#GLOBALBENEFITSBULLETIN HIGHLIGHTS - AON
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#GlobalBenefitsBulletin Highlights This document is intended for general information purposes only and should not be construed as advice or opinions on any specific facts or circumstances. The comments in this summary are based upon Aon’s preliminary analysis of publicly available information. The content of this document is made available on an “as is” basis, without warranty of any kind. Aon disclaims any legal liability to any person or organization for loss or damage caused by or resulting from any reliance placed on that content. Aon reserves all rights to the content of this document. Status Key Action Required = Requires Revisions to Policies or Procedures To Be Reviewed = Recommend Employer Review for Impact to Policies or Procedures Watch = Monitor #GBB Highlights | May 2021 1
Table of Contents Action Required Colombia: Plans for electronic payroll ..…11 France: Gender equality index changes .....13 Germany: Remote work …..14 Mexico: Outsourcing bill update .....23 United Kingdom: Pensions Ombudsman publishes guidance on panels and Independent Financial Advisers (IFAs) …..32 #GBB Highlights | May 2021 2
Table of Contents To Be Reviewed Action Required Argentina: Increase in employee Germany: Employer benefits tax contribution ..…6 exemption .....13 Argentina: Amendments to income Germany: Covid-19 workplace tax laws .....6 testing …..14 Argentina: Extension of measures .....7 Hong Kong: Passage of the Sex Discrimination (Amendment) Bill Australia: Requirements for 2020 …..15 financial services providers .....7 Hong Kong: Maternity Leave Pay Australia: JobMaker Hiring Credit Scheme .....15 scheme .....8 India: Code on Wages (Central Australia: 2021 Superannuation Advisory Board) rules ..…16 caps and thresholds .….8 India: Corona specific standard Belgium: Extension of measures .....10 products .....17 Brazil: 2020 Job Protection Program .....10 Indonesia: Regulations for Job Creation Law …..17 Canada: Retirement and paid time off for vaccinations, Bill C-30, Ireland: Institutions for Budget Implementation Act, 2021, occupational retirement Sick leave proposals and programs/ provision (IORP) II Directive on Paid leave for COVID-19 pension schemes …..18 vaccinations .....10 Ireland: Benefit Payment Scheme .....19 Chile: Telework agreements …..11 Israel: Decrease in European Union: Pan-European unemployment benefit ..…19 Personal Pension Product …..12 Israel:Initiative to adopt France: Extension of measures …..12 management fee ceiling …..20 Israel: Quarantine Benefit Law measures extended …..20 #GBB Highlights | May 2021 3
Table of Contents To Be Reviewed Action Required Japan: Withholding tax for remote Turkey: Termination ban and working ..…21 unilateral unpaid leave measures extended …..30 Malaysia: Applications for early withdrawal …..21 United Kingdom: Employment and payroll measures .....31 Malta: Social security contribution rates .….22 United Kingdom: Apprentice programs ..…31 Mauritius: Guidelines for defined contribution (DC) plan …..22 United Kingdom: Money and Pensions Service announces Netherlands: Future of Pensions Act new MoneyHelper brand .....32 implementation delay .....24 United Kingdom: Right to work Peru: Withdrawal of pension checks update …..32 savings …..26 United States of America: Philippines: One-time financial Pension funding relief …..33 assistance .....26 United States of America: Tax Poland: Workplace vaccination Credits for Paid Leave for program .....27 COVID-19 Vaccinations …..33 Singapore: Policies for worker's United States of America: compensation ..…27 Reimbursement Program for COVID-19 Vaccine Sweden: Income pension Administration Fees …..34 complement .....28 United States of America: Taiwan: Exemption for subsidies …..28 Independent Contractor Rule withdrawn …..34 Turkey: Social security new regulations …..29 United States of America: Taxability of Dependent Care Assistance Programs for 2021, 2022 …..35 #GBB Highlights | May 2021 4
Table of Contents Watch Australia: Draft Budget Bill 2021-22 (superannuation or retirement income measures) …..9 Australia: Draft Budget Bill 2021-22 (Health Care reform measures) .....9 India: Labor reform update …..16 Netherlands: Parental paid leave proposal .….24 New Zealand: Health care reform …..25 Thailand: National Pension Fund bill approved …..29 United Arab Emirates: Proposals to amend the Employment Law …..30 #GBB Highlights | May 2021 5
Key Updates Argentina: Decree Issued Effective Date: April 1, 2021 Increase in employee contribution COVID-19 (caused by SARS-CoV-2 coronavirus) is considered “presumptively” a “professional disease” under the Decree of Necessity and Urgency No. 367/20. The benefits granted for special coverage of COVID-19 is financed through the Trust Fund for Occupational Diseases (FFEP). Under Resolution 115/2021, the employee contribution to the FFEP has increased to ARS 40 from April 1, 2021. Back to ToC Argentina: Law Enacted Effective Date: April 21, 2021 Amendments to income tax laws Law 27617, published in the Official Gazette of 21 April 2021, went into force on April 21, 2021, and is retroactively effective as from January 1, 2021. It introduces amendments to the Income Tax Law. Law 27617: • Exempts the 13th month salary from income tax for employees whose monthly gross salary does not exceed ARS 150,000; • Establishes that the productivity bonuses (and similar compensation) received by employees whose monthly gross salary does not exceed ARS 300,000 are exempt from income tax (with an annual cap equivalent to 40% of the basic personal allowance); • Provides that the dependent spouse allowance also applies in respect of partners (different or same gender) sharing the same dwelling with the taxpayer; • Establishes that the taxpayer may increase the child allowance for each child handicapped or unable to work; • Increases the special lump-sum allowance for pensioners from six to eight minimum monthly guaranteed pension payments (as defined by article 125 of Law 24241); • Provides that travel expenses reimbursed or paid by the employer are deductible for tax purposes for an amount equivalent to up to 40% of the basic personal allowance; • Provides that kindergarten expenses reimbursed by the employer are not subject to income tax provided that such expenses relate to children up to three years old, the employer has no equivalent facilities, and the employee provides documentation supporting the outlays; and • Provides an exemption from income tax for the purchase of learning tools for the employee´s children and training courses taken by the employee (with a limit of 40% of the basic personal allowance). Back to ToC #GBB Highlights | May 2021 6
