In the UK, a zero hours worker is a casual worker engaged on a zero hours contract. A zero hours contract is defined in UK legislation as a contract of employment or other worker’s contract under which a worker undertakes to perform work conditionally on the employer making such work available, but there is no
What rights and protections are there for workers on zero hours contracts in Germany?
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
Liberal Government Preserves Favourable Treatment of Stock Options
At the outset of any business endeavour, generating funding and determining how to compensate employees often go hand in hand. There are generally three options available to compensate employees and attract investors: stock options, profit sharing, and debt financing. A stock option is a right to buy a share at a particular price on specific
Testing the limits of reasonableness: Alberta Court quashes arbitration decision on random drug testing.
In the recent decision of Suncor Energy Inc v Unifor Local 707A, 2016 ABQB 269 [Suncor] the Court of Queen’s Bench found that an arbitration board’s decision was unreasonable and sent it back for rehearing by a fresh panel.
The decision stems from the implementation of a random drug and alcohol testing policy
Ontario Divisional Court Clarifies the Meaning of a Probationary Period
What is the meaning of a “probationary” period for an employee? This is the question the Ontario Divisional Court wrestled with in the recent case of Nagribianko v. Select Wine Merchants. The facts of the case are fairly straightforward. Upon agreeing to work for the defendant, the plaintiff agreed to an employment contract that
Fixed costs for fixed-term contracts
What happens when an employer terminates an employee on a fixed-term contract? The Ontario Court of Appeal in Howard v Benson Group Inc. recently weighed in on the issue. The Court held that the employee was entitled to an amount equal to his salary and benefits for the unexpired term of the employment contract
Is it possible for employers to change the terms of employment contracts?
At first sight, the answer to this question would be: only by mutual agreement. But once you take a closer look there are many ways and situations that make it possible for an employer to unilaterally change the contractual terms.
- Collective bargaining agreements (CBAs) are binding for members of those employers’ associations (firms) and labour
Variation of employment contracts
This article was written by Lee Crisp , an Associate Designate at Norton Rose Fulbright South Africa
Under the common law, employers are not entitled to unilaterally vary the terms of an employee’s employment contract. If terms and conditions are unilaterally varied, the employee has an election to resile from the contract or to sue
Is it possible for employers to change the terms of employment contracts in France?
Under French law, the ability of an employer to alter the terms and conditions of employment of its employees is very restricted. It is generally necessary for the employer to obtain the consent of the employee if it wishes to implement a change in his/her terms and conditions of employment. The principle and procedure applicable
Is it possible for employers to change the terms of employment contracts?
One wonders until what point the ability of the employer to subordinate an employee gives him the faculty to unilaterally amend the employment conditions.
According to Colombian legislation, employers could change unilaterally the terms and conditions agreed with its employees based upon its subordination faculty. However, such change shall obey to reasonable situations that in