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
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
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
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
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
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
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
(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
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
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
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 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 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 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 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
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
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
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 – … Continue reading
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
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
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
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
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
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