Key Updates Argentina: Decree Issued Effective Date: In Force (partial) Extension of measures Emergency Decree (DNU) No. 266/2021 has provisions extending the prohibition to dismiss without just cause, and to perform terminations or suspensions for lack or reduction of work, or for force majeure, until May 31, 2021. Employers who violate these measures may be penalized. The penalty includes payment of double severance in case of terminations without cause, which will be in force until December 31, 2021. This amount is capped at ARS 500,000 (from January 22, 2021). Back to ToC Australia: Law Enacted Effective Date: July 1, 2021 Requirements for financial services providers Act No. 19 of 2021 received Royal Assent on March 2, 2021, and will go into force on July 1, 2021. The Act amends the Corporations Act 2001 and requires financial services providers that receive fees under an ongoing fee arrangement to: • provide clients with a document each year which outlines the fees they will be charged and the services they will be entitled to in the following 12 months, and which seeks annual renewal for all ongoing fee arrangements; • obtain written consent before fees under an ongoing fee arrangement can be deducted from a client’s account; • require a financial services licensee or authorised representative to give a written disclosure of lack of independence where they are authorised to provide personal advice to a retail client.; and • also, Financial Services Guides provided to new clients on or after July 1, 2021, must contain a lack of independence statement; and a transitional rule is applicable to Financial Services Guides given to clients before July 1, 2021, for financial services to be provided on or after July 1, 2021. The Act also amends the Superannuation Industry (Supervision) Act 1993 allowing a superannuation trustee to only charge advice fees to a member where certain conditions are satisfied; and removing a superannuation trustee’s ability to charge fees under an ongoing fee arrangement for financial product advice from MySuper products. Back to ToC #GBB Highlights | May 2021 7
Key Updates Australia: Scheme Implemented Effective Date: In Force JobMaker Hiring Credit scheme The JobMaker Hiring Credit scheme is an incentive for businesses to employ additional young jobseekers (aged 16–35). Companies can receive payments for new positions they create and fill with eligible employees between October 7, 2020, and October 6, 2021. Eligible employers can register online for the subsidy. Back To ToC Australia: Update Issued Effective Date: July 1, 2021 2021 Superannuation caps and thresholds The Australian Taxation Office (ATO) has updated superannuation caps and thresholds for 2021-2022. From July 1, 2021, these rates and threshold apply to contributions and benefits, employment termination payments, super guarantee, and co-contributions. • Contribution caps include A$27,500 for concessional contribution caps (i.e., employer contributions and personal contributions claimed as a tax deduction), A$110,00 for non-concessional (i.e., personal contributions in which individuals have not claimed an income tax deduction). • The low-rate cap for payments from super is A$225,000. The low-rate cap is “the limit set on the amount of taxable components (taxed and untaxed elements) of a super lump sum that can receive a lower (or nil) rate of tax”. It applies to members that have reached their preservation age but are below age 60. • The super guarantee percentage is scheduled to increase to 10%. The maximum superannuation guarantee contribution base for the 2021-22 income year is A$58,920 per quarter. It is used to determine the maximum limit on any individual employee's earnings base for each quarter of any financial year. Employers do not have to provide the minimum support for any part of the earnings exceeding this limit. • The government may add to the super if employees are eligible for the super co-contribution or the low- income superannuation tax offset. The government’s co-contributions threshold for lower income is A$41,112 and A$56,112 for the higher income. • The transfer balance caps (i.e., limit on the total amount of superannuation that can be transferred into the retirement phase) are A$1,700,000 for the general transfer balance cap and A$106,250 for the defined benefit income cap. Back To ToC #GBB Highlights | May 2021 8
Key Updates Australia: Budget Proposal Draft Budget Bill 2021-22 (superannuation or retirement income measures) The government has published details of its draft budget bill for 2021-22. Highlights include measures: • allowing more flexibility to those aged 67 to 74 years to make or receive non-concessional (including under the ‘bring-forward’ rule) or salary sacrifice super contributions without meeting the work test, subject to existing contribution caps; • increasing the flexibility of the pension loans scheme by allowing participants access to a maximum of two lump sum advances in any 12-month period (up to a total value of 50 % of the maximum annual rate of the Age Pension); • reducing the eligibility age to make "downsizer" contributions into super from 65 to 60 years of age; and • removing the $450 per month threshold for superannuation guarantee eligibility. Also, the Government has announced it will not proceed with the proposed measure to extend early release of superannuation to victims of family and domestic violence. Back To ToC Australia: Budget Proposal Draft Budget Bill 2021-22 (Health Care reform measures) The draft budget for 2021-22 contains measures on health care. Measures include: • funding for improving and expanding mental health care and suicide prevention; • improving the accessibility and quality of women’s health services along with funding for ongoing programs such as maternal health; • funding to modernize and improve the administration of the Prostheses List, support the introduction of an improved certification process when admitting patients to hospitals and a review of private hospital default benefit arrangements; • continued funding for telehealth services (extended through the end of 2021); and • funding to support those with significant and permanent disability and to guarantee access to essential health care and medicine. Back To ToC #GBB Highlights | May 2021 9
Key Updates Belgium: Law Enacted Effective Date: April 1, 2021 Extension of measures Law No. 2021020750, introducing temporary tax relief measures due to the coronavirus pandemic, was published in the Official gazette on April 13, 2021. Measures include extending the 15 % withholding tax reduction under the temporary unemployment regime to June 30, 2021 (from March 31, 2021); extending the annual social contribution payment deadline for companies to December 31, 2021, from (June 30, 2021). The measures went into force on April 1, 2021 (generally). Back to ToC Brazil: Provisional Measures Issued Effective Date: In Force 2020 Job Protection Program The President has signed two decrees that restore the 2020 Job Protection Program (Provisional Measure No. 1,045 and Provisional Measure No. 1,046). • Under Provisional Measure No. 1,045, companies may reduce salaries and working hours by 25%, 50%, or 70%, and also can suspend work contracts (entirely) for up to 120 days. • The government pays a subsidy to affected employees (i.e., a percentage of their unemployment benefits equal to the percentage of their salaries that they are receiving). • The program requires employers and workers to sign agreements covering the reductions. Companies must also agree to maintain the employment of workers after the reduction period expires for at least the same amount of time as set in the signed agreements. • Under Provisional Measure No. 1,046, companies are allowed to delay deposits to employee dismissal funds, postpone vacation payments, require employees to take periods of leave, declare company shutdowns, and allow employees to work remotely. Both decrees are in effect for 120 days after their publication (i.e., from April 28, 2021). Back to ToC Canada Retirement and paid time off for vaccinations; Bill C-30, Budget Implementation Act, 2021; Sick leave proposals and programs/ Paid leave for COVID-19 vaccinations Aon’s weekly Radar is available as of April 29, May 6, May 13. Back to ToC #GBB Highlights | May 2021 10
