The Workplace Rights Other Countries Have (and the U.S. Doesn't)

Jan de Vries · 2026-07-28

The U.S. often sees itself as a leader in many areas, but when it comes to worker protections, we're actually trailing behind quite a few other nations. While the 2025 Employment Rights Act in the UK is making headlines for overhauling workplace law there, it's worth looking at what employees in other countries already enjoy—and what American workers are missing out on. If you're an HR professional, business owner, or just someone curious about labor standards, this breakdown will open your eyes to the global landscape of employee rights. Some of these will surprise you, and a few might make you wonder why we haven't adopted them yet. ### The Right to Disconnect (France & Beyond) France was the pioneer here, passing a law in 2017 that gives employees the legal right to ignore work communications outside of working hours. Companies with 50 or more employees must negotiate specific times when staff can be contacted electronically. Australia, Ireland, Belgium, Spain, and Portugal have followed suit. Australia's version, effective August 2024, even bars employers from punishing workers who don't answer calls or emails after hours. In the U.S., there's no such federal protection. The average American worker puts in more hours than their European counterparts, and the line between work and personal life has blurred even further with remote work. The closest thing we have is the Fair Labor Standards Act, which doesn't address after-hours communication at all. ### The 13th Month Salary (Brazil) Brazil's "décimo terceiro salário" has been a constitutional right since the 1960s. Employers must pay every formal employee an extra month's wage each year, split into two mandatory installments. It's designed to boost the economy, help with end-of-year expenses, and ensure workers are comfortable during the holidays. This is considered a legal wage, not a discretionary bonus, and is owed pro-rata even on dismissal. Similar policies are mandatory across most of Latin America and parts of Europe, including Greece, Italy, Portugal, and Spain. In the U.S., the concept of a guaranteed 13th month paycheck is virtually unheard of. Even annual bonuses are often at the employer's discretion, leaving workers in a precarious position during the holiday season. ### Paid Menstrual Leave (Spain) In 2023, Spain became the first European country to introduce menstrual leave. Workers experiencing periods that are medically certified as incapacitating can take paid time off, funded by the state from the first day of absence. This recognizes a biological reality that affects a significant portion of the workforce. While this remains a hot topic in the U.S., there's no federal law mandating menstrual leave. Some states have introduced paid sick leave that could cover these situations, but it's far from a guaranteed right. The conversation is growing, though, with more employers voluntarily adopting policies to support their employees. ### Mandatory Commute Reimbursement (France) French employers must reimburse at least 50% of the cost of their employees' public transport season tickets for the home-to-work commute. This covers all staff, including part-timers and trainees. In the U.S., commuting costs are almost entirely on the employee. With rising gas prices and public transit fares, this can add up to thousands of dollars a year. Some U.S. cities offer commuter benefits, like pre-tax transit deductions, but these are voluntary programs that employers can choose to offer. It's a far cry from the mandatory reimbursement seen in France and other countries. ### No Interview 'Ghosting' (Canada) In Ontario, Canada, recent law provisions have made it illegal for employers to 'ghost' candidates who have applied for a role. Companies with over 25 employees must notify candidates within 45 days of their interview, informing them whether they were successful. Employers who fail to respond could face fines of up to CA$100,000 (around $74,000 USD). Anyone who has job hunted in the U.S. knows the frustration of being left in the dark after an interview. While some states have introduced "ban the box" laws and other hiring protections, none have addressed the issue of ghosting. It's a common complaint among job seekers, and it's a simple fix that would improve the candidate experience significantly. ### Board-Level Employee Representation (Germany) German law requires large companies with over 2,000 employees to give workers half of the seats on their supervisory board. Companies with 500-2,000 employees must reserve one-third of the available seats. This ensures that members of the workforce have a representative voice in all top-level business discussions. The U.S. has nothing comparable. While some companies voluntarily include employee representatives on their boards, it's rare and not mandated by law. This means that in most American corporations, workers have little to no say in major strategic decisions that affect their livelihoods. ### The Right to Request Reduced Hours (Netherlands) In the Netherlands, the Dutch Flexible Working Act allows employees at firms with more than 10 staff to request fewer hours, a different working pattern, or a change in their schedule. Employers must seriously consider these requests and can only refuse them for legitimate business reasons. In the U.S., flexible working arrangements are often seen as a perk rather than a right. While the pandemic normalized remote work, there's no legal framework that requires employers to consider reduced hours or flexible schedules. This can be particularly challenging for parents, caregivers, and those with health conditions. ### What This Means for the U.S. Workforce Looking at this global picture, it's clear that the U.S. lags behind in several key areas of worker protection. While we have strong anti-discrimination laws and overtime pay requirements, we're missing out on some of the more progressive, human-centered policies that other countries have embraced. The conversation around worker rights is evolving, and it's likely that some of these ideas will gain traction in the U.S. over the coming years. For now, though, it's worth knowing what's possible—and what we might be missing out on.