Tag archives: Employment

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

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

What rights do workers have to rest breaks in France?

Laure JoncourBy Laure Joncour on Posted in Europe, France
French regulations strictly supervise employees’ working time, which may not exceed a certain limit and must include break time and minimum rest periods. Not only must the employer comply with these obligations, but in the event of litigation, the employer must be in a position to produce evidence that it has done so. Each employee … Continue reading

Update: Assessment of Employment Relationships (Deregulation) Act (DBA)

Thomas TimmermansBy Thomas Timmermans on Posted in Europe, The Netherlands
Working with independent contractors/freelancers? In May 2016, we discussed https://www.globalworkplaceinsider.com/2016/05/var-declaration-replaced-by-model-agreements-as-of-may-1-2016/ the abolition of the VAR-declaration as a result of the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act) which came into force on 1 May 2016. The first year is intended as a transitional period, during which law enforcement … 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

“Brexit” – Employment Law Implications

Global Workplace InsiderBy Amanda Sanders on Posted in Europe, UK
On 23 June 2016, voters in the UK referendum chose to leave the European Union. Exit from the EU will require the government to make a formal application under Article 50 of the Treaty on European Union.  This provides for a period of negotiation of up to two years (which can be extended if agreed).  … Continue reading

Tribunal Finds Age Discrimination in Job Application Form

Global Workplace InsiderBy Michael Torrance on Posted in Canada, Discrimination and harassment
In Kosovic v Niagara Caregivers and Personnel Ltd (“Kosovic”), the Ontario Human Rights Tribunal held that a recruitment agency’s job application form that asked for the applicant’s date of birth contravened the Ontario Human Rights Code. The Tribunal awarded the applicant $500 in damages to compensate him for injury to his dignity, self-respect and feelings, … Continue reading

Delayed Promotion Not Constructive Dismissal

Global Workplace InsiderBy Michael Torrance on Posted in Canada
In the recent case of Penteliuk v CIBC World Markets Inc, the Ontario Superior Court held that an employee whose promised promotion was taking longer than expected was not constructively dismissed. The Plaintiff was employed as a Managing Director at a large financial institution. In February of 2004, the Plaintiff turned down a lucrative employment … Continue reading
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