Key Updates Chile: Guidance Issued Effective Date: In force Telework agreements The Labor Directorate has issued guidance which outlines the clauses that every telework or distance work agreement should contain. • The right to disconnect for workers. The worker must provide the employer with a start time of the right to disconnect. • The employer does not have the authority to unilaterally modify the place where the worker renders the services. • The terms of the teleworking scheme may be subject to the fulfillment of an indeterminate condition or time. • The employer must continue to grant the employment benefits (“even when they lose their compensatory nature”) contained in the employment contract when agreeing to the teleworking and/or distance work modality. However, the parties may agree to replace the mobilization and collation allowances with a stipend “destined” to finance the equipment, tools, and materials necessary in the telework or distance work regime. • The determination of the value to finance the costs of operation, maintenance, operation, and repair of equipment, tools, and materials will depend on each employment relationship. The costs incurred by the worker must be fully covered. Back to ToC Colombia: Resolution Adopted Effective Date: May 31, 2021 Plans for electronic payroll The National Tax and Customs Directorate (DIAN) has announced a plan to implement electronic payroll as part of its e- invoicing system. Under Resolution 13 of February 11, 2021 (regulating the implementation of the electronic payroll system), employers subject to income tax and VAT that make payments to persons according to their employment or legal relationship must submit an electronic payroll supporting document to DIAN. The electronically signed document must be submitted each month to the tax authority for validation, 10 days after its creation or issuance. The Resolution also provides an implementation calendar: • Implementation schedule according to the number of employees: Sets the date by which the IT service will be enabled (5/31/2021) and the latest acceptable implementation date (7/1/2021 - 12/1/2021). • Permanent implementation schedule: Companies will have two months from the date of payment to generate the support document. • Implementation schedule for companies not obliged to issue electronic sales invoices: IT enablement date of 3/31/2022 and implementation date of 5/31/2022. The Resolution also allows any company to pre-empt the established schedule and start issuing payrolls electronically. Back To ToC #GBB Highlights | May 2021 11
Key Updates European Union: Regulation Issued Effective Date: March 22, 2022 Pan-European Personal Pension Product The European Parliament and the European Union Council have issued several regulations regarding a pan-European Personal Pension Product (PEPP) which is a long-term savings personal pension product that provides income on retirement. The PEPP Regulation has been finalized and will commence from March 22, 2022. Benefits of the PEPP include: • Possibility to switch providers every five years (at capped costs); • Savers will be able to continue saving in the same product even when they change residence in the EU; • Full transparency on the product, including on costs and fees (i.e., relevant information will be disclosed via a “simple” Key Information Document (KID) supplied before the purchase, complemented by a personalised pension benefits statement during the product lifetime); • Affordable default investment option (Basic PEPP) with costs capped at 1% of the accumulated capital per annum; and • The Basic PEPP will safeguard the consumers’ invested capital. Back to ToC France: Decree Issued Effective Date: In Force Extension of measures Decree No. 2021-430, amending the social security contribution (SSC) exemption regime for qualified employers, was published in the Official Gazette on April 13, 2021. The Decree extends the exemption measures and assistance arrangements for the payment of social contributions and contributions for businesses and self-employed workers (in certain sectors) affected by the health crisis to February 28, 2021. The Decree applies to 2021 SSC due for the January and February employment periods. Also, the Decree adjusts and increases the ceiling on the amounts of exemption and aid. The maximum exemption threshold is increased to 1.8 million euros (from 800,000 euros) for companies under the regime. Back to ToC #GBB Highlights | May 2021 12
Key Updates France: Decree Issued Effective Date: In Force Gender equality index changes Decree no. 2021-265 of March 10, 2021 , modified the publication modalities of the gender equality index and has imposed specific obligations on companies benefiting from the stimulus plan introduced by the Finance Act for 2021. Under the Decree, companies must publish the overall score obtained when calculating the index and the results obtained for each indicator. (Companies were required to only publish the overall score and the details of the indicators and their results were communicated only to the social and economic committee (CSE) and the labor inspection services.) Additional requirements of the Decree include: • The publication must now be made in a visible and legible manner on the company's website so that the information is easily accessible. It must remain available on the website (at least) until the publication the following year of the overall score and the results obtained for the current year. • These publication procedures apply to the 2020 results published in 2021. However, companies are granted a period of adjustment. (The publication of the overall score must be carried out no later than May 1, 2021, and the publication of the results obtained for each indicator must be made no later than June 1, 2021.) • The Finance Act for 2021 provides that companies with at least 50 employees benefiting from the aid of the economic stimulus plan implemented due to the COVID-19 pandemic and having a score of less than 75/100 on the index will have to set and publish their targets, as well as their correction and salary catch-up measures. • The publication of the objectives and measures will be made on the company's website (on the same page as the results obtained) and will be available until the company obtains a result at least equal to 75/100. This obligation applies to the results for 2021 and must be published no later than March 1, 2022. However, companies will be given additional time in 2022; they will be able to publish their objectives, and the correction and catching-up measures until May 1, 2022. Back To ToC Germany: Letter Issued Employer benefits tax exemption The Ministry of Finance posted Letter No. 2021/0400744 which addresses the implementation of the tax recognition of employer benefits in accordance with the Income Tax Act. It covers the legal basis of the tax exemption for employer- sponsored prevention and company health promotion services; the tax-exempt benefits for employers; the assessment of benefits; and non-exempt services. Back to ToC #GBB Highlights | May 2021 13
