Tag archives: Employment

New York State and New York City employers face new compliance requirements

David Gallai (US)Rachel Kurth (US)By David Gallai (US) and Rachel Kurth (US) on Posted in North America, United States
Recently, New York State and New York City have continued the trend of enacting employee-friendly legislation and issuing broad enforcement guidance under their respective employment laws and regulations.  New York State and New York City employers should be aware of the following recent developments from 2018 and early 2019, and should take action to review … Continue reading

The beginning of a revolution (by the French lower courts) ?

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
French President Emmanuel Macron implemented a significant reform of the French employment code in late 2017, with the intention of providing employers greater flexibility and predictability in managing labour relations. One of the most controversial measures was the creation of a grid applicable to the amount of indemnities due to employees for unfair dismissal, setting … Continue reading

What happens a firm’s internal regulations following a TUPE transfer ?

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
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

Mathias GohBy Mathias Goh on Posted in Asia Pacific, Singapore
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

Decision of the French Supreme Court of 28th November 2018 : Does it spell the doom of the gig economy?

Laure JoncourBy Laure Joncour on Posted in Europe, France
The term « gig economy » has come into use to describe segmented jobs governed by “apps”. Drivers, riders, cleaners rely on a “digital platform” to be put in contact with clients and their jobs do not seem to fall precisely within the parameters of laws designed to deal with the traditional subordination relationship of employee to … Continue reading

Dismissal for misconduct cannot be based (solely) on anonymous reports

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France, Whistleblowing
Anonymous reports have been mistrusted for a number of years in France, for historical reasons. While anonymity enables individuals to raise their voice more openly, without being the targets of retaliation measures, it can also drift into slander. This explains a specificity of French law under which whistleblowers using ethicals lines are strongly encouraged to … Continue reading

Stärkere Kontrollen bei Dienstreisen erwartet: Erfordernis von A1-Bescheinigungen

Cornelia MarquardtBy Cornelia Marquardt on Posted in Europe, Germany
Mit einer Entscheidung vom 6. September 2018 stärkte der EuGH (C-527/16) die Bedeutung der sozialversicherungsrechtlichen A1-Bescheinigung. Zur Vermeidung doppelter Sozialversicherungsbeiträge in zwei verschiedenen EU-Staaten bescheinigt dieses Entsendeformular, welches Sozialsystem für einen Versicherten zuständig ist. Die A1-Bescheinigung ist selbst bei sehr kurzen Dienstreisen ins Ausland erforderlich und zwar sowohl für Arbeitnehmer als auch für Selbstständige. Der … Continue reading

DOL issues new opinions on FMLA and FLSA

Rachel Kurth (US)Margaret Rudolph (US)By Rachel Kurth (US) and Margaret Rudolph (US) on Posted in North America, United States
Key opinion letter allows FMLA leave for voluntary organ donation Earlier this week, the U.S. Department of Labor (“DOL”) issued six advisory opinion letters on various Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”) issues.  From time to time, opinion letters such as these are issued to provide legal guidance to … Continue reading

Can a dismissal letter be signed by an individual belonging to a holding entity?

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
Dismissal procedures are highly regulated in France including with respect to the identity of the individual who is entitled to conduct the procedure and sign the dismissal letter; such person must -by definition- be the “employer” .  However, some flexibility has been introduced over the years by French case law, and a recent decision of … Continue reading

Tort liability: other grounds for bringing actions against a parent company in French employment litigation

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
It is a fact of life in French employer-employee relations that employees have no hesitation in bringing actions against their employer, in particular following termination of an employment, and that litigation is therefore not just a virtual weapon. Not only do employees sue their employer but, where the employer is a part of a group … Continue reading

RGPD : nouveau facteur de risque en droit social?

Laure JoncourBy Laure Joncour on Posted in Europe, France
Le règlement général sur la protection des données (« RGPD ») est entré en vigueur le 25 mai 2018. Il modifie la législation antérieure sur le traitement des données personnelles en supprimant notamment le principe de déclaration préalable à la CNIL. Cette déclaration est remplacée par une obligation pour l’entreprise de démontrer la conformité de ses systèmes … Continue reading

First-ever ‘Riders’ Statute’ signed in Bologna, giving food delivery company riders a set of minimum standards of protection

Vincenzo Di GennaroAttilio PavoneBy Vincenzo Di Gennaro and Attilio Pavone on Posted in Italy
On 31 May 2018, at the City Hall of Bologna (the fourth most populous city in northern Italy), the city’s mayor, representatives of Italy’s three main workers unions (CGIL, CISL and UIL), and two food delivery companies active in Bologna (Sgnam and Mymenu) met and signed the “Paper of fundamental rights of the digital worker … Continue reading

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

Global Workplace InsiderBy Pia Popp on Posted in Europe, 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

Issues of employment status in France

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
France makes a distinction between those individuals with an employment status and independent workers. Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains … Continue reading

New York City employers take note: New anti-sexual harassment laws enacted

David Gallai (US)Rachel Kurth (US)By David Gallai (US) and Rachel Kurth (US) on Posted in United States
On May 9, 2018, New York City enacted a number of laws addressing sexual harassment in the workplace.  The laws are summarized below.  New York City employers who do not yet have anti-harassment and anti-retaliation policies in place should promptly begin the process for adopting them.  New York City employers should also begin to make … 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

Rachel Kurth (US)David Gallai (US)By Rachel Kurth (US) and David Gallai (US) on Posted in North America, United States
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

Artificial intelligence and the workplace

Global Workplace InsiderBy Pia Popp on Posted in Europe, Germany
These days especially in view of “Arbeiten 4.0”, the so called fourth industrial revolution in Germany, digitalization pervades the whole working world and is reflected in a vast number of different phenomena. As one of them artificial intelligence can complement – and in some cases even replace – manpower as we can see in the … Continue reading

Working as a freelancer and as an employee for the same company

Anja LingscheidBy Anja Lingscheid on Posted in Europe, Germany
In Germany, the distinction between employees and independent contractors (also referred to as freelancers) is particularly important. For example, the question of whether a person is an employee or an independent contractor determines whether they are protected against unfair dismissal and also affects how they are treated for statutory social security and income tax purposes. … Continue reading

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

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

How are pregnant employees in California protected in the event of a redundancy?

Barbara D'AquilaMargaret Rudolph (US)By Barbara D'Aquila and Margaret Rudolph (US) on Posted in Discrimination and harassment, United States
Both federal and California laws provide numerous safeguards to protect pregnant employees before, during, and after childbirth. Protections include prohibitions against discrimination during hiring and employment, and against termination based on pregnancy or pregnancy-related conditions, even if legitimate bases also exist for the employer’s conduct. When federal and California laws differ, the employer must provide … 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

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
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