe benefits for tax purposes as long as certain conditions are met. The measures feature in a decree issued by the Ministry of Finance on 9 Jan 2020. Resources Government release (German), 9 Jan 2020 Hungary (new) Status Currently effective Development Career Minimum wage rates published Hungary has published revised minimum wage rates, effective 1 Jan 2020. The gross monthly minimum wage for full-time workers is HUF 161,000, HUF 37,020 per week, HUF 7,410 per day and HUF 926 per hour. The guaranteed monthly minimum wage for skilled workers is HUF 210,600, HUF 48,400 per week, HUF 9,690 per day and HUF 1,211 per hour. The 2020 rates amount to an 8% increase on the applicable wage rates in 2019. Resources Government release (Hungarian) 20 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Ireland (new) Status Currently effective Development Career — Wealth EU (Supplementary Pensions Rights) regulations 2019 clarified The Irish Pensions Authority issued guidance in November 2019 on Irish regulations (European Union (EU) (Supplementary Pensions Rights) Regulations 2019) that came into force 13 Sep 2019 and which provide certain rights to members or prospective members of a pension scheme if they change employers in the EU. The regulations transpose into Irish law the EU pension portability directive 2014/50/EU that aims to ease employee mobility in the EU. The rights override any conflicting provisions that may be included in a pension scheme’s rules. The regulations apply only to schemes that accept new members on or after the date the directive came into force (20 May 2014). They created the concept of an outgoing worker who moves between EU employments and effectively introduced a new ring- fenced membership status. The new regulations represent a material change in how defined contribution occupational pension schemes have operated in Ireland and are likely to present some challenges with respect to identifying outgoing workers and ensuring their rights are protected in the scheme. While the Pensions Authority’s guidance note provides some suggestions for employers and trustees with regard to fulfilling their legal obligations, the guidance is limited and doesn’t address all the practical issues that could arise. Perhaps most importantly, the legal obligation for determining if an employee or former employee has any entitlements under the regulations falls to the employer and trustees. Individual employees or former employees can’t initiate this process, although they are required to engage with the process. Administrative processes must be adapted — by employers and the scheme — to ensure that current and prospective employees are asked the appropriate questions when they join or leave service. Resources james.campbell@mercer.com GRIST, 31 Jan 2020 21 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Ireland (new) Status Currently effective Development Career Minimum wage increased Ireland’s national minimum hourly wage increased generally to €10.10 up from €9.80, effective 1 Feb 2020. Different rates apply to workers aged 18 or younger, and to those aged 19 years. For employees receiving meal and accommodation allowances from their employer, the hourly wage includes a €0.90 meal allowance per hour worked, and a €23.86 weekly allowance for accommodation (or €3.42 per day). Resources Government release, 16 Jan 2020 Ireland (upcoming effective date) Development Wealth • Ireland updates auto-enrolment pension system implementation — Key date: expected in 2022 Lithuania (new) Status Currently effective Development Career Social contribution rates increased The Lithuanian State Tax Inspectorate published revised social contribution rates, effective 1 Jan 2020. They include revised rates for compulsory health insurance and state social insurance contribution rates. Resources Government release (Lithuanian) 22 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Lithuania (upcoming effective date) Development Career — Health • Tax treatment of employee stock options changed — Key date: 1 Feb 2020 Luxembourg (new) Status Currently effective Development Career Minimum wage rates increased Luxembourg’s monthly minimum wage rates increased, effective 1 Jan 2020 to: €2,142 (up from €2,089) for employees aged 18 years and over; to €1,714 euros (up from €1,671) for workers aged 17-18 years; to €1,607 (up from €1,567) for workers aged 15-17 years; and to €2,570 (up from €2,507) for skilled workers. Resources Government release (French), 10 Jan 2020 Mauritius (upcoming effective date) Development Career — Health • Retirement gratuity fund start date delayed — Key date: 1 Apr 2020 23 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Netherlands (previously covered, newly effective) Status Effective 1 Jan 2020 Development Health Collective discount cut for basic health insurance The maximum collective discount that insurers can apply to basic health insurance plans is 5% for 2020, down from 10% in 2019. The measure aims to increase policy transparency for consumers, and the minister warned that further measures could be introduced. Resources Government release (Dutch), 28 Jun 2019 Netherlands (upcoming effective dates) Development Career — Health • Dutch government increases paid paternity and adoption leave — Key date: 1 Jul 2020 Oman (upcoming effective date) Development Health • Oman issues implementation rules for new health insurance scheme — Key date: mid-2020 Poland (upcoming effective date) Development Wealth • Poland to transfer state mandatory pension funds to individual accounts — Key date: 1 Jul 2020 24 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Romania (new) Status Currently effective Development Health Social security health contributions for part-time workers revised The tax base for calculating social security and health insurance contributions for part-time workers has changed. Effective 1 Jan 2020, contributions must be calculated using the employee’s actual salary income, not the minimum gross wage. Resources Government release (Romanian), 30 Dec 2019 Romania (new) Status Currently effective Development Career Minimum wage rates published Romania’s minimum gross wage increased to RON 2,230. The minimum gross wage payable to employees who have higher education qualifications and who have one or more year’s employment experience remains unchanged at RON 2,350. The minimum wage payable to construction sector employees also is unchanged at RON 3,000. Resources Government release (Romanian), 16 Dec 2019 25 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Russia (new) Status Effective dates vary Development Career — Wealth Electronic filing of employment information required Employees’ employment records will have to be filed electronically, and employers will be subject to new pension reporting obligations, under changes to be phased in from 1 Jan 2021. Highlights include: • From 1 Jan 2020, employers must electronically file employees’ employment information with the mandatory pension fund no later than the 15th day of the month following the reporting