Key Updates Germany: Law Enacted Effective Date: April 23, 2021 Remote work The draft of the Fourth Act on the Protection of The Population (“Viertes Bevölkerungsschutzgesetz”, Act) was signed by the President and published on April 22, 2021. It went into force on April 23, 2021, and is expected to apply for a limited period (i.e., until June 30, 2021). The law applies "if there are incidence over 100 on three consecutive days" in federal states and districts (located on the website). Highlights include: • The Act adopts certain regulations of the SARS-CoV-2 Occupational Health and Safety Ordinance (“SARS- CoV-2 Arbeitsschutzverordnung“) including, requiring employers to offer remote work to employees engaged with office work or similar activities. • An exemption applies only if there are compelling operational reasons against remote work. The employer may be required to describe such reasons to the competent authority upon request. • Under the new rules, employees will now be “obligated” to accept this offer of working from home. However, employees are also entitled to refuse to accept such offer if they have “reasons” to do so (i.e., confined space, interference from third parties or insufficient technical equipment at the employee’s residence). • Statutory obligations (in principle) are not part of the employee’s contractual obligations under the employment contract. Even under the new rules, the employer will not be able to enforce working from home. Companies may consider requesting employees to sign a notice stating that working from home was offered but they refused the offer for one of the reasons provided for in the Act. Back To ToC Germany: Law Enacted Effective Date: April 21, 2021 Covid-19 workplace testing According to a recent amendment [Article 1 of the Ordinance of April 21, 2021 (BAnz AT 22.04.2021 V1] to the SARS- CoV-2 Occupational Health and Safety Ordinance (SARS-CoV-2-Arbeitsschutzverordnung), employers are required to offer employees who do not work exclusively in their home a corona test (PCR test or professional/self-applied rapid antigen tests) at least twice a week from April 20, 2021. The cost of the tests must be covered by the employer because it involves occupational health and safety measures within the meaning of the Occupational Safety and Health Act. Evidence of the procurement of tests in accordance with the measure or agreements with third parties regarding the testing of employees must be kept by the employer until June 30, 2021. Also, the federal Ministry of Labor and Social Affairs (BMAS) has published: the new SARS-CoV-2 occupational safety rule for the workplace. Back to ToC #GBB Highlights | May 2021 14
Key Updates Hong Kong: Law Enacted Effective Date: June 19, 2021 Passage of the Sex Discrimination (Amendment) Bill 2020 The Equal Opportunities Commission (EOC) announced the passage of the Sex Discrimination (Amendment) Bill 2020 in the Legislative Council on March 17, 2021. Measures in the bill introduces protection from harassment on the ground of breastfeeding under the Sex Discrimination Ordinance (SDO). They prohibit breastfeeding discrimination and harassment in several sectors, including employment. The provisions will come into force on June 19, 2021. Back to ToC Hong Kong: Procedure Update Effective Date: April 1, 2021 Maternity Leave Pay Scheme The Government has announced that employers may request reimbursement for the additional statutory maternity leave under its Reimbursement of Maternity Leave Pay Scheme which came into effect in December 2020. Statutory maternity leave increased from 10 weeks to 14 weeks from December 11, 2020. From April 1, 2021, employers may apply online for reimbursement of the additional four weeks’ statutory maternity leave pay (i.e., 11th to 14th week). The reimbursement amount is capped at HK $80,000 per employee. Applications under the Scheme are subject to the following requirements: • The employee has been employed under a continuous contract of employment for at least 40 weeks before the commencement of her statutory maternity leave; • The employee has taken her statutory maternity leave and the employer has paid the leave amount to her for the entire 14 weeks; • The employee’s date of confinement was on or after December 11, 2020; and • The employer has not received or will not receive any other government funding in respect of the additional four weeks of statutory maternity leave pay for the employee. The employer may apply for the reimbursement through the online portal Back to ToC #GBB Highlights | May 2021 15
Key Updates India: Update of Law Enacted Effective Date: Future Date Labor reform update On September 28, 2020, three new labour law codes (Industrial Relations Code, 2020; the Occupational Safety, Health and Working Conditions Code, 2020; and the Code on Social Security, 2020) received the President's assent. The Government has yet to notify the effective implementation date of the Codes and the regulations for the Codes have not been published. The Codes together with the Code on Wages, 2019, that was also passed by the Parliament, form part of the Government's labour reform agenda. • The Code on Wages, 2019, includes significant measures introducing a minimum wage ("floor wages"), broadening of the definition of employee to include less formal employment and establishing a single legal determination for the definition of wages. • The Occupational Safety, Health and Working Conditions Code, 2020 covers health, safety, and conditions in the workplace. • The Industrial Relations Code, 2020 covers termination payments for workers who are laid off. Employers with more than 100 employees must secure permission from the government prior to entrenching workers. • The Code on Social Security Bill, 2020 retains the main social security benefit schemes currently in place (the Employees' Provident Fund/EPF, the Employees' Pension Scheme/EPS and the Employees Deposit Linked Insurance Scheme/EDLIS) but proposes extending cover beyond its current limit of formal-sector employees to include the self-employed and informal and gig economy workers as well. Benefits would comprise pension, medical cover, death, and disability. Back To ToC India: Rules Issued Effective Date: In Force Code on Wages (Central Advisory Board) rules The Ministry of Labour and Employment (MOLE) has issued the Code on Wages (Central Advisory Board) Rules, 2021. Under the rules: • The Board will consist of individuals nominated by the Central Government representing employers and employees (as specified in section 42 of Code on Wages, 2019) and the independent persons and representatives of the State Governments. • In addition to the functions (specified in sub-section (3) of section 42), the Board will advise the Central Government “on the issue relating to the fixation of minimum wages”. • No business will be transacted at any meeting unless at least one-third of the members (including at least one representative member each of both the employers and an employee) are present. • All business of the Board will be considered at its meetings and will be decided by a majority of the votes of members present. In the event of an equality in votes, the Chairperson will have a casting vote. • Voting will ordinarily be by show of hands. However, if any member asks for voting by ballot, or if the Chairperson so decides, the voting will be by secret ballot and will be held in a manner as the Chairperson may decide. • If a member of the Board fails to attend three consecutive meetings, without prior notice to the Chairperson, they will no longer be a member. Back to ToC #GBB Highlights | May 2021 16
