Topic: Europe

National Minimum Wage – “On Call”, “Sleep In” employees

The Court of Appeal has held that carers who carry out overnight “sleep-in” shifts are not entitled to be paid the National Minimum Wage (NMW) for the full duration of the shift, only when they are actually performing work. The UK National Minimum Wage Act 1998 creates the right for workers in the UK to … Continue reading

Regulation applicable to dress codes in the workplace in France

By François Guillon and Elodie Grangier on July 16, 2018 Posted in Europe, 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

Overtime and holiday pay – non-guaranteed and voluntary overtime

By Amanda Sanders on July 13, 2018 Posted in Contracts, Europe, UK

The Employment Appeal Tribunal (EAT) in the UK has recently considered whether voluntary as well as non-guaranteed overtime should be taken into account in calculating the amount of holiday pay. The question arose both under the terms and conditions of the claimants’ employment, but also pursuant to the EU Working Time Directive (No.2003/88) (WTD). The … Continue reading

Tort liability: other grounds for bringing actions against a parent company in French employment litigation

By Marie-Thérèse Eugénio on July 12, 2018 Posted in Europe, France

It is a fact of life in French employer-employee relations that employees have no hesitation in bringing actions against their employer, in particular following termination of an employment, and that litigation is therefore not just a virtual weapon. Not only do employees sue their employer but, where the employer is a part of a group … Continue reading

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

By Elodie Grangier on July 11, 2018 Posted in Contracts, Europe, France

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

“High heels and workplace dress codes” – the UK Government Equalities Office publishes guidance

By Claire Darbourne on June 27, 2018 Posted in Discrimination and harassment, Europe, UK

In December 2015, an agency worker arrived to work as a receptionist and was sent home without pay for failure to wear high heels in accordance with the agency’s dress code. The story attracted widespread media attention, and led to an enquiry by a House of Commons Committee whose report was published in January 2017. … Continue reading

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

By Amanda Sanders 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

Corporate Governance Reform – new disclosure requirements

By Amanda Sanders on June 22, 2018 Posted in UK, Uncategorized

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 … Continue reading

UK Supreme Court holds that plumber engaged by Pimlico Plumbers was a “worker” and not a self-employed contractor

By Claire Darbourne on June 19, 2018 Posted in Discrimination and harassment, Europe, UK

The Supreme Court has dismissed the latest appeal by Pimlico Plumbers Ltd (the Company) against the employment tribunal’s decision that one of its plumbers, Mr Smith, was a “worker” under the provisions of the Employment Rights Act 1996 (ERA) and the Working Time Regulations 1998 (WTR). The Supreme Court held that, on the facts of … Continue reading

BVerfG verwirft Drei-Jahres-Frist für sachgrundlose Befristungen nach Vorbeschäftigung

By Cornelia Marquardt on June 18, 2018 Posted in Europe, Germany

Einmal ist keineswegs kein Mal! Mit Beschluss vom 6. Juni 2018 (Az.: 1 BvL 7/14 und 1 BvR 1375/14), veröffentlicht am 13. Juni 2018, verwarf das BVerfG die bisherige Rechtsprechung des Bundesarbeitsgerichts (BAG) zu sachgrundlosen Befristungen und bestätigt die Verfassungsmässigkeit deren Beschränkung durch das Teilzeit- und Befristungsgesetz (TzBfG). Da rund 9% aller Arbeitsverhältnisse in Deutschland … Continue reading

Will employers soon be under an obligation to require their employees to take holiday?

By Cornelia Marquardt on June 14, 2018 Posted in Europe, Germany

Although pursuant to Sec. 7 para. 1 of the German Federal Leave Act (Bundesurlaubsgesetz) it is the employer‘s obligation to grant holidays, in practice this usually occurs only after the individual employee’s formal request for holiday leave. In the near future, the European Court of Justice (ECJ) must decide whether or not employers can – … Continue reading

RGPD : nouveau facteur de risque en droit social?

By Laure Joncour on June 14, 2018 Posted in Europe, France

Le règlement général sur la protection des données (« RGPD ») est entré en vigueur le 25 mai 2018. Il modifie la législation antérieure sur le traitement des données personnelles en supprimant notamment le principe de déclaration préalable à la CNIL. Cette déclaration est remplacée par une obligation pour l’entreprise de démontrer la conformité de ses systèmes … Continue reading

Can a claim for compensation for unused holidays be inherited following an employee’s death during employment?

