COVID-19 and Labor Laws: A Global View

COVID-19 and Labor Laws: A Global View As Canada tries to return to pre-Covid-19 “normalcy,” companies are struggling with whether or not they should/ can legally enforce vaccine mandates. Moreover, employees are often as confused about what they can and should do, legally, when faced with a barrage of new information. Some are even scared. You can sample media coverage and legal musings on the topic here and here and here. This is a more expanded look at how COVID-19 is influencing employment laws and regulations in various ways outside of Canada.

While laws vary wildly around the world, one can sometimes catch a glimpse of where the world is moving as a whole when it comes to labor and employment laws.

Whether you live in Toronto or Abu Dhabi, the global pandemic has touched nearly everybody’s life. COVID-19 has created a host of unprecedented challenges to lawmakers, attorneys, and leaders around the world. Labor and employment laws are changing fast.

Here are a few notable legal changes from around the world.

Republic of Ireland Last April, Irish workers received a big gift from the government-run Workplace Relations Commission (WRC). The Commission gave employees the “right to disconnect” from work outside of normal business hours. The code allows employees to disregard job related emails, phone calls, and such during their off hours. They can do so without having to fear any repercussions from their employers.

The “right to disconnect” isn’t a new concept, but Ireland was the first country to implement such a regulation post-pandemic. This was, in part, a reaction to the rise of employee fatigue felt by many remote workers during the pandemic. While the boundaries between work life and home life are often blurred, the pandemic magnified that for many workers. Ireland made it easier for employees to regain a healthy work/life balance again.

United Arab Emirates The UAE recorded its first known case of coronavirus on January 29, 2020. Crown Prince Sheikh Mohamed bin Zayed bin Sultan Al Nahyan acted fast to contain the virus. The UAE, which comprises seven Emirates, has a population of roughly 9.1 million people. However, 90% of those people are foreign workers, which puts the country in a unique labor and employment situation.

Two months after their first reported COVID-19 case, the UAE’s Minister of Human Resources and Emiratisation (MOHRE) issued Ministerial Order 279. The Order contained numerous guidelines that revolutionized the labor force and legally granted accommodations to foreign

employees. Much of which hadn’t existed previously and probably wouldn't have come to fruition if not for the pandemic.

One of the more interesting items to come from this order is the Virtual Labor Market for workers. It is quite progressive and provides laborers with the opportunity to move to other companies, something that wasn’t previously available for many of the blue collared labor force. However, while that was a win for the labor force, the Order also allows companies to restructure employment contracts as they see fit. The restructuring is often in the employer’s favor. This obviously puts the employee at a legal disadvantage.

New Zealand New Zealand first detected COVID-19 on February 28, 2020. It has since taken some of the most aggressive measures in the world to fight COVID-19. The whole country shutdown in August over a single case of the Delta variant.

Last week, New Zealand’s Employment Relations Authority upheld New Zealand Customs Service’s termination of an employee for not complying with their vaccination mandate. The Authority ruled the Government agency had the right to fire the employee since his role had vaccination requirements before the pandemic. The ruling, although focused on one incident, may open the doors for employers nationwide to enforce vaccination mandates with termination if the employee fails to get the vaccine. However, it is unclear whether the decision will hold-up when applied to the average New Zealander or if it only pertains to employees in high-risk roles, such as the Border Agent that led to this action.

The three aforementioned developments are only a few of a handful of employee and labor related laws, regulations, and orders that materialized due to Covid-19. How much of it will gain traction and where it will gain traction is anyone’s guess at this point, but one thing is for sure, COVID-19 is definitely leaving its mark on labor laws around the world.