Key Updates India: Circular Issued Effective Date: In Force Corona specific standard products The Insurance Regulatory and Development Authority of India (IRDAI) has mandated Life, General and Stand-Alone Health insurers to continue to offer “Corona specific standard products”. They are required to continue, as well as renew, the Corona Kavach and Corona Rakshak Policies until September 31, 2021. The COVID-19 policy offers hospital cover at a low premium. Anyone aged 18 to 65 can purchase the COVID-19 health insurance. Back to ToC Indonesia: Regulation Issued Effective Date: In Force Regulations for Job Creation Law Implementing regulations have been enacted regarding the Job Creation Law. Highlights of Regulation No. 35 of 2021 on Definite Period Employment Agreements, Outsourcing, Working and Resting Hours and Termination of Employment (Regulation 35) include: • It requires employers to register online the Definite Period Employment Agreements (Perjanjian Kerja Waktu Tertentu or PKWT) within three working days from the date of signing. If the online registration is not available, manual registration can be made at the Local Employment Office seven working days from the date of signing (at the latest). • Employers are required to pay “Compensation Pay" and Regulation 35 stipulates the formula to calculate such. • Regarding outsourcing, Regulation 35 emphasizes that an employment relationship exists between the service provider and its employees. • Regulation 35 recognizes normal working hours that are less than 40 hours per week. These hours can be implemented by companies with work that can be completed in less than seven hours per day and less than 35 hours in a week; they implement flexible working hours; and they have work that can be completed outside a location. • Regulation 35 clarifies that the maximum overtime hours (four hours a day and 18 hours a week) do not apply during weekly rest days and public holidays. It also includes provisions on employees who can be exempt from overtime pay eligibility (i.e., employees in certain position classifications (golongan jabatan) who have responsibilities as the planners, executors, and/or controllers of the company's operations with higher salaries and their working hours cannot be limited). • Also, Regulation 35 requires employment agreements, company regulations, or collective labor agreements to include provisions on position classifications within the company that are excluded from overtime pay eligibility. If not specifically stipulated in such, the exemption will not be applicable, and all employees will then be eligible for overtime pay. • Regulation 35 requires the notice of termination to be issued at the latest 14 days before the effective date of termination. If the employee is still on probation, the written notice must be issued (at the latest) seven days before the effective date of termination. Back to ToC #GBB Highlights | May 2021 17
Key Updates Ireland: Regulation Issued Effective Date: In Force Institutions for occupational retirement provision (IORP) II Directive on pension schemes On April 27, 2021, the Government announced that regulations transposing the IORP II Directive into pensions legislation has been signed by the Minister for Social Protection. The Directive is the most significant piece of pensions legislation published in Ireland in over 30 years. • The underlying objective of the IORP II Directive is to facilitate the development of occupational retirement savings in the European Union. • The requirements of the Directive will apply to all schemes and trust Retirement Annuity Contracts (RACs) (including small schemes and one-member arrangements where possible and as appropriate) to ensure that all members and beneficiaries are given equal protection irrespective of size. • Regarding existing one-member arrangements (post-transposition), IORP II investment and borrowing rules will apply only to new investments or borrowings entered by such arrangements. • A 5-year transitional period will also apply to existing one-member arrangements in respect of new IORP II requirements (other than investment and borrowing related requirements). The regulations provide for improvements within the occupational pensions area (i.e., enhanced governance standards for schemes and trust RACs in Ireland; better protections for pension scheme members and beneficiaries; enhanced information provision to scheme members and beneficiaries including the introduction of a Pension Benefit Statement on an annual basis; the removal of obstacles for cross-border provision of services and transfers; and, promotion of long-term investment in growth, environment and employment enhancing economic activities). Back to ToC #GBB Highlights | May 2021 18
Key Updates Ireland: Scheme Implemented Effective Date: In Force Benefit Payment Scheme The government has introduced the Benefit Payment scheme for those between age 65 and 66. It is a new benefit for residents who are no longer engaged in regular employment (either voluntarily or involuntarily) or self-employment and meet the pay-related social insurance (PRSI) contribution requirements. The purpose of the new benefit is to replace the Jobseeker's Benefit (an unemployment benefit for individuals aged 18 to 65) as the main source of income support for residents who retire at age 65. However, it does not have the same requirements of the Jobseeker’s Benefit scheme (i.e., require beneficiaries to be available for employment, actively search for full-time work). To qualify for the benefit: • Residents who were previously employed must have at least 104 weeks of paid contributions since starting work, and at least 39 weeks of paid or credited contributions (of which at least 13 must be paid) in the governing contribution year (GCY). In the alternative, they must have at least 26 weeks of paid contributions in the GCY and at least another 26 weeks in the year immediately before it. (The GCY is the second to last complete tax year at the time the benefit is claimed.) • Residents who were previously self-employed must have at least 156 weeks of paid contributions since starting work and 52 weeks of paid contributions in the GCY. • Residents must cease regular employment or self-employment. However, they can continue subsidiary employment (i.e., part-time work in one job that coincided with full-time work in another job for at least six