By Cornelia Marquardt on June 14, 2018 Posted in Europe, Germany

Pursuant to Sec. 7 para. 4 of the German Federal Leave Act (Bundesurlaubsgesetz) payment in lieu of accrued but untaken holiday is only possible if it cannot be taken due to the termination of the employment. On termination of the employment, the holiday entitlement automatically transforms into an entitlement to compensation. In the event of … Continue reading

First-ever ‘Riders’ Statute’ signed in Bologna, giving food delivery company riders a set of minimum standards of protection

By Vincenzo Di Gennaro and Attilio Pavone on June 14, 2018 Posted in Italy

On 31 May 2018, at the City Hall of Bologna (the fourth most populous city in northern Italy), the city’s mayor, representatives of Italy’s three main workers unions (CGIL, CISL and UIL), and two food delivery companies active in Bologna (Sgnam and Mymenu) met and signed the “Paper of fundamental rights of the digital worker … Continue reading

Issues of employment status: pseudo self-employment and hidden personnel leasing in Germany

By Pia Popp on June 6, 2018 Posted in Europe, Germany

German labour law follows the “all or nothing” principle: Labour law regulations presume an existing employment relationship between employer and employee. If no such relationship exists, protective labour law regulations cannot be applied (with a few exceptions e.g. in the case of managing directors of a “GmbH” (limited company)). Assessing whether an employment relationship exists … Continue reading

Issues of employment status in France

By Marie-Thérèse Eugénio on June 4, 2018 Posted in Europe, France

France makes a distinction between those individuals with an employment status and independent workers. Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains … Continue reading

Employees’ freedom of speech on the Internet is not without boundaries

By Elodie Grangier on May 28, 2018 Posted in Europe, France

Books, hotels, restaurants, products: you can find reviews and rating websites for just about everything on the internet – even employers. However, employees posting internet reviews of their employer should be careful and measured in what they say, or risk being subjected to disciplinary measures – or even dismissal – if they abuse their freedom … Continue reading

Italian labour court hands down landmark decision on Foodora case with potentially far-reaching implications for any company active in Italy’s growing Gig economy

By Vincenzo Di Gennaro and Attilio Pavone on May 24, 2018 Posted in Europe, Italy

On May 7, 2018 the Labour Court of Turin handed down a landmark decision in a case brought by delivery bike drivers or couriers (“riders”) working for Foodora, an online food delivery company that offers meal delivery in 10 countries worldwide, including Italy. Amongst other things, the riders, each with a freelance work contract with … Continue reading

EAT holds that paying enhanced maternity pay, but only statutory shared parental pay, is capable of amounting to indirect sex discrimination

By Claire Darbourne on May 9, 2018 Posted in Discrimination and harassment, Europe, UK

In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced … Continue reading

Lack of probity may provide grounds for dismissal for serious misconduct

By Elodie Grangier and François Guillon on April 30, 2018 Posted in Europe, France

French employment courts generally subject alleged reasons for employee dismissal to close scrutiny, particularly where dismissals are based on a breach of the duty of loyalty or of probity. Such breaches only constitute valid grounds for dismissal if they are genuine and rely on objective facts and behaviour which are attributable to the employee concerned. … Continue reading

Artificial intelligence and the workplace

By Pia Popp on April 23, 2018 Posted in Europe, Germany

These days especially in view of “Arbeiten 4.0”, the so called fourth industrial revolution in Germany, digitalization pervades the whole working world and is reflected in a vast number of different phenomena. As one of them artificial intelligence can complement – and in some cases even replace – manpower as we can see in the … Continue reading

Inexécution d’une promesse de porte-fort conclue dans le cadre d’une transaction : pas de résolution du protocole

By François Guillon and Elodie Grangier on April 20, 2018 Posted in Europe, France

En l’espèce dans le cadre d’un litige avec l’un de ses salariés, un employeur a été condamné à verser à celui-ci une somme totale de près de 180.000 euros. A la suite de cette décision, les deux parties se sont rapprochées ont conclu un accord transactionnel aux termes duquel l’employeur versait au salarié une somme … Continue reading