Topic: General

Mise à jour sur les lignes directrices des Cours fédérales sur la COVID-19

La Cour d’appel fédérale (CAF) a fourni une mise à jour sur les lignes directrices concernant la reprise des audiences débutant le 1er septembre 2020 et a clarifié l’effet de la Loi sur les délais et autres périodes (COVID-19) fédérale concernant les délais quant au commencement et à la conduite des litiges à la CAF. Tant … Continue reading

Victoria’s new minimum standards for compliance with the positive duty of employers to eliminate sexual harassment in the workplace

By Helene Lee and Allana Smith on August 24, 2020 Posted in Australia, General

In August 2020, the Victorian Equal Opportunity & Human Rights Commission released its new and updated guideline for complying with the Equal Opportunity Act 2010 (Vic) (Equal Opportunity Act): Preventing and responding to workplace sexual harassment (Guideline).… Continue reading

Management and foreign languages: Communication with the works council

By Frank Weberndörfer on August 19, 2020 Posted in Europe, General, Germany

Managers of international companies are often confronted with the problem of having to communicate with their employees and the works council in a foreign language that they do not fully master. This can easily lead to conflicts. In a recent decision in June, the Nuremberg Regional Labor Court (ref. 1 TaBV 33/19) has now clarified the scope. The … Continue reading

Transfer of undertaking to multiple transferees

By Amanda Sanders (UK) on August 4, 2020 Posted in Contracts, General, UK

In a recent case, the European Court of Justice (ECJ) has considered what happens to the employment contract of a transferring worker where there is a transfer of an undertaking to multiple transferees. The ECJ held that the contract should be split in proportion to the tasks performed by the worker of the time devoted … Continue reading

Professional Cyclist held not to be an employee or a worker

By Amanda Sanders (UK) on July 17, 2020 Posted in Contracts, General, UK

The EAT has held that an employment tribunal was entitled to conclude that a professional cyclist was not an employee or a worker of the British Cycling Federation. In Varnish v British Cycling Federation (t/a British Cycling) the claimant had commenced proceedings before an employment tribunal claiming, amongst others, unfair dismissal and discrimination. The preliminary … Continue reading

UK points-based immigration system: Further details announced

By Charlotte Emmerson on July 16, 2020 Posted in General, UK

On 13 July 2020, the Home Office published further details on how the UK’s points-based immigration system will work from 1 January 2021. As set out in the Policy Statement published in February, anyone coming to the UK for work, including EU citizens, will need to demonstrate they meet a specific set of requirements for … Continue reading

UK Government: Plan for Jobs

By Amanda Sanders (UK) on July 13, 2020 Posted in Coronavirus, General, UK

On 8 July, the UK Chancellor announced proposals to help UK businesses have the confidence to retain and hire staff. The Government announced that the Coronavirus Job Retention Scheme has helped employers pay the wages of 9 million employees across the UK. However, the scheme will come to an end on 31 October 2020 and … Continue reading

Administrators – adoption of contracts and the Job Retention Scheme

By Catrina Smith (UK) and Amanda Sanders (UK) on April 27, 2020 Posted in Coronavirus, General, UK

In two recent cases the High Court has considered the adoption of contracts by administrators in the context of applications under the Coronavirus Job Retention Scheme (CJRS). When an administrator is appointed to a company it is necessary to consider whether the administrator has adopted the contracts of employment under the Insolvency Act 1986 (IA … Continue reading

Relaxation of German working time regulations due to COVID-19?

By Cornelia Marquardt on April 8, 2020 Posted in Coronavirus, Europe, General, Germany

In an effort to fight the effects of the COVID-19 epidemic the Federal Ministry of Labour and Social Affairs (BMAS) is working on a bill to relax restrictions on working time in Germany. Specifically, longer working hours, shorter rest periods and the employment of workers on Sundays and public holidays for certain activities will temporarily … Continue reading

Comment faire face au Coronavirus en France?

By Elodie Grangier on March 23, 2020 Posted in Coronavirus, Europe, France, General

Depuis le mois de janvier 2020, l’épidémie de Coronavirus COVID-19 s’est rapidement propagée à travers le monde, causant des milliers de décès. Le Gouvernement français a réagi en plusieurs temps : après avoir émis des recommandations en matière de gestes barrière, il a ensuite pris la décision de fermer écoles et établissements accueillant des enfants, puis … Continue reading

COVID-19 / Germany: Admissible measures and co-determination rights

By Frank Weberndörfer on March 20, 2020 Posted in Contracts, Coronavirus, Europe, General, Germany

The rapid spread of COVID-19 within Europe and the beginning of the pandemic have led many of our clients to consider how employees and, if necessary, customers can be protected against any further spread of the infection and which employment law related measures should they be taking. We have summarised and answered the main questions … Continue reading

United States federal coronavirus law requires some employers to provide paid leave

By Marjorie Glover (US) on March 19, 2020 Posted in Coronavirus, General, North America, United States

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provides relief to families and workers facing the global coronavirus pandemic. The FFCRA provides: (1) free diagnostic testing for coronavirus; (2) food assistance to low-income pregnant women and mothers with young children, food banks, seniors and students; (3) … Continue reading

Economic measures taken by the Dutch government in light of the COVID-19 outbreak

By Maartje Govaert and Christine Daniels on March 18, 2020 Posted in Coronavirus, General, The Netherlands

