Étiez-vous informés des modifications récentes à la Loi sur l’assurance parentale et à La loi sur les normes du travail (LNT) concernant les congés de maternité, de paternité et parental? Les employeurs devront revoir leur politique d’entreprise et/ou convention collective pour tenir compte de ces changements. Ces lois ont été récemment modifiées par le projet … Continue reading
In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced … Continue reading
In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced … Continue reading
An employer cannot replace an increase of salary due to an employee returning from maternity leave by the payment of an exceptional bonus. For the first time, the French Supreme Court has issued a ruling concerning the nature of the salary increase due to an employee returning from maternity leave, as required by article L.1225-26 … Continue reading
Under German law, an employer can only suspend an employee in certain cases. One of the core obligations of the employment relationship is an obligation on the employer to provide the employee with relevant work to be performed. If it fails to do so without justification, it must nevertheless continue to pay the employee. Notwithstanding … Continue reading
This post was also contributed by Tony Rau, Trainee, Norton Rose Fulbright LLP (Munich). German law provides for extensive protection of pregnant employees and employees on leave in connection with pregnancy. Regarding the latter, German law distinguishes between maternity leave (i.e. 6 weeks before until 8 weeks after childbirth – or 6 weeks before until … Continue reading
Under South African Labour Law, employees who are pregnant or on maternity leave enjoy extensive protection from discriminatory conduct and dismissal if such discrimination or dismissal is directly or indirectly based on their pregnancy. In terms of section 187(1)(e) of the Labour Relations Act, 1995 (LRA), any dismissal based on pregnancy is an automatically unfair … Continue reading
As is the case in many other countries (particularly countries in the European Union, which are covered by EU Directive 92/85/CEE dated 19 October 1992), France has implemented a full set of rules with the goal of protecting pregnant employees or employees on maternity leave against illegitimate termination of their employment contract. These protections also … Continue reading
It is not unlawful in itself to make an employee redundant who is pregnant or on maternity leave. This means that, subject to the special protection enjoyed in respect of alternative employment referred to below, the fairness and lawfulness of the redundancy dismissal will be determined in the same way as other redundancy dismissals. So, … Continue reading
Just for once, we will talk about French lawyers. We say “for once”, because only a minority of lawyers in France are employees (a very large majority of us are self-employed). From a French employment law point of view, although the employee in the particular case we will discuss here was a lawyer, that is … Continue reading
A significant amount of new employment legislation is expected or is already in place for 2017. Key changes will be in the hiring of temporary workers through an agency (referred to as “personnel leasing” in Germany), employee protection and equal treatment. Reform of laws regarding personnel leasing One of the main developments in 2017 will … Continue reading
This post was also contributed by Dimitri Schaff, Trainee, Norton Rose Fulbright LLP (Munich). Currently, about one quarter of all employment relationships in Germany are based on part-time models, the proportion of part-time to full-time employees having increased by about 12 per cent since 2001. Furthermore, as a result of the implementation of the EU Part-time Workers … Continue reading
Unlike in the U.K. and other EU member states, zero hours contracts are not (yet) common practice in Germany. To date, other arrangements aimed at achieving “flexible working” such as fixed-term or part-time contracts, secondment of personnel and – more recently – contracts to provide services have been more widespread. However, as German case law … Continue reading
This post was also contributed by Ebru Tirel, Trainee, Norton Rose Fulbright LLP (Munich). In Germany, “Equal Pay Day” is widely observed. It marks the day from which women are deemed to start to earn wages in that calendar year, where men have started to earn wages since January 1st. This year, Equal Pay Day was … Continue reading
Tech industry giants Netflix and Microsoft this week have announced new generous and flexible parental leave policies as an incentive to attract and retain skilled employees in a highly competitive industry. Earlier this week, Netflix introduced an “unlimited” leave policy for new parents to take as much time as they want – with pay — … Continue reading
Das Bundesarbeitsgericht änderte mit Urteil vom 19.05.2015 seine Rechtsprechung zur Kürzung von Urlaubsansprüchen, die während einer Elternzeit entstehen. Grundsätzlich entsteht auch während einer Elternzeit eines Arbeitnehmers ein Urlaubsanspruch. Endet das Arbeitsverhältnis nach Ablauf der Elternzeit, steht dem Arbeitnehmer ein Abgeltungsanspruch für den nicht genommenen Urlaub in Geld zu. Das bedeutet beispielsweise, dass der Arbeitnehmer, der … Continue reading
On March 27, 2015, employers must provide FMLA benefits to same-sex couples who are legally married regardless of whether the employee lives in a state that recognizes same-sex marriage. What is the FMLA? The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. More specifically, eligible employees may take … Continue reading
A potential change is on the horizon for United States pregnancy discrimination law. In the past decade, pregnancy discrimination charges have increased by 35 percent. See Pregnancy Discrimination Charges, US Equal Opportunity Comm’n. Recently, the EEOC’s General Counsel stated that pregnancy discrimination was one the “areas” in which employers “need[ed] to remind themselves of the law, … Continue reading
In Quebec, time devoted to paid work has considerably increased over the years. Moreover, the number of single-parent families and households where both spouses work is growing. Consequently, we are left with an increasing imbalance between work and family obligations. Quebec is no exception to this rule. Indeed, the Bureau de Normalisation du Québec (BNQ) … Continue reading
The legal context French employment law provides for comprehensive and extensive protection of pregnant employees. In particular, the dismissal of employees is absolutely prohibited during maternity leave; and is prohibited during pregnancy or for employees having just returned to work following maternity leave (within four weeks following the end of maternity leave) except in case … Continue reading
The Dutch government recently decided to extend paternity leave arrangements for fathers. This gives the father the opportunity to spend a full working week with his child, which (according to a study by the OECD) would increase his involvement in the raising and care of the child. It is important for employers to be prepared … Continue reading
Last month I posted an article on the changes to parental rights planned in the UK which will apply to children due on or after 5 April 2015. The UK employment team carried out a survey in January and February this year on the impact of the new legislation on UK businesses. Responses were received … Continue reading
At the end of last year we summarised the current statutory rights of parents to family leave in the UK. These are due to change within the next year. The UK Government’s aims are to give parents greater flexibility and choice as to how they take leave on the birth of their child, to remove … Continue reading
The Canada Labour Code, which applies only to employees who work under a federal jurisdiction, sets out a variety of leaves that allow employees to meet their family related obligations. In order to be eligible, an employee must complete six months of consecutive employment with the same employer before the leave begins. These leaves are … Continue reading