Topic: Europe

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Generalanwalt am EuGH fordert allgemeine Arbeitszeiterfassung

Nach den Schlussanträgen des Generalanwalts am Europäischen Gerichtshof (EuGH) sollen Unternehmen künftig verpflichtet sein, ein System zur Erfassung der täglichen Arbeitszeit ihrer Mitarbeiter einzuführen (Schlussanträge v. 31.01.2019, Az. C-55/18). Die dabei gemeinte Arbeitszeit umfasst den Zeitraum der tatsächlichen Verrichtung der Arbeitsleistung ohne Ruhepausen. Schon jetzt müssen Unternehmen aufgrund des Arbeitszeitgesetzes jede Arbeitszeit erfassen, die die … Continue reading

The beginning of a revolution (by the French lower courts) ?

French President Emmanuel Macron implemented a significant reform of the French employment code in late 2017, with the intention of providing employers greater flexibility and predictability in managing labour relations. One of the most controversial measures was the creation of a grid applicable to the amount of indemnities due to employees for unfair dismissal, setting … Continue reading

More uncertainty follows the Italian Constitutional Court’s partial repeal of the Jobs Act

Thanks to the passage of the Dignity Decree by the Italian Parliament last summer and the recent decision of Italy’s Constitutional Court, the employment law regime in Italy has changed direction. The problem is that the direction it has taken is uncertain, creating concern both for employers and employees. The current situation is that parts … Continue reading

What happens a firm’s internal regulations following a TUPE transfer ?

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 … Continue reading

The immigration white paper – what will it mean for the UK’s future immigration system?

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 will put … Continue reading

Claim by track cyclist Jess Varnish to be heard in the employment tribunal next week

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 … Continue reading

Decision of the French Supreme Court of 28th November 2018 : Does it spell the doom of the gig economy?

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 employee to … Continue reading

Employees on Long term sickness – when can an employer dismiss?

The Employment Appeal Tribunal (EAT) has recently confirmed that employers should take care when dismissing an employee who is entitled to participate in a permanent health insurance (PHI) scheme and is absent from work by reason of long term ill health. It held that there is an implied term that an employer will not dismiss … Continue reading

Do managers typically think of personal liability when making decisions to dismiss? They perhaps should

Directors and senior managers and their employers should consider the recent Court of Appeal decision in the Osipov whistleblowing case very carefully. Briefly, by way of scene-setting, Osipov had made a series of protected disclosures and he was ultimately dismissed as CEO of the employer company pursuant to a decision of two non-executive directors (NEDS) … Continue reading

Vicarious liability in the data breach context – bad news for UK employers

The Court of Appeal has upheld a decision of the High Court holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable … Continue reading

Employee rights on bereavement

In the UK, compassionate leave for employees in the event of bereavement has until now been dealt with by way of employment policies. There have been no specific legal rights on bereavement, whether in relation to the death of a family member or anyone else close to the employee. Any rights which they have to … Continue reading

Dismissal for misconduct cannot be based (solely) on anonymous reports

Anonymous reports have been mistrusted for a number of years in France, for historical reasons. While anonymity enables individuals to raise their voice more openly, without being the targets of retaliation measures, it can also drift into slander. This explains a specificity of French law under which whistleblowers using ethicals lines are strongly encouraged to … Continue reading

The dangerous combination of the right to disconnect and the concept of on call-duty

French law implemented in 2017 the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours. The purpose of this legislation is to protect the employees’ work-life balance and their right to rest periods. The law did not provide details of how employers should implement the … Continue reading

Stärkere Kontrollen bei Dienstreisen erwartet: Erfordernis von A1-Bescheinigungen

Mit einer Entscheidung vom 6. September 2018 stärkte der EuGH (C-527/16) die Bedeutung der sozialversicherungsrechtlichen A1-Bescheinigung. Zur Vermeidung doppelter Sozialversicherungsbeiträge in zwei verschiedenen EU-Staaten bescheinigt dieses Entsendeformular, welches Sozialsystem für einen Versicherten zuständig ist. Die A1-Bescheinigung ist selbst bei sehr kurzen Dienstreisen ins Ausland erforderlich und zwar sowohl für Arbeitnehmer als auch für Selbstständige. Der … Continue reading

Can a dismissal letter be signed by an individual belonging to a holding entity?

Dismissal procedures are highly regulated in France including with respect to the identity of the individual who is entitled to conduct the procedure and sign the dismissal letter; such person must -by definition- be the “employer” .  However, some flexibility has been introduced over the years by French case law, and a recent decision of … Continue reading

Corporate Governance Reform – new disclosure requirements

Following on from it proposals for reform, which we reported on at the end of last year (Corporate Governance Proposals), the UK Government has now published draft regulations, (the draft Companies (Miscellaneous Reporting) Regulations 2018). The Draft Regulations will implement some of the proposals, in particular in relation to holding larger companies to account for … Continue reading

Legal update: Minimum protection for Gig Economy workers in Italy and in the international context

The need to update existing labour laws in light of the rapid changes introduced by the digital economy is one of principal issues under the “new ways of working” debate and has made the  headlines in many Italian papers, including the leading daily, Il Sole24Ore.  We need to use the legal tools that are available … Continue reading

Regulation applicable to dress codes in the workplace in France

An individual freedom… Generally speaking, employees are free to choose how they wish to dress, including in the workplace. Such freedom is protected by the rules of the French labor code, which provide that an employer may not restrict an employee’s work clothing without proper justification based on the nature of the tasks to be … Continue reading
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