Tag archives: Employee

Record number of mutual termination agreements signed in France

Global Workplace InsiderFrançois GuillonBy Elodie Grangier and François Guillon on Posted in Contracts, Europe, France
According to the data published by the French labour administration, mutual termination agreements (ruptures conventionnelles) have never been so popular. Indeed, in June 2017, more than 35,700 mutual terminations agreements have been validated by the French labour Administration. But why are mutual termination agreements so popular? First, mutual termination agreements represent – for the employer and … Continue reading

The (latest) reform of the French employment code is ongoing

Global Workplace InsiderCamille ChabrolinBy Elodie Grangier and Camille Chabrolin on Posted in Contracts, Europe, France
As part of candidate Emmanuel Macron’s program during the Presidential elections campaign, a substantial reform of the French employment Code was promised. After his election as President, French commentators anticipated new changes would be implemented quickly, given Emmanuel Macron’s indications that he wished to go ahead as soon as possible, without too much debate before … Continue reading

ContractorCheck Canada App

Patrick GaliziaPhilippe BélisleBy Patrick Galizia and Philippe Bélisle on Posted in Canada, Contracts
Employee or contractor? The ContractorCheck Canada application (App) is a practical tool developed by the Norton Rose Fulbright employment and labour team. It is designed to help employers accurately determine the status of their workforces and whether they should be considered contractors or employees. Defining employees versus contractors can be sometimes challenging; improperly classifying them … Continue reading

What French employers must do in case of heatwave?

Global Workplace InsiderCamille ChabrolinBy Elodie Grangier and Camille Chabrolin on Posted in Europe, France
Summer is coming and temperatures are rising and may become unbearable, especially for these employees working outdoors / performing manual labour. Too much warmth can affect employees and can cause exhaustion, headache, fainting, or dehydration. Therefore the impact on employees’ health can be significant. From a French employment law perspective, employers have a very general … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in Germany?

Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Europe, Germany
This post was also contributed by Tony Rau, Trainee, Norton Rose Fulbright LLP (Munich). German law provides for extensive protection of pregnant employees and employees on leave in connection with pregnancy. Regarding the latter, German law distinguishes between maternity leave (i.e. 6 weeks before until 8 weeks after childbirth – or 6 weeks before until … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in France?

Global Workplace InsiderBy Elodie Grangier on Posted in Discrimination and harassment, Europe, France
As is the case in many other countries (particularly countries in the European Union, which are covered by EU Directive 92/85/CEE dated 19 October 1992), France has implemented a full set of rules with the goal of protecting pregnant employees or employees on maternity leave against illegitimate termination of their employment contract. These protections also … Continue reading

Human resources managers can be indirectly liable for harassment

Global Workplace InsiderBy Elodie Grangier on Posted in Discrimination and harassment, Europe, France
Health and safety of employees is highly protected in France. Employers are  responsible for the prevention of any damage to their employees’ health and safety resulting from their work. Amongst other things, French law requires employers to ensure that their employees are protected from any harassment at work. But another provision of the French Employment … Continue reading

Signed on the Dotted Line in Time? The Court of Appeal addresses the timing of an employee’s execution of her employment contract.

Jennifer HodginsBy Jennifer Hodgins on Posted in Canada
Employers have long been advised to ensure that a new employee agrees to and executes his or her written employment contract before starting work. Otherwise, there is a risk that the employment contract will be held to be unenforceable on the basis that there was no “consideration” provided to the employee in exchange for entering … Continue reading

Probation pitfalls and the Employment Standards Act (British Columbia)

Ryan BergerChanelle WongBy Ryan Berger and Chanelle Wong on Posted in Canada
Probation is common for new employees.  Probationary periods can provide employers the opportunity to assess new hires in the real work environment.  If an employee is not suitable, the employer may have the opportunity to end the relationship in the early months of employment with little or no liability.  There are a number of potential … Continue reading

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

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Dismissing an employee due to economic difficulties is extremely delicate in France. A law dated 8th August 2016 has specified the definition of the economic grounds for dismissals, providing that economic difficulties are, in particular, characterized by a significant evolution of an indicator such as a significant drop of turnover, a significant drop in purchase … Continue reading

