Topic: Contracts

Le temps de trajet des salariés itinérants n’est (définitivement) pas du temps de travail effectif

La détermination du temps de travail effectif des salariés est un sujet complexe, et l’enjeu est considérable pour les salariés dans la mesure où ce temps de travail effectif a un impact direct sur leur rémunération. C’est encore plus vrai pour les salariés itinérants, dont les fonctions impliquent des temps de trajet importants (notamment entre … Continue reading

Appointing Contractors through a personal service company – employment and tax implications

By Amanda Sanders (UK) on June 26, 2018 Posted in Contracts, UK

Following on from the recent cases on employment status there has been much discussion regarding how individuals should be appointed. Whilst some commentary has suggested that companies should consider appointing their contractors through Personal Service Companies (PSC’s), is this an ideal solution? Currently, where a private sector employer appoints a contractor who operates through a … Continue reading

Visual contracts: Re-imagining the employment contract

By Jason Noakes on May 6, 2018 Posted in Asia Pacific, Australia, Contracts

We had the pleasure of assisting global engineering and infrastructure advisory company Aurecon become the first employer to launch a visual employment contract across its workforce in Australia. The brief? To assist in re-imagining the standard written employment contract into an interactive and vibrant agreement, which governs the employment relationship and embodies the culture and … Continue reading

Freedom to tweet – no power to terminate public servant for anonymous political communication

By Helene Lee on April 27, 2018 Posted in Asia Pacific, Australia, Contracts

The AAT has found that the termination of employment of a former public servant who tweeted anonymously trespassed on the implied freedom of political communication and was therefore unlawful, in a decision which examined the scope and application of the Public Service Act 1999 (Cth) (PSA) in the context of reviewing a denied workers compensation … Continue reading

You can’t escape award coverage with a fancy job title and a big salary

By Shannon Walker on April 18, 2018 Posted in Asia Pacific, Australia, Contracts

In our experience, many employers are under the false impression that, if they put an employee on a ‘common law contract’ and give them a fancy job title, they will be award-free, particularly if they are paid well above the award rates. The recent case of Karen Muscat v Chase Commercial Pty Limited [2018] FWC … Continue reading

“Casual” employee awarded 15 years of annual leave

By Global Workplace Insider Team on February 23, 2018 Posted in Asia Pacific, Australia, Contracts

The recent case of Apostolides v Mantina Earthmovers & Constructions Pty Ltd [2018] FCCA 279 serves as a useful reminder to ensure that your organisation’s award or agreement covered casual employees are “engaged and paid as such”. In this case the Federal Circuit Court determined that an employee whom the employer purported was a casual … Continue reading

Norton Rose Fulbright’s online guide to global employment law is now available

By Sally Woodward and Joanna MacKenzie on February 15, 2018 Posted in Asia Pacific, Contracts, Data privacy and GDPR, Europe, Latin America, Middle East, North America, South Africa, Uncategorized, United States, Whistleblowing

More and more organisations are growing their global footprint and need to move their people around the world. In this global environment, it is essential to know, understand and comply with employment and labour laws in place across all of the jurisdictions in which organisations engage people. This will help to protect business from unnecessary … Continue reading

The UK Government’s Good Work Plan

By Claire Darbourne (UK) on February 7, 2018 Posted in Contracts, Europe, UK

(Note: Since drafting this post, the Government has published the consultation documents so a further update will follow.) The UK Government has today (7 February) announced its Good Work Plan (the Plan) in response to the Taylor review of Modern Working Practices published last year which set out a number of recommendations, in particular … Continue reading

Un salarié protégé peut-il contester la rupture conventionnelle homologuée dont il a fait l’objet devant le juge judiciaire ?

By Elodie Grangier on January 30, 2018 Posted in Contracts, Discrimination and harassment, Europe, France

Les salariés protégés (représentants du personnel, délégués ou représentants syndicaux, salariés mandatés, etc.) bénéficient d’un statut particulier, eu égard à leur rôle dans l’entreprise. A ce titre, toute modification, et a fortiori, rupture de leur contrat de travail doit être autorisée par l’inspection du travail. La conclusion d’une rupture conventionnelle homologuée, quand bien même il … Continue reading

Recent developments in French employment law regarding financial institutions: How the French Government wants to enhance Paris’ attractiveness as a global financial place

By Elodie Grangier on January 23, 2018 Posted in Contracts, Europe, France

Apart from certain provisions which may be tailored to the relevant situations negotiated by companies or sectors of business through collective agreements (subject to compliance with a number of basic rules and principles), French employment law does not include any specificities in relation to certain sectors of business. In particular, financial institutions are subject to … Continue reading

What rights does an employer have to suspend an employee in France?

