Tag archives: notice of termination

France: The complex consequences of the occurrence of gross misconduct during the notice period

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
The general rule under French law is that when employment contracts are terminated, employees are entitled to a prior notice period, the length of which depends on the status of the employee (executive or non-executive), their length of service, and in some cases their age. The applicable rules are generally set by the sector-wide collective … 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

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

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 are the employment implications of the transfer of a business in the US?

Arthur F. SilbergeldJennifer AwreyBy Arthur F. Silbergeld and Jennifer Awrey on Posted in Contracts, United States
When a buyer acquires the assets of another company, both the buyer and the seller must focus on federal and state laws in the United States which impact on employees who transition on the sale of the business.  For example, if a sufficient number of employees are affected, the federal Worker Adjustment and Retraining Act … Continue reading

Notice rights – what rights do employees have to notice of termination of employment in the US?

Global Workplace InsiderBy Mario Barrera (US) on Posted in United States
Employees in the United States are generally considered employed at-will in most jurisdictions, meaning that either the employee or the employer can terminate the relationship at any time, for any reason or no reason at all, without providing notice. The general rule gives way, however, in limited circumstances which trigger certain federal (and potentially state-specific) … Continue reading

Notice Rights – What Rights Do Employees Have To Notice On Termination Of Employment

Global Workplace InsiderJannis BreitschwerdtBy Bettina Goletz and Jannis Breitschwerdt on Posted in Europe, General, Germany
Notice rights have the purpose of giving the employee the opportunity to take appropriate measures in preparation for the termination. The obligation of the employer to adhere to certain notice periods and the length of these notice periods depend - amongst other things - on the characterisation of the termination and the duration of the … Continue reading

Notice rights – what rights do employees have to notice on termination of employment?

Marie-Andrée LaroucheBy Marie-Andrée Larouche on Posted in Canada, Contracts, Québec
In Canada, particularly in the province of Quebec, the length of notice of termination to which an employee is entitled is fairly generous. In Quebec, the right to notice is mainly governed by two pieces of legislation, namely the Civil Code of Quebec (CcQ) and the Act respecting labour standards (LSA). While the provisions of … Continue reading

Notice rights – what rights do employees have to notice on termination of employment in the UK?

Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Europe, UK
In the UK, an employee’s notice rights are governed primarily by the terms of the employment contract but are also subject to the statutory right to a minimum period of notice dependent on length of service. Notice will usually be required to terminate the employment contract lawfully. Exceptions to this, where there are lawful grounds … Continue reading

Notice of Termination Pending Sale of Business Inadequate Says BC Court of Appeal

Global Workplace InsiderBy Michael Torrance on Posted in Canada, General
When does notice of termination actually occur when there is a sale of business? That was the question considered recently by the British Columbia Court of Appeal in the recent case of Kerfoot v Weyerhaeuser Company Limited, 2013 BCCA 330 (CanLII).  The answer could have significant implications for potential liability associated with a sale of … Continue reading

Is notice of dismissal a dismissal under the Fair Work Act?

Global Workplace InsiderBy guestauthor on Posted in Australia
In a novel decision, the Fair Work Commission (the FWC) has held that it has jurisdiction to hear an unfair dismissal application under the Fair Work Act 2009 (FW Act) that was made after the employer has given notice of termination, but before the employment relationship ended. In Mr Michael Kovac v Aboriginal Legal Service … Continue reading
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