Will COVID-19 vaccinations become mandatory for employees in Italy?

Italy’s COVID-19 vaccination programme is underway, with health care workers and staff in care facilities at the front of the queue. According to a recent report published by the Health Ministry, more than 1 million people received the inoculation in the first two weeks of the nationwide vaccination campaign. This makes Italy one of the fastest-vaccinating countries in the European Union, but the roll out is still not going as quickly as hoped. The current supply of the vaccine is sufficient only to inoculate a small minority of eligible people in Italy and a definitive plan for effective and efficient … Continue Reading

UK: The end of the Brexit implementation period – implications for pensions

At 11pm on December 31, 2020, the Brexit implementation period ended and the last-minute trade deal agreed by UK and EU negotiators took effect through the EU-UK Trade and Cooperation Agreement (TCA).  What does this mean for UK pensions and what steps should employers and trustees be taking?

What is the impact on UK pensions law?

UK pensions law remains basically unchanged following the end of the implementation period and the TCA coming into force.  It is not expected to change significantly in the short term.

For example, any trustees or employers hoping this may spell the end to the … Continue Reading

The EU- UK Trade and Cooperation Agreement – implications for employment and immigration

On 31 December the UK parliament implemented the European Union (Future Relationship) Act 2020. This makes provision to implement into UK law the three main future relationship agreements with the EU including the EU Trade and Cooperation Agreement (TCA). What does the TCA mean for employment and immigration law?

Employment

A significant portion of UK employment law is derived from and grounded in EU law. Under the EU Withdrawal Agreement all EU employment legislation which had effect on 31 December 2020 is adopted into UK law and so workers’ rights which existed prior to the end of the implementation period … Continue Reading

L’accord national interprofessionnel du 26 novembre 2020 : « soft law » à la française

Le télétravail s’est largement développé en France au fil des années, et naturellement, ce mode de travail a été particulièrement utilisé, bon gré mal gré, par les entreprises au cours de l’année 2020, à la faveur de la crise sanitaire, et des recommandations (plus ou moins liantes) du Gouvernement.

Les bases du télétravail ont été posées par un accord national interprofessionnel signé par les partenaires sociaux en 2005 (étendu en 2006), dont certaines dispositions ont été transposées par une loi du 22 mars 2012 dans le Code du travail. Ces règles ont eu pour objet de créer un véritable statut … Continue Reading

Can French employers require their employees to get the Covid-19 vaccine?

Further to the approval by EU authorities of the vaccine developed by BioNTech and Pfizer, and further to the recommendations of the French Health authorities on the vaccination programme, the French vaccine campaign against Covid-19 was launched yesterday, at the same time as in all EU countries.

In France, the Government established a specific strategy regarding the vaccine campaign. This includes targeting the most vulnerable and exposed persons first, and progressively extending the Covid-19 vaccine to the rest of the population.

French employers are now asking whether they can insist that employees are vaccinated before returning to the workplace. However, … Continue Reading

Rupture conventionnelle : les pièges à éviter

La rupture conventionnelle a connu un grand succès tout au long de ces dernières années.

Il est vrai qu’elle allie facilité d’utilisation tout en assurant une sécurité juridique et financière au salarié qui souhaite quitter son emploi.

La rupture conventionnelle consiste en une rupture amiable du contrat entre le salarié et son employeur tout en permettant au salarié de bénéficier d’une indemnité de départ et de l’assurance chômage.

La procédure est relativement simple. Il convient d’organiser un ou plusieurs entretiens de négociation entre l’employeur et le salarié, de compléter et signer le formulaire fourni par l’administration, d’envoyer le formulaire à … Continue Reading

Government consultation on reform of post-termination non-compete clauses in employment

On 4 December 2020, the UK Government launched a consultation on reforming post-termination non-compete clauses in employment contracts. The consultation seeks views on proposals to require employers to pay employees for the period of the restriction; requiring employers to provide additional transparency by providing in writing the exact terms of the non-compete clause before their employment commence; introducing a statutory limit on the length of non-compete clauses; or, alternatively prohibiting the use of such clauses altogether.

Post termination restrictions or restrictive covenants are often included in employment contracts. Non-compete clauses are one type of restriction, which limits an employee’s ability … Continue Reading

The Financial compensation for a non-compete provision can be invalid if too high says the French Supreme Court!

In France, the rules governing post-termination, non-compete and/or non-solicitation clauses in employment contracts have been established through case law. Restrictive covenants in an employment contract are only considered enforceable by French courts if they meet the following criteria (which are cumulative) :

– They do not extend beyond what is reasonably necessary to protect the legitimate interest of the employer;

– they are limited in terms of activity, geographical area and duration and the extent of the restrictions should be adapted appropriately to reflect the specific employee’s status and duties;

– they comply with any applicable sector-wide collective bargaining agreement; … Continue Reading

Can employers require their employees to get the Covid-19 vaccine?

With the announcement that one of the Covid-19 vaccines has received approval from the UK regulator, employers are now asking whether they can insist that employees are vaccinated before returning to the workplace. There are clearly legal and moral issues that need to be considered.

Firstly, the anticipated Covid-19 vaccination programme in the UK will not be made mandatory as the UK government does not have legal power to do this, alongside the challenges and human rights concerns this would raise in any event. The UK Government has the power to prevent, control or mitigate the spread of an infection … Continue Reading

Workpac granted leave to appeal Rossato judgment

On 26 November 2020, the High Court granted a special leave application made by labour hire company Workpac to appeal the Full Federal Court’s finding in the matter of Workpac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato) which was handed down earlier this year. In Rossato, the Court held that a casual employee engaged on a regular, systemic and predictable basis was entitled to leave entitlements, plus payment for public holidays, as set out in the National Employment Standards (NES) of the Fair Work Act 2009 (Cth) and, controversially, that Workpac was not entitled … Continue Reading

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