month. • From 1 Jan 2021, employers must notify the mandatory pension fund about employee hiring and terminations by the next business day. • From 15 Feb 2021, employers will have to provide information on employees who don’t submit an application for coverage under the mandatory pension fund. • Employers have to inform employees about the introduction of electronic filing by 30 Jun 2020, asking them to designate whether they want their employment information to be filed in paper format, or electronically, by 31 Dec 2020. Information will be filed in paper format if an employee doesn’t inform their employer by the deadline. Employers can electronically file information for all employees hired after 1 Jan 2021. • Employers must return the paper file to employees who choose to have their information filed electronically. Employees opting for the paper format will be allowed to change their minds. • Employers must provide employment information to terminating employees in electronic or paper format. Employees can request their electronic information at any time. Resources andrey.kulapov@mercermarshbenefits.com GRIST, 23 Jan 2020 26 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 Spain (new) Status Currently effective Development Career Minimum wage increased Effective 1 Jan 2020, Spain’s monthly minimum wage increased to €950 per month — up by 5.56% on the 2019 wage. The government said that this hike increase is the first step to increasing the minimum wage to 60% of the average salary by the end of the current legislature. Resources Government release, 30 Jan 2020 Switzerland (upcoming effective date) Development Career • Switzerland issues gender pay audit criteria and deadlines — Key date: 1 Jul 2020 27 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 United Arab Emirates (UAE) (new) Status Currently effective Development Wealth Dubai International Financial Centre introduces of workplace savings scheme From 1 Feb 2020, employers based at the Dubai International Financial Centre (DIFC) must make mandatory contributions to a funded and professionally-managed defined contribution (DC) savings plan on behalf of employees. Under the newly enacted DIFC Employment Law Amendment Law No. 4 of 2020, this replaces the end-of-service gratuity payment regime in place since the inception of the DIFC in 2004. As part of these changes, DIFC-based employers have until 31 March 2020 to enroll in a “Qualifying Scheme,” which includes the default new scheme — the DIFC Employee Workplace Savings Plan (DEWS). A consultation on the proposed changes occurred in late 2019, and details of the final DEWS scheme were released on 21 Jan 2020. “The launch of DEWS is part of our efforts to put in place a supportive environment for talent by creating greater financial security for employees of DIFC-based companies,” said the DIFC President. According to the DIFC, employers must make the necessary changes to their existing human resource information systems in order to: • Make the mandatory contributions for eligible employees • Deduct employee voluntary contributions from the employee’s pay • Upload the monthly contribution files • Transfer the relevant amount to the bank account of the DEWS master trustee for investments Employers and employees will be able to log into the DEWS system to track contributions, investments, portfolio valuations and request withdrawals. Resources claudia.maldonado@mercer.com GRIST, 28 Jan 2020 28 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 United Kingdom (new) Status Consultation is open until 11 Feb 2020 Development Wealth Consultation on pension insolvency risk model launched The UK’s Pension Protection Fund (PPF), which underwrites insolvency risk for defined benefit (DB) schemes, launched a consultation in December 2019 on changes to the way the risk profile for DB schemes is calculated. An individual scheme’s score determines the annual levy it must pay to the PPF. The PPF is moving its insolvency risk provider to Dun & Bradstreet (D&B) for levy invoices issued in the 2021/22 levy year, with the first scores calculated using the new basis set from April 2020. Although the PPF-specific insolvency risk model currently in place will largely be adopted by D&B, a number of changes are proposed to ensure insolvency risk scores are adjusted to match actual insolvency experience. The PPF’s impact assessment indicates one in five of schemes will see levy increases, in particular schemes with employers on scorecard 1 (the largest employers). For some schemes, the increase could be over 50%. Resources vicky.yu@mercer.com GRIST, 30 Jan 2020 United Kingdom (new) Status Review Development Career Review of off-payroll working The UK government has launched a review into implementation of revised off-payroll working rules that will take effect in April 2020. The rules aim to ensure that someone working like an employee — but through a company — pays similar taxes to other employees. The review is open until mid-February and asks if further steps could enhance implementation of the reforms. Medium and large organizations in the private and third sectors will be responsible for determining their contractors’ tax status. Resources Government release, 7 Jan 2020 and Government release, 11 Jul 2019 29 Copyright 2020 Mercer LLC. All rights reserved.
Global Legislative Update, February 2020 UK (new) Status Expected 6 Apr 2020 Development Career — Health Paid parental bereavement leave entitlement advances Parents who suffer the loss of a child will be entitled to two weeks of paid leave in April — the UK’s Department for Business, Energy & Industrial Strategy announced on 23 Jan 2020. Regulations for the Parental Bereavement (Leave and Pay) Act 2018 were introduced in Parliament and subject to approval, will be effective on 6 Apr 2020. Highlights include: • Employees will have the right to a minimum of two weeks leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy, irrespective of how long they have worked for their employer. • Parents employed continuously in a job for six months or longer and earning above the lower earnings limit (LEL) will be able to claim statutory pay for this period, in line with the approach for other parental entitlements, such as paternity leave and pay. Employers would administer the pay in the same way as existing family-related statutory payments. The LEL currently is £118 per week, but proposals before parliament would increase it to £120 per week for the tax year 2020/21. • Leave could be taken as a single two-week block or two separate one-week blocks in the 56 weeks after a child’s death. Resources GRIST, 3 Feb 2020 UK (upcoming effective dates) Development Wealth • Pension schemes face new investment and disclosure rules — Key date: 1 Oct 2020 Career • Hourly wage increases announced — Key date: 1 Apr 2020 • GRIST — Key date: 6 Apr 2020 • Employer national insurance contributions on termination payments postponed — Key date: 6 Apr 2020 30 Copyright 2020 Mercer LLC. All rights reserved.
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