months) that began before claiming the benefit. An individual cannot begin new employment or self- employment while receiving the benefit. • Also, the weekly benefit is €203. If a beneficiary has qualifying dependents, the weekly amount is increased by up to €38 for each child younger than age 12, €45 for each child aged 12 to 18 (until age 22 if a full-time student), and €134.70 for each adult. • Additionally, payment of the benefit stops when a beneficiary reaches the State Pension age of 66 and begins receiving an old-age pension under the State Pension program. Back to ToC Israel: Benefit Update Effective Date: May 26, 2021 Decrease in unemployment benefit Due to the decline in the unemployment rate, the government has announced a decrease in the unemployment benefits. From May 26, 2021: • Those receiving unemployment benefits “in the framework of the extension of unemployment days” eligibility due to Covid-19, the unemployment benefits will decrease by 10%. • However, those eligible for unemployment days based on a 12-month qualifying period and have not yet exhausted the amount of unemployment days to which they are entitled will continue to receive unemployment benefits at the full rate. • Also, if the unemployment rate drops below 7.5%, the payment of unemployment benefits will end 30 days after the release of the unemployment rate for those receiving unemployment benefits "in the framework of the extension of unemployment days" eligibility due to Covid-19. Back to ToC #GBB Highlights | May 2021 19
Key Updates Israel: Initiative Issued Effective Date: In Force Initiative to adopt management fee ceiling The Capital Market Authority (CMA) has launched an initiative to adopt a management fee ceiling for savers who stopped depositing during the Covid-19 crisis. The Commissioner of the CMA requested institutional entities to continue to abide by the temporary order which stipulates that an institutional body would not be allowed to increase the rate of management fees for savers when their deposits for pension savings were suspended for a period of 12 months from the date of termination of deposits. Under the initiative, the order will cover the period from November 2020 to June 2021. Also, under the initiative, the entities would not exercise the existing option to increase management fees under an arrangement: • “To the extent that the existing rate of management fees accrues to the saver is higher than the average rate of management fees accruing from the same institutional body for the same product”, the institutional body will not exceed the rate of management fees accruing. • “As long as the existing rate of management fees accrues to the saver is lower than the average rate of management fees accrued from the same institutional body for the same product, the institutional body will not exceed the rate of management fees accrues beyond the average rate of management fees.” • The arrangement also applies to members where deposits for pension savings were discontinued from March 2020 to October 2020 and for which the said temporary provision applies, after 12 months from the date of termination of the deposits for them until the end of 18 months. • The initiative is not applicable to industry provident funds, in which the rate of management fees for all members is determined according to actual expenses. It has been reported that all the institutional bodies responded to the initiative and informed the Commissioner that they intended to participate in the initiative. Back to ToC Israel: Law Implemented Effective Date: In Force Quarantine Benefit Law measures extended The government has announced a quarantine subsidy scheme for employers to help them financially during the COVID- 19 pandemic. Under the Quarantine Benefit Law, the National Insurance Institute will pay a quarantine benefit to employers who have paid wages to their quarantined workers. It covers the quarantine days of employees during the period from January 10, 2020, to July 7, 2021. The payment will only be made for quarantine days declared to the Ministry of Health (MOH), and employers should ensure that employees declare their quarantine period to the MOH. Back to ToC #GBB Highlights | May 2021 20
Key Updates Japan: FAQs Updated Withholding tax for remote working The National Tax Agency has updated its FAQs on withholding taxes for employees working from home. According to the update, meal vouchers must be used within one year; there is a “carry-forward” option available for a monthly unused voucher; a meal voucher (up to 3,500 Japanese yen per month excluding the consumption tax) is considered as tax-free; and an employer’s contribution for the meal voucher is calculated by deducting the consumption tax. Back To ToC Malaysia: Scheme Implemented Effective Date: March 8, 2021 Applications for early withdrawal On March 8, 2021, the Employees Provident Fund (EPF) started allowing all provident fund members younger than age 55 to withdraw a portion of their Account 1 balances under an early withdrawal option (i-Sinar). Highlights of the scheme include: • EPF members with Account 1 balances of 100,000 ringgits or less can withdraw up to 10,000 ringgits and EPF members with Account 1 balances above 100,000 ringgits can withdraw up to 10% of their account balances or 60,000 ringgits (whichever is less). • Payments will be made over a six-month period. EPF members with Account 1 balances of 100,000 ringgits or less may withdraw up to 5,000 ringgits in the first month, while those with Account 1 balances above 100,000 ringgits may withdraw up to 10,000 ringgits in the first month. The remaining payments (of at least 1,000 ringgits a month) will be issued for five additional months. Also, i-Sinar introduced a temporary reduction in the employee EPF contribution rate to 9% for fund members younger than age 60 for 2021. Back To ToC #GBB Highlights | May 2021 21
Key Updates Malta: Update Issued Social security contribution rates The Commissioner for Revenue has published the thresholds and rates for social security contributions for 2021. There is a change in rates based on an adjustment in the basic weekly wage. • For persons born from January 1, 1962, both the employer and employee contributions are 10% where the basic weekly wage falls between EUR 181.09 and EUR 485.73. • Where the weekly wage is EUR 485.74 or higher, the contribution for both employer and employees is fixed at a weekly rate of EUR 48.57. • For persons born before January 1, 1962, the top basic weekly wage is EUR 372.35, and the fixed rate when exceeding that amount is EUR 37.24. Back To ToC Mauritius: Circular Issued Guidelines for defined contribution (DC) plan The Financial Services Commission ("FSC") has issued a circular letter (CL230421) on April 23, 2021, regarding the new guidelines for the "conversion" or "shift" of defined benefit pension schemes to defined contribution pension schemes. • The objective of the guidelines is to provide for a regulatory framework for such matters. The circular outlines the meaning of "conversion" and "shift". • It also states that the guidelines require pension schemes and sponsoring employers to ensure full disclosure of information prior to any conversion or shift of the schemes. • Additionally, the guidelines address the issues of underfunded defined benefit schemes by providing for sponsoring employers to either “forthwith fund respective deficits or to submit a contingency plan” when deciding for a conversion or shift of the defined benefit schemes. Back To ToC #GBB Highlights | May 2021 22
