Tag archives: employee benefits

Loi Pacte : Que faut-il en attendre dans les relations employeurs / salariés ?

La loi « Pacte » (Loi relative à la croissance et la transformation des entreprises) a été adoptée en lecture définitive par l’Assemblée Nationale le 11 avril dernier, après de longs mois de débats devant l’Assemblée Nationale et le Sénat. Elle a fait l’objet d’un recours devant le Conseil Constitutionnel, saisi le 16 avril dernier. Les commentaires … 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

Singapore: “Watershed” Amendments to Employment Legislation

Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore. The single most significant legislative … Continue reading

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

New York City expansion of sick time law to cover “safe time” goes into effect on May 5, 2018; action required for New York City employers

New York City has recently adopted amendments to the New York City sick time law.  These amendments, which go into effect on May 5, 2018, will require action by New York City employers. Background on New York City’s sick time law Since April 1, 2014, all New York City employers have been required to provide … Continue reading

Recent developments in French employment law regarding financial institutions: How the French Government wants to enhance Paris’ attractiveness as a global financial place

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

Bill C-44 coming into force

The Governor General in Council has announced that the sweeping changes to the Canada Labour Code (the “CLC”), which affects federally regulated employees will come into force on December 3, 2017.  The coming into force completes the amendments that were announced in Bill C-44, the Budget Implementation Act, 2017, No. 1, after it received Royal … Continue reading

Significant changes to French employment code to enter into force no later than January 1st, 2018

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

Butt out! (ergonomically speaking): British Columbia Court of Appeal outlines management and union rights in employee accommodations

On February 28, 2017 the British Columbia Court of Appeal issued a decision that should be welcomed by unionized employers dealing with accommodating employees.  In Telus Communications Inc. v. Telecommunications Workers’ Union, 2017 BCCA 100 the issue was whether the employer was able to deal directly with its unionized employees when attempting to accommodate those … Continue reading

Federal Government’s 2017 Budget Proposes Changes to Maternity and Parental Leave

The Liberal Government’s 2017 federal budget (“Budget 2017”) proposes changes that affect maternity and parental leaves and associated Employment Insurance (“EI”) benefits. Currently, EI combined parental and maternity benefits are available at the benefit rate of 55 per cent over a period of up to 12 months. Budget 2017 proposes that this option continue to … Continue reading

Key employment law developments expected in 2017

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

Key French employment law developments in 2017

As 2017 is a Presidential election year in France, we do not expect major changes in employment legislation to occur in France in the near future.  However, this does not mean that French employment lawyers will be unoccupied. First and foremost, the El Khomri law (dated 8 August 2016), which significantly modified the employment law … Continue reading

What rights and protections are there for part-time workers?

This post was also contributed by Dimitri Schaff, Trainee, Norton Rose Fulbright LLP (Munich). Currently, about one quarter of all employment relationships in Germany are based on part-time models, the proportion of part-time to full-time employees having increased by about 12 per cent since 2001. Furthermore, as a result of the implementation of the EU Part-time Workers … Continue reading

Overtime overhaul – small businesses want more time to prepare

With just about 90 days to go before the U.S. Department of Labor’s final rule dramatically updating overtime regulations is scheduled to go into effect, small business owners have petitioned the DOL’s Wage and Hour Division seeking more time to prepare for and implement changes to the way they operate their businesses so that they … Continue reading

The importance of mobility clauses for Quebec employers

In order to meet their organizational needs, employers may need to relocate their employees’ workplace. However, relocating employees can be risky business for employers. The place of work is an important part of an employee’s working conditions. When employers make substantial changes to their employees’ working conditions, said employees can potentially claim that their original … Continue reading

Improper Comments on Social Networks: A Serious Cause Justifying Dismissal?

The employment contract of a “Montreal Impact Academy’s U14” team coach was recently terminated as he made racist comments on his private Facebook page following the defeat of France against Portugal in the Euro 2016 final. In a news release, the Montreal Impact shortly dissociated itself from these comments, considering that they were totally unacceptable … Continue reading

Whose jurisdiction is it anyway?

In the case of Brown v. University of Windsor, involving the University of Windsor and the president of its unionized Faculty Association, the Ontario Court of Appeal had a chance to clarify the situations in which situations arbitrators would have exclusive jurisdiction over labour disputes. The claim involved allegations that the University failed to satisfy … Continue reading

Employees must participate in the accommodation process

It’s never easy to talk about mental illness – particularly not with your employer. However, the British Columbia Human Rights Tribunal recently held that even if it’s uncomfortable, an employee may have the obligation to discuss their condition with the employer in order to allow the employer to come up with a proper accommodation. Last … Continue reading

Ontario Court Upholds Employment Agreement Provision that Limited Employee’s Notice of Termination to Statutory Minimum.

In Oudin v. Le Centre Francophone de Toronto, The Ontario Superior Court dismissed a motion for summary judgment brought by an employee who alleged that the termination provision in his employment agreement was unenforceable. This provision limited his entitlement to notice of termination to the minimum required by employment standards legislation. The court did find … Continue reading

Fixed costs for fixed-term contracts

What happens when an employer terminates an employee on a fixed-term contract? The Ontario Court of Appeal in Howard v Benson Group Inc. recently weighed in on the issue. The Court held that the employee was entitled to an amount equal to his salary and benefits for the unexpired term of the employment contract rather … Continue reading
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