Employees’ working time is a hot topic in France, the 35 hour week being the centre piece of working time regulations in France. Although the 35 hour week has been repeatedly criticized over the years, it has remained mostly unchanged. French law also includes more specific and complex provisions for various categories of employees.
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The government’s new School Boards Collective Bargaining Act, which passed last year, has become the subject of controversy. Secondary school teachers across Ontario have been on strike for multiple weeks keeping approximately 70,000 students out of the classroom.
The three school boards have taken this issue of these local strike’s legality to the Ontario
We have previously written about the benefits of the Positive Investigation Methodology and the need to shift the safety investigation focus from a traditional accident causation analysis to the proactive consideration of near misses in the workplace.
The importance of considering and acting on near miss incidents was recently highlighted in the decision of Russell
Under the German Act on Working Time (Arbeitszeitgesetz), an employee’s working time is limited to a maximum of eight hours per working day and 48-hours per week. This 48 hours threshold applies to all employees working a five or six day week. However, most employees in Germany work five days and 40
The release of a controversial “middle finger” emoji character could spell legal trouble for users in the United Arab Emirates.
It has been reported that Microsoft’s Windows 10 operating system will be the first major software release to include the emoji officially known as “Reversed Hand With Middle Finger Extended.” Emoji are the standardised set
Before going into the substance of my post, I wanted to introduce myself to the readership. I started at Norton Rose Fulbright in 2008 in Montreal and practiced as an associate until 2012. I left to lead the Employee Relations team for a major retailer in Canada and recently returned to the practice. I’m excited
The Working Time Regulations 1998 (the Regulations) implemented the requirements of the 1993 EC Working Time Directive. Before the Regulations came into force, the hours of work undertaken by employees were largely unregulated in the UK. For the first time, the Regulations introduced restrictions on the number of hours worked by employees and workers together
A Full Bench of the Fair Work Commission has ruled that provisions dealing with the transfer of employment and service for annual leave purposes which are contained in 11 Australian modern awards must be amended because the provisions are inconsistent with the National Employment Standards (NES) contained in the Fair Work Act 2009.
The decision was handed down as part of the Full Bench’s review of modern award terms which are inconsistent with the NES, as part of the Commission’s 4 yearly modern award review process.
Generally, where there is a “transfer of business” between two companies (that is, a transfer of employees in association with, for example, a transfer of assets or an outsourcing), the period of service of the employees with the old employer will be deemed by the Fair Work Act to count as service with the new employer.
However, section 91 of the Fair Work Act (which forms part of the NES) provides that the new employer may decide not to recognise service for the purpose of annual leave entitlements – that is, choose not to accept the employees’ accrued annual leave balances – provided that the old employer and new employer are non-associated companies.
The 2015 Budget proposed changes to Paid Parental Leave Act that would stop parents claiming paid parental leave (PPL) from both their employer and from the Federal Government. Described in an interview on 10 May 2015 by The Honourable Joe Hockey MP as designed to avoid “double dipping”, the changes are intended to represent $1 billion in Budget savings and will affect both private and public sector employees.
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