Key Updates Mexico: Law Enacted Effective Date: April 24, 2021 Outsourcing bill update On April 23, 2021, the government published the bill on outsourcing in the Official Federal Gazette. Under the decree, several provisions of the Federal Labor Law, Social Security Law, Federal Tax Code, as well as other laws, were amended. Provisions of the decree include: • The decree prohibits the outsourcing of personnel where a person or entity makes available its own workers for the benefit of another person or entity. • The subcontracting of specialized services or the execution of specialized works that are not part of the main corporate purpose or economic activity of the beneficiary of the services or works will be allowed provided that the provider entity is registered as subcontractor of specialized services or works before the Ministry of Labor. • The services or works rendered between companies of the same business group will be considered as specialized if they are not part of the corporate purpose or the predominant economic activity of the beneficiary of the services or works. • The individuals or entities that provide subcontracting services must register with the Ministry of Labor. To obtain such registration, they must provide evidence that they are current with their tax and social security obligations. This registration will have to be renewed every three years. • It establishes a term of 30 days for the Ministry of Labor to issue the rules for registering in the public registry of persons providing subcontracting of specialized services. • The amount of profit sharing will be limited to a maximum of three months of the employee's salary or the average of the profit sharing received in the last three years (whichever is most favorable for the employee). • A fine of 2,000 up to 50,000 times the Unit of Measurement and Update will be imposed on those companies that violate the measures in the decree. • It provides for a period of three months (from its approval) for the employers to reorganize its outsourcing services. The amendments were enacted on April 23, 2021, and went into effect on April 26 (except for the amendments to the Federal tax Code, the Income Tax Law and the Value Added Tax Law, which will take effect on August 1, 2021.) Back To ToC #GBB Highlights | May 2021 23
Key Updates Netherlands: Proposal Parental paid leave proposal The government has published details on its paid parental leave (expected to be effective from August 2, 2022. Under the measures of the new scheme, the government would pay the first nine weeks of parental leave; parents can take up to 26 weeks' leave; the Employee Insurance Agency (UWV) would pay 50% of an employee's daily wages during parental leave (up to 50% of the maximum daily wage); and parents would have to use the 9 weeks' paid leave in the first year after the child is born (they can use the remaining 17 weeks any time after that, up to the child's eighth birthday). This leave will be unpaid, unless stated differently in the collective labour agreement (CAO) or company policy. Entry into force is subject to its passing through the parliament, proclamation of the Order in Council or ministerial decree and published. Back To ToC Netherlands: Update Issued Future of Pensions Act implementation delay The Minister for Social Affairs and Employment has confirmed that the implementation of the Future of Pensions Act (Wet toekomst pensioenen) will be delayed. It is expected to come into force on January 1, 2023 (at the latest). Under the Act, there will be only one type of pension agreement, defined contribution. All defined benefit plans must convert to defined contribution plans (i.e., and age-dependent pension contribution). Once the Act has entered into force, there will be a transitional phase of four years for the social partners and pension administrators will have four years to adjust pension schemes to the new legislation. Minimum funding ratios for pension schemes will remain at 90% in 2022. Back To ToC #GBB Highlights | May 2021 24
Key Updates New Zealand: Proposal Health care reform The government has announced major reforms for its health care system in response to the Health and Disability System Review (HDSR). It found that the public health system was “under stress and that a greater emphasis on primary healthcare had the greatest potential to improve citizens health”. The measures aim to make health care accessible for all citizens. Measures include: • All district health boards will be replaced by one national organisation, Health New Zealand. The entity will be responsible for running hospitals and commissioning primary and community health services. It will have four regional divisions. • A new Māori Health Authority will have the power to commission health services, monitor the state of Māori health, and develop policy. • A new Public Health Agency will be created that will “provide technical expertise in the Ministry, and Public Health Units”. It will “act as a joined-up national service New Zealand that is better equipped to fight future outbreaks and pandemics”. • The system will be overseen by a strengthened Ministry of Health, which will also advise the Government on policy matters. Back To ToC #GBB Highlights | May 2021 25
Key Updates Peru: Law Enacted Effective Date: May 9, 2021 Withdrawal of pension savings Congress has approved the bill that allows members of the Pension Fund Administrators (AFP) to withdraw their savings from the private pension fund due to the financial impact of the pandemic. The Law is not applicable to those who qualify to access the Early Retirement System for Unemployment. According to Law No. 31192, promulgated in the Official Gazette El Peruano on May 9, 2021: • Affiliates may withdraw up to four tax units (UIT) (equivalent to 17, 600 soles) from the total of their funds accumulated in their individual capitalization account (CIC), “in order to alleviate the family economy affected by the consequences of the COVID-19 pandemic”. • They may submit their request (remotely, virtually, or in person and, only once) within ninety (90) calendar days after the regulation of this law becomes effective. • Up to one UIT will be paid every thirty (30) calendar days, the first disbursement being made thirty (30) days after the request is submitted to the private pension fund administrator to which the member belongs. This is applicable until the second disbursement and the rest will be delivered in the third disbursement. • If the affiliate wishes to stop withdrawing funds from their individual capitalization account, they may request it only once from the private pension fund manager ten (10) days before disbursement. • The withdrawal of the funds referred to in this law “maintains the condition of intangible, and cannot be discounted, legal or contractual compensation, embargo, retention, any form of affectation, whether by judicial and/or administrative order, without distinction”, of the account in which they have been deposited. The Superintendency of Banking, Insurance and Private Pension Fund Administrators is responsible for determining the operating procedure for compliance with this regulation, within fifteen (15) calendar days from the publication of the law. Back To ToC Philippines: Administrative Order Issued Effective Date: In Force One-time financial assistance Under Administrative Order (AO) 39, the President has authorized the grant of one-time financial assistance of P20,000 to qualified pensioners under the Employees' Compensation (EC) scheme to provide financial relief during the coronavirus pandemic. Back To ToC #GBB Highlights | May 2021 26
