Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


Russia: Current trends in court practice on discrimination claims

Russian courts are influenced by international labour standards, but, in practice have been reluctant to grant employees discrimination claims. However, they are now beginning to consider more cases of discrimination and are starting to be more inclined than in the past to uphold them. Ganzen Artikel lesen

Ius Laboris France - Capstan

France: The labour law reform

Following his election, President Macron announced major reforms starting with a large-scale overhaul of labour law. So, what are the most important changes that will impact your day-to-day HR management? The main goals of this reform are to provide more security for work relationships, to give companies more flexibility, more power to negotiate working conditions directly with employees and to reduce their financial exposure in cases of wrongful dismissals.

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Belgium: Cash for car instead of company car

On 29 September 2017, as proposed by the Minister of Finance, the Council of Ministers approved a preliminary draft bill allowing employees who wish to do so, to exchange their company car for a mobility allowance; provided, however, that the employer has set up such a system within the company. Ganzen Artikel lesen


France: Major changes to whistleblowing laws

Until recently, there was no obligation to implement a whistleblowing policy in France. However, when such a policy was put in place very strict regulations applied. These included obtaining prior authorisation, which was only very reluctantly granted, from the French data protection agency (the “CNIL”). Law of 9 December 2016 on transparency, the fight against corruption and the modernisation of the economy (referred to as “Sapin II”) created general protection for whistleblowers. It also introduced the following new compliance obligations for companies. Ganzen Artikel lesen


Luxembourg: Unfair competition and duty of loyalty

On 15 June 2017, the Court of Appeal ruled on distinction between the obligation of an employee bound by a non-compete clause in his/her employment contract, and the duty of loyalty inherent in any employment contract. The facts relate to an “educator assistant manager” employed in a nursery since 2011, who had also been elected as the deputy staff representative. In February 2015, her employer found a number of documents freely accessible on her work computer showing that the employee had been working on a project to set up a new nursery since May 2014, during her working hours and at her place of work: applications for approval to set up a nursery, CVs and covering letters from people interested in working in a nursery, layout plans for a nursery with the address of premises, invoices with references to “nursery conversion”, quotes for various pieces of furniture and accessories for children, photos relating to the atmosphere of the nursery, advertising plans etc. Ganzen Artikel lesen

Ius Laboris New Zealand - Kiely Thompson Caisley

New Zealand: Availability Provisions

In August the Employment Court released its first decision on so-called ‘availability provisions’, whereby an employee must be on standby to work any hours the employer requires them to work, but on the other hand, they can only work if the employer gives them work to do. This arrangement is common in ‘zero-hours contracts’ and section 67D of the Employment Relations Act 2000 was introduced by Parliament to curb this practice. The case at hand involved the interpretation of this provision by the Court. Ganzen Artikel lesen

Ius Laboris Belgium - Claeys & Engels

ECHR, Bărbulescu and breach of privacy

ECHR, Bărbulescu and breach of privacy
The Grand Chamber of the European Court of Human Rights (‘ECHR’) – composed of 17 judges – has just released its judgment in Bărbulescu – v – Romania (5 September 2017). The case concerned the balance between two rights: the employee’s right to respect for private life and correspondence under Article 8 of the European Convention on Human Rights and the employer’s right to take measures in order to ensure the smooth running of the company – in this case, monitoring the employee’s electronic communications.

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Taylor-made solutions for UK employment law?

UK 2017
A major, independent review of UK employment law, commissioned by the prime minister in October 2016, has published its long awaited report - the “Review of Modern Working Practices”, chaired by Matthew Taylor. Media coverage has focused on its implications for the “gig economy”, but the recommendations – if carried forward into legislation – will have profound implications for all employers in the UK. This will particularly apply to organisations using contractors, zero-hours workers and agency workers, but also more broadly in areas such as sick leave and flexible working. Ganzen Artikel lesen

Ius Laboris Germany - Kliemt & Vollstädt

Germany: Pay Transparency Act – Does it work?

Pay Transparency Act
Germany has introduced the Pