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What is the latest on employees’ rights in the event of redundancy in Germany?

Stefanie RadinaBy Stefanie Radina on Posted in Europe, General, Germany
In business, the restructuring of a company (such as by the closure of an individual business unit or a necessary reduction in the number of staff) may result in an employee’s redundancy. However, dismissing an employee by reason of redundancy has strict prerequisites under German law. The main requirements which must be observed under German … Continue reading

Union-friendly amendments to the certification process included in Ontario Bill 148, Fair Workplaces, Better Jobs Act

John MastorasBy John Mastoras on Posted in General
The Fair Workplaces, Better Jobs Act, 2017 (Bill 148) includes a number of union-friendly changes to the certification process in Ontario.  If implemented, the Bill 148 amendments could increase the number of union drives and successful applications for certification. None of the proposed changes affect the construction industry. Currently under the Labour Relations Act, 1995 … Continue reading

Ontario Bill 148, Fair Workplaces, Better Jobs Act, 2017 proposes considerable changes to equal pay for equal work provisions

Kaley DoddsJohn MastorasBy Kaley Dodds and John Mastoras on Posted in Canada, General
The recently released Fair Workplaces, Better Jobs Act (Bill 148) proposes considerable changes to Ontario’s Employment Standards Act (ESA), including a number of new equal pay for equal work provisions. If passed, Bill 148 would considerably expand the current ESA equal pay provisions, which only contemplate equal pay between the sexes. In particular, the proposed … Continue reading

Ontario Bill 148, Fair Workplaces, Better Jobs Act proposes considerable changes to employers’ scheduling of work

John MastorasBy John Mastoras on Posted in General
The scheduling of work is one of many areas that would see significant revamping under Ontario’s proposed Fair Workplaces, Better Jobs Act (Bill 148). Bill 148 was recently released in response to the highly anticipated Changing Workplaces Review Final Report, which recommended sweeping changes to Ontario’s Employment Standards Act (ESA) and Labour Relations Act. Bill … Continue reading

Ontario’s Changing Workplace Review: Final Report Expected Soon

John MastorasBy John Mastoras on Posted in General
Late last week, in an interview with the CBC, Ontario Minister of Labour, Kevin Flynn said that the Changing Workplace Review Final Report will be publicly available late this spring.  The minister said that the government is currently reviewing the special advisors’ recommendations for changes to the Labour Relations Act and the Employment Standards Act, … Continue reading

Key employment law developments expected in 2017

Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Contracts, General, Germany
A significant amount of new employment legislation is expected or is already in place for 2017. Key changes will be in the hiring of temporary workers through an agency (referred to as “personnel leasing” in Germany), employee protection and equal treatment. Reform of laws regarding personnel leasing One of the main developments in 2017 will … Continue reading

Geplantes Entgelttransparenzgesetz

Anja LingscheidBy Anja Lingscheid on Posted in General, Germany
Mit dem geplanten Entgelttransparenzgesetz will die Bundesregierung Lohnunterschiede zwischen Frauen und Männern abschaffen. Durchschnittlich ist die Vergütung von Frauen in gleichwertigen Positionen 7 Prozent niedriger als die von Männern. Dieser sogenannte „Gender Pay Gap“ soll mit dem am 11. Januar 2017 vom Bundeskabinett beschlossenen „Gesetz zur Förderung der Transparenz von Entgeltstrukturen“ bekämpft werden. Mehr zum … Continue reading

Intra-Corporate Transfer Directive implemented in the Netherlands

Thomas TimmermansSaskia de SchutterBy Thomas Timmermans and Saskia de Schutter on Posted in Europe, General, The Netherlands
On November 29, 2016 the Dutch Royal Decree (the Decree) which implements the European Intra-Corporate Transfer Directive (2014/66/EU) (the Directive), came into force. The Directive applies to secondments of non-EU citizens satisfying certain conditions whose main place of residence is outside the EU (Expats) to an EU Member State. The Directive simplifies the admission procedure … Continue reading

Where winning is everything: the renewal of fixed-term contracts in professional sports

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in Contracts, General, South Africa
This article was written by Lee Crisp, an Associate  at Norton Rose Fulbright South Africa Fixed term contracts are favoured by employers in the sports industry. As professional sport is heavily performance driven, fixed term contracts give employers a measure of flexibility in contracting with employees.  While fixed-term contracts have benefits, both employees and employers … Continue reading

Texas federal judge puts the brakes on the DOL’s new overtime regulations

Global Workplace InsiderKimberly Cheeseman (US)Matt Heller (US)By Mario Barrera (US), Kimberly Cheeseman (US) and Matt Heller (US) on Posted in General, United States
Employers who had been searching for a way to best  implement the Department of Labor’s new overtime regulations (the “Final Rule”), which are set to go into effect on December 1, 2016, received an early holiday gift on Tuesday, and from one of President Obama’s appointed jurists, no less.  On November 22nd, Judge Amos Mazzant … Continue reading