Key Updates Poland: Program Implemented Effective Date: May 4, 2021 Workplace vaccination program The government announced its “vaccinations against COVID-19 at workplaces” program as part of the National Immunization Program. The workplace program, launched on May 4, 2021, is applicable to employers that have signed up a minimum of 300 people (workplace employees and their family members) to be vaccinated. Employers must complete an online registration form to participate. Guidelines which cover the organization, implementation of the program, as well as the minimum requirements of the Chief Sanitary Inspector and the Ministry of Health, have been published by the government. Back To ToC Singapore: Regulation Issued Effective Date: April 1, 2021 Policies for worker's compensation The Ministry of Manpower (MOM) has announced that all work injury compensation insurance policies must be issued by a designated insurer and must comply with MOM’s compulsory terms (from January 1, 2021). • Employers must purchase such insurance for all employees doing manual work, regardless of salary level. Under the Work Injury Compensation (Insurance) (Amendment) Regulations 2021, from April 1, 2021, the salary threshold for workers doing non-manual work has increased to SGD 2,600 from SGD 2,100 (excluding any overtime payment, bonus payment, annual wage supplement, productivity incentive payment, and any allowance). • Employers must have insurance for both local and foreign employees. Failure to provide adequate insurance is an offense carrying a fine of up to $10,000 or jail of up to 12 months, or both. • For other workers, companies have the flexibility to decide whether to buy insurance for them. However, if those employees make a valid claim, employers will have to compensate them regardless of whether they are insured. Back To ToC #GBB Highlights | May 2021 27
Key Updates Sweden: Scheme Implemented Effective Date: September 2021 Income pension complement The government has published details regarding the income pension complement (Inkomstpensionstillägg)which is a new pension benefit that is paid as a supplement to the national public pension. Highlights of the details include: • From September 2021, individuals already receiving the national pension will receive the income pension complement (or when they turn 65). It is not necessary to apply for the supplement; it is automatic when the individual applies for the national pension. • Eligibility for the benefit and the amount of the income pension complement is based on the size of the pensioner’s income-based pension and the number of years they have been earning a pensionable income in Sweden. (The full income pension complement requires between 35 and 40 years.) • An individual will not receive an income pension complement if they have a monthly income-based pension of SEK 17,000 or more (before tax) or have a monthly income-based pension of SEK 9,000 or less (gross). • Receiving the income pension complement is unaffected by the individual working simultaneously while receiving a pension, or a person choosing to stop working. However, the size of the income pension complement is affected by how much is earned during the additional years with pensionable income. • The income pension complement amount ranges from SEK 0 to a maximum of SEK 600 (gross). • The income pension complement is affected by whether you are receiving pension from another EU country, EEA country, or Switzerland. (This applies to income based old-age pensions from these countries, just like income-based pension from Sweden affects the size of the income pension complement that individuals are entitled to.) Back To ToC Taiwan: Announcement Issued Exemption for subsidies The Ministry of Finance has announced corporate income tax incentives for 2020 business income due to the coronavirus pandemic. Various subsidies received from the government are exempt from income tax; and specific deductions are available for the salaries of certain employees. Back To ToC #GBB Highlights | May 2021 28
Key Updates Thailand: Proposal National Pension Fund bill approved The Cabinet has approved a bill which establishes the National Pension Fund. It is a new mandatory retirement savings scheme that aims to support an aging population requiring all formal employees who are not members of provident funds to save money. The scheme is designed to complement existing voluntary pension arrangements. Its highlights include: • Upon approval, both employees and employers would have to contribute to the pension fund at a progressive rate, starting from 3% of their salary during the first through third year, rising to 5% for years 4- 6,and 7% of their salary in the seventh year onwards. • It is applicable to those ages 15-60, earning up to B60,000 per month. However, if the employee earns less than B10,000 per month, only the employer would have to contribute. • Employees can opt to commit more to the fund (up to 30% of their salary). • Contributions are tax-exempt and the assets will be managed by private assets management companies. The companies will be required to obtain licenses from the Securities and Exchange Commission of Thailand. Back To ToC Turkey: Regulation Issued Effective Date: April 22, 2021 Social security new regulations The government has issued new regulations on social security legislation and corporate tax law. Law No. 7316, was published in the Official Gazette on April 22, 2021 (No. 31462). Highlights include: • Under Article 6 of the Law, in workplaces (i.e., those operating in compliance with the NACE Rev.2 Classification of Economic Activities under certain codes), the daily pandemic unpaid leave (cash wage support amount) will be 50 TL regardless of the start date or hire date. • Under Article 9, the temporary incapacity payment would be calculated with the following rules: • The average of social security base amounts of the last three months (within the last 12-month period) would be considered for daily allowance calculations on work accident and occupational illness cases. • The average of social security base amounts for the last 12-month period would be considered for daily allowance calculations on illness and maternity cases. • If you have fewer premium days than 180 days on short-term insurance types, the daily allowance would not be higher than two times the daily minimum wage. The Law entered into force on April 22, 2021. Back To ToC #GBB Highlights | May 2021 29
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