Ontario Human Rights Tribunal: Subjective belief can trump facts

Karen JensenBy Karen Jensen on Posted in Canada, Discrimination and harassment
Chodha v. 1352866, 2016 HRTO 1241 demonstrates that human rights tribunals will consider an employer’s bona fide subjective belief in deciding whether the employer has provided a reasonable explanation for apparently discriminatory conduct. Indeed, the employer’s belief may take precedence over factual circumstances, as they did in this case. The case involved the termination of … Continue reading

When an employer hides another employer

Global Workplace InsiderBy Elodie Grangier and Pauline Disdier on Posted in Europe, France
Dual employment is a sensitive subject in French employment law as it enables employees to raise claims against a different employer from that with which the employment contract was signed. The matrix-type organisation of groups of companies, which has become the rule, can have adverse consequences if employees have the feeling that they are employed … Continue reading

Update regarding protection against religion-based discrimination in France

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France
In France, the issue of religious behavior in the workplace is extremely sensitive. The principle under French employment law is that while public sector employers are required to enforce a policy of strict neutrality, in private sector companies, a balance must be maintained between the principle of secularism and the prohibition of discrimination based on … 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

New protection of French whistleblowers under the Sapin II Law

Global Workplace InsiderBy Elodie Grangier on Posted in Discrimination and harassment, Europe, France, Whistleblowing
Much attention was focused recently on President Obama’s decision, in the final days of his presidency, on commuting the sentence of Chelsea Manning, who provided certain classified information to WikiLeaks. In France, new legislation has recently been passed and implemented harmonizing the protection of whistleblowing employees (https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=4BBFD240827AF0FD9A6340FF254E6F1B.tpdila21v_3?cidTexte=JORFTEXT000033558528&categorieLien=id). Who is concerned? Under the new regulation, whistleblowers … Continue reading

Key French employment law developments in 2017

Global Workplace InsiderBy Elodie Grangier on Posted in France
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

Alberta employers kick-start 2017 with a big win in the Styles appeal

William J. ArmstrongBy William J. Armstrong on Posted in Canada
Following the SCC’s decision in Bhasin, there was uncertainty regarding the application of the common law duty to perform contractual obligations in good faith to the employment law context. The Court of Appeal of Alberta’s decision in Styles provides clarity on the application of Bhasin in the context of both termination and entitlement to bonuses … Continue reading

Recent changes to the law on the dismissal of severely disabled employees

Anja LingscheidBy Anja Lingscheid on Posted in Europe, Germany
In Germany, as of 1 January 2017, various amendments to the law on severely disabled persons came into force. Of particular importance is a new regulation relating to the dismissal of severely disabled employees. Until the recent changes came into force, before the dismissal of a severely disabled employee the representative body for severely disabled … Continue reading

What rights do workers have to rest breaks in Germany?

Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Germany
This post was also contributed by Sebastian Kutzner, Trainee, Norton Rose Fulbright LLP (Munich). Due to increasing demands for a work life balance, uncertainty as to employees’ rights to rest periods, in particular, is widespread. German law distinguishes between two types of rest periods: Rest breaks (to be granted during working time); and Resting time … Continue reading

Employee, worker or self-employed?

Global Workplace InsiderBy Amanda Sanders on Posted in Europe, UK
In UK employment law a person’s employment status determines both their rights and responsibilities. An individual can be an employee, a worker or self-employed.  Whilst traditionally individuals were employees or self-employed there has been a significant rise in “worker” status.  The recent reported case of Aslam and others v Uber BV considered whether drivers had … Continue reading

Reasonable Notice: it Goes Both Ways

John MastorasBy John Mastoras on Posted in Canada
In Gagnon & Associates Inc. v Jesso, 2016 ONSC 209, the defendants (“Jesso” and “Cameau”) had been working as salesmen for the employer (“Gagnon”) for ten years when they resigned. They had been an integral part of the defendant’s operations, and were jointly responsible for approximately 60 per cent of the defendant’s sales. The defendants … Continue reading

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

Stefanie RadinaBy Stefanie Radina on Posted in Contracts, Europe, Germany
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
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