The Foreign Nationals Employment Act

Thomas TimmermansSaskia de SchutterBy Thomas Timmermans and Saskia de Schutter on Posted in General, The Netherlands
Financial risks when using foreign workers in the Netherlands Hiring contractors or temporary employment agencies that employ foreign workers in the Netherlands, can create financial risks of which you should be aware. If foreign workers carry out activities for the benefit of your business, you should comply with legal obligations under the Foreign Nationals Employment … Continue reading

Insurance premiums can push an employee over the high income threshold and exclude them from the Federal unfair dismissal regime

Kamna MuddagouniBy Kamna Muddagouni on Posted in General
Subject to limited exclusions, employees will have access to the unfair dismissal regime under the Fair Work Act 2009 (Cth) (FW Act) if their annual rate of earnings is less than the high income threshold. Currently the high income threshold is $138,900. For the purpose of assessing whether the high income threshold applies in relation … Continue reading

Reform of the German Law on Temporary Employment

Anja LingscheidBy Anja Lingscheid on Posted in Europe, General, Germany
This post was also contributed by Bastian Semmel, International Trainee, Norton Rose Fulbright LLP (Frankfurt). With effect from 1 January 2017, the German legislation on temporary employment will be reformed, as the Federal Cabinet recently passed a draft law regarding this matter on 1 June 2016. These changes are designed to address the misuse of temporary … Continue reading

Launch of the new Global Workplace Report

Barbara D'AquilaMargaret Rudolph (US)John MastorasKaren Ainslie (ZA)By Barbara D'Aquila, Margaret Rudolph (US), John Mastoras, Claire Darbourne, Amanda Sanders, Annette van Beers, Maartje Govaert and Karen Ainslie (ZA) on Posted in General, Whistleblowing
The Global Workplace Report is a monthly summary of our most popular blog articles from our Global Workplace Insider blog. This report provides concise commentary and insight essential for employers that want to stay current on the legal and business developments and trends impacting employment and labor matters globally. Global employment and labor trends United … Continue reading

Parliament takes on pay equity in the workplace

Karen JensenBy Karen Jensen on Posted in Canada, Discrimination and harassment, General
On Wednesday, February 3, 2016, the House of Commons adopted a motion forming a new Special Committee on Pay Equity (Comité spécial sur l’équité salariale in French) [the “Committee”]. The motion was passed with 224 votes in favour and 91 against. The Committee’s mandate includes, but is not limited to, taking legislative action to address … Continue reading

When Collective Agreements and the ESA collide

Karen JensenBy Karen Jensen on Posted in Canada, General
When can a collective agreement deviate from the law? In a recent Ontario arbitration decision, the issue arose of whether a work schedule in agreed to in collective bargaining failed to comply with the Hours of Work provisions in the Ontario Employment Standards Act, 2000 (“ESA”). Section 18 of the ESA requires employees to have certain amounts … Continue reading

Enforcing employee restraints of trade after termination of employment – an update

Daniela LoyBy Daniela Loy on Posted in Contracts, Europe, General, Germany
The legal framework for post-contractual non-compete covenants is unchanged since our last post on the topic in 2013. It is nevertheless worth mentioning the following interesting court decisions which deal with the enforceability of employee restraints and the employer’s obligation to pay compensation: Pursuant to the statutory provisions in sec. 74 et. seq. German Commercial … Continue reading

Invalid dismissal revisited

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in General, South Africa
This article was written by Jose Jorge, a director at Norton Rose Fulbright South Africa A judgment this week by the Labour Court offers interesting findings regarding the practical application of the principles of invalid versus unfair dismissals. This should be a cautionary note for employers who overturn the findings of disciplinary chairpersons. Mr James and … Continue reading

Can a failure to extend a collective wage agreement be unfair discrimination?

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in Discrimination and harassment, General, South Africa
This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa The most recent amendments to the Employment Equity Act permit the CCMA to consider unfair discrimination claims in certain circumstances. Exercising its newly found jurisdiction to determine ‘equal pay for equal work’ claims, the CCMA recently considered this question in the … Continue reading

FWC Annual Report for 2014/15 released

Global Workplace InsiderBy Global Workplace Insider Team on Posted in General
Last month the Fair Work Commission (FWC) tabled its Annual Report for 2014/15 (Report) in Federal Parliament, a copy of which can be accessed here. One aspect of note to be gleaned from the data within the Report is a continuation in the shift in the FWC’s workload away from more traditional collective dispute resolution … Continue reading

Mutual separation agreements – who has jurisdiction?

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in General, South Africa
This article was written by Samantha Copeman, a candidate attorney at Norton Rose Fulbright South Africa A mutual separation agreement is an agreement between an employer and employee to terminate the employment relationship. In Cook4Life CC v Commission for Conciliation, Mediation and Arbitration & others (2013) 34 ILJ 2018 (LC), the Labour Court considered whether … Continue reading
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