By Elodie Grangier and François Guillon on December 5, 2017 Posted in Contracts, Europe, France

Under French labour law, there are limited circumstances under which employers may suspend employees. One of the main obligations imposed on employers is to provide employees with work to be performed (and obviously to pay them in consideration for their work). Breach of this requirement may be considered as a ground for breach of contract, … Continue reading

French employment code reform: Focus on economic dismissals

By Elodie Grangier and François Guillon on November 6, 2017 Posted in Contracts, Europe, France

French President Emmanuel Macron has signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were immediately published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in labour-management relations. Several provisions of this ambitious reform (the … Continue reading

Where should an employment dispute be litigated when an employer’s business and an employee’s residence are located in different jurisdictions?

By Joseph Palmieri (Toronto) on November 1, 2017 Posted in Canada, Contracts, North America

Where an employer hires an employee who resides in a different jurisdiction, the jurisdiction in which an employment dispute is litigated depends largely on where the employer carries on business. In Koutros v. Persico USA, 2017 ONSC 3001, the employer, Persico USA Inc. (“Persico”) terminated the employment of Savvas Koutros, who was a General Manager … Continue reading

French employment code reform: Focus on dismissal procedure and indemnity

By Elodie Grangier and François Guillon on October 30, 2017 Posted in Contracts, Europe, France

French President Emmanuel Macron has signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in managing labour relations. Several provisions of this ambitious reform (the … Continue reading

French employment code reform: Focus on homeworking

By Elodie Grangier and François Guillon on October 23, 2017 Posted in Contracts, Europe, France

Beware of repudiating the employment contract of an employee who intends to jump ship and join your competitor

By Shannon Walker on October 16, 2017 Posted in Asia Pacific, Australia, Contracts

Your employee resigns to join your arch rival. You’re not worried because you know you have ‘water tight’ post-employment restraints in the contract of employment. But, if in reacting to the employee’s untimely resignation, you breach the contract and this breach amounts to a repudiation of the contract, then your restraints will be unenforceable. This … Continue reading

Use of social media in France: Employee’s rights and obligations

By Elodie Grangier and François Guillon on October 2, 2017 Posted in Contracts, Data privacy and GDPR, Europe, France

The impact of the use of social media in the workplace has regularly given rise to controversies and debates as how this subject is to be handled by a company’s management. The current state of employment law is still not entirely settled in this respect. It is however possible to provide some guidance on the … Continue reading

Significant changes to French employment code to enter into force no later than January 1st, 2018

By Elodie Grangier on October 2, 2017 Posted in Contracts, Europe, France

Restrictive covenants in UK contracts of employment

By Amanda Sanders (UK) on September 29, 2017 Posted in Contracts, UK

In the UK, a post termination restrictive covenant will be void for being in restraint of trade unless the employer has a legitimate business interest to protect and the protection sought is no more than is reasonable to protect that interest. The interests which can be protected are clients, staff, and confidential information. One type … Continue reading

Record number of mutual termination agreements signed in France

By Elodie Grangier and François Guillon on August 18, 2017 Posted in Contracts, Europe, France

According to the data published by the French labour administration, mutual termination agreements (ruptures conventionnelles) have never been so popular. Indeed, in June 2017, more than 35,700 mutual terminations agreements have been validated by the French labour Administration. But why are mutual termination agreements so popular? First, mutual termination agreements represent – for the employer and … Continue reading

The (latest) reform of the French employment code is ongoing

By Elodie Grangier and Camille Chabrolin on August 11, 2017 Posted in Contracts, Europe, France

As part of candidate Emmanuel Macron’s program during the Presidential elections campaign, a substantial reform of the French employment Code was promised. After his election as President, French commentators anticipated new changes would be implemented quickly, given Emmanuel Macron’s indications that he wished to go ahead as soon as possible, without too much debate before … Continue reading

ContractorCheck Canada App

By Patrick Galizia and Philippe Bélisle on July 14, 2017 Posted in Canada, Contracts

Employee or contractor? The ContractorCheck Canada application (App) is a practical tool developed by the Norton Rose Fulbright employment and labour team. It is designed to help employers accurately determine the status of their workforces and whether they should be considered contractors or employees. Defining employees versus contractors can be sometimes challenging; improperly classifying them … Continue reading

Modern Workplaces – Wide ranging recommendations in the Taylor Report

By Amanda Sanders (UK) on July 14, 2017 Posted in Contracts, Europe, UK

The long awaited Taylor Review of Modern Working Practices was published on 11 July. The recommendations from the review throw some interesting questions into the mix. The general theme is the need for an adaptable, consistent and protected community in which employment and security of workers can prosper. It will be interesting to see how … Continue reading

Le devoir de vigilance : une obligation renforcée

By Elodie Grangier on April 3, 2017 Posted in Contracts, Europe, France

L’obligation de vigilance est une obligation faite aux entreprises de prévenir les risques sociaux, environnementaux et de gouvernance lié à leurs activités. La loi du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre, publiée le 28 mars 2017 au Journal Officiel, renforce l’obligation de vigilance. Le devoir … Continue reading