Under French employment law, the application of TUPE regulations triggers specific consequences not only with regard to an employee’s employment contract, which is transferred automatically by operation of law, but also on the employees’ collective status.
In this respect, a recent decision of the French Supreme Court has specified what happens to a company’s internal
The UK Government has now published the White Paper on the future immigration system for the UK after it leaves the EU. It has confirmed, following many of the recommendations by the Migration Advisory Committee (MAC), that it will adopt a new single skills-based immigration system from 1 January 2021. The new system
The Ontario government has delayed the coming into force of the Pay Transparency Act (the Act) from January 1, 2019 to “a day to be named by proclamation of the Lieutenant Governor”. The change comes as part of Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, which received royal assent on December
Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (the “Bill”), received Royal Assent on December 13, 2018. As noted in our previous publications on the Bill’s amendments to the Canada Labour Code (the “Code”) and the introduction of the
Le projet de loi C‑86, la Loi no 2 portant exécution de certaines dispositions du budget déposé au Parlement le 27 février 2018 et mettant en œuvre d’autres mesures (« projet de loi »), a reçu la sanction royale le 13 décembre 2018. Comme il a été mentionné dans nos publications précédentes sur les
Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore.
The single most
Fixed term contracts of employment are becoming a common practice in the workplace. A fixed term contract is typically entered into for a specific duration (defined by time) or purpose (for a particular project) and would ordinarily expire either with the effluxion of the agreed time or upon the purpose for which it had been
As part of the Commission’s four-yearly review of modern awards[1], the Full Bench of the Fair Work Commission (FWC) recently handed down a number of decisions[2] which have the effect of inserting a model casual conversion clause (Model Clause) into 84 Modern Awards[3] from 1 October 2018. This provides “regular casual” employees the right to request to convert their employment to permanent full-time or part-time.
The other 28 Modern Awards that already contain a casual conversion clause prior to 1 October 2018 will remain unchanged.
Who can request for casual conversion?
The Model Clause provides a framework under which employees are entitled to request to convert their employment from casual to either permanent part-time or full-time, in certain circumstances.
The entitlement arises if the employee is a “regular casual employee” within the definition provided in the Model Clause. This requires the employee to have, in the preceding 12 months, worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of the Modern Award.
When can an employer refuse the request?
In the event that an employee is a “regular casual” employee for the purpose of the Model Clause, the employee is not provided with an automatic right to be converted to permanent full-time or part-time employment. The Model Clause allows employers to refuse a request on “reasonable grounds”, including any of the following:
For any ground of refusal to be reasonable, the employer must base the reason on facts which are known or reasonably foreseeable at the time the decision is made.
Track cyclist Jess Varnish brought a claim of sex discrimination against British Cycling and UK Sport last year, following her removal from the Great Britain Olympic team just months before the 2016 Rio Games.
In the UK, protection from discrimination in the workplace is governed by the Equality Act 2010 (the Act). However, in order
The term « gig economy » has come into use to describe segmented jobs governed by “apps”. Drivers, riders, cleaners rely on a “digital platform” to be put in contact with clients and their jobs do not seem to fall precisely within the parameters of laws designed to deal with the traditional subordination relationship of