Regularly agreed in employment contracts, exclusion clauses shorten the statutory limitation period for claims arising in the employment relationship and ensure certainty between employer and employee especially with regards to claims that are years old. In a remarkable decision the German Federal Labour Court (BAG, 26.11.2020 – ref. 8 AZR 58/20) has fundamentally changed the case law with regard to the drafting of these clauses. A large number of the exclusion clauses used in practice are now likely to be ineffective.… Continue Reading
As employers prepare for the cautious reopening of the economy and the gradual return to the physical workplace, questions on altering the terms of an existing employment agreement could certainly arise for a number of legitimate reasons.
Specifically, employers often ask under what circumstances they can make changes to existing employment agreements. Commonly, employers face two important sub-questions in that regard. First, must employers obtain employee consent before making any changes to terms of employment? Second, must employers provide consideration for such changes to make them enforceable at law?
A recent decision from the British Columbia Court of … Continue Reading
Technology is ever-changing, and while in the past evidence of an employee’s misconduct was based mainly on “physical” witnesses and observations, employers might now be tempted to use data obtained through social media as evidence against their employees.
At the present time the French Supreme Court has not had many occasions to clarify the manner in which evidence obtained by French employers through the Facebook website (and more particularly on the “wall” of an individual) should be treated by the courts.… Continue Reading