On 17 March 2020 the Dutch government announced exceptional economic measures. The aim is to protect jobs and incomes and to address the consequences of the COVID-19 outbreak on self-employed professionals, SME-entrepreneurs and large companies. The measures aim to ensure that companies can continue to pay their staff, bridge the gap for self-employed workers and … Continue reading

COVID-19: Erleichterungen bei Kurzarbeit

By Cornelia Marquardt on March 18, 2020 Posted in Coronavirus, Europe, General, Germany

Um Arbeitsplätze zu schützen und die infolge der Corona-Krise von einem Arbeitsausfall betroffenen Unternehmen zu unterstützen, hat die deutsche Regierung Erleichterungen bei der Kurzarbeit beschlossen. Rückwirkend zum 1. März 2020 können Betriebe bei der Agentur für Arbeit Kurzarbeit beantragen, wenn ein Zehntel (statt bisher 1/3) ihrer Beschäftigten von einem Arbeitsausfall wegen der Epidemie betroffen ist. … Continue reading

Germany: An Employer’s duties dealing with COVID-19 (Coronavirus) – Q&A

By Cornelia Marquardt on March 12, 2020 Posted in Coronavirus, Europe, France, General, Germany, Italy, Luxembourg, Poland, Russia, The Netherlands, UK

COVID-19 is spreading across the world and companies everywhere are faced with its challenges. In circumstances where a COVID-19 case impacts your German workplace we recommend close coordination with the public health authority on how to proceed. In doing so – especially against a possible liability for illness or even death – it will show … Continue reading

The UK proposes a new points based immigration system

By Lauren Pullen-Stanley (UK) and Amanda Sanders (UK) on February 20, 2020 Posted in General, UK, Uncategorized

On 19 February 2020 the UK Government published its policy statement setting out its proposals for a new points-based immigration system. Following the UK’s exit from the EU, free movement of workers will cease and all EU and non-EU citizens will be treated equally from 1 January 2021. The Government will introduce a new immigration … Continue reading

UK: An employer’s duty to its employees in the context of Coronavirus

By Amanda Sanders (UK) on February 11, 2020 Posted in Contracts, Coronavirus, General, UK, Uncategorized

The World Health Organisation has declared that the Coronavirus is a public health emergency of international concern and the first reported cases have appeared in the UK. What steps should employers be taking in relation to their employees? Travel to affected areas Employers owe a duty of care to their employees to take reasonable steps … Continue reading

A new immigration landscape: Migration Advisory Committee Recommendations

By Lauren Pullen-Stanley (UK) and Aida Geragusian on February 10, 2020 Posted in General, UK, Uncategorized

The Migration Advisory Committee (MAC) published its widely anticipated report on 28 January 2020, setting out its recommendations for a new UK immigration system to be launched in time for the end of free movement of people on 31 December 2020. The Government will be considering the recommendations in the context of its Immigration Bill, expected … Continue reading

Australia – What to look out for in employment law in 2020

By David Cross and William Dawes on January 29, 2020 Posted in Asia Pacific, Australia, General

2019 saw many legislative and jurisprudential developments in employment law which should be top of mind for employers moving forward in 2020. In this article, we summarise the main issues to watch in 2020. The underpayment crisis – “wage theft” The recent spate of very public self-reported wage underpayments by businesses has resulted in increased … Continue reading

Australia – Things to look out for in WHS law in 2020

By Katherine Morris and Annika Martz on January 29, 2020 Posted in Asia Pacific, Australia, General

This blog identifies developments in WHS law to watch in 2020: Industrial Manslaughter Offences The number of Australian jurisdictions with industrial manslaughter offences in operation will expand this year. Currently, the ACT and Queensland are the only states with such legislation in operation. The Victorian law, the Workplace Safety Legislation Amendment (Workplace Manslaughter and other … Continue reading

Ontario Increases Claim Limits for Small Claims Court and Simplified Procedure

By Samuel Keen on January 29, 2020 Posted in Canada, General

On January 1st, 2020, a number of important changes to Ontario’s civil courts system came into place. Chief among these changes are increases to the claim limits for Small Claims Court and the Simplified Procedure process under the Rules of Civil Procedure. Changes to Small Claims Court Limits As of January 1st, 2020, individuals can … Continue reading

UK set to introduce ‘world first’ right to two weeks’ parental bereavement leave

By Joanna MacKenzie on January 28, 2020 Posted in Contracts, General, UK, Uncategorized

The UK Government has announced that a new right to two weeks’ parental bereavement will come into force from 6 April 2020. The Parental Bereavement Leave and Pay Regulations (which have been laid before Parliament and are awaiting final approval) implement a statutory right to a minimum of two weeks unpaid leave for all employed … Continue reading

Skilled Worker Immigration Act

By Cornelia Marquardt on January 21, 2020 Posted in Contracts, Europe, General

On 1 March 2020, the Skilled Worker Immigration Act will come into force. The law completely opens up the German labour market to skilled workers from countries outside the European Union. In addition to the measures set out in our blog the German legislator has included further measures including an accelerated administrative procedure and more … Continue reading

Upcoming Employment Law Changes in 2020

By Amanda Sanders (UK) on January 7, 2020 Posted in Contracts, General, UK, Uncategorized

As we start the new year with a new Government in the UK, we consider the important employment law changes that will, or may, come into effect in 2020. New right to a written statement of terms Currently, employees who have been continuously employed for more than one month must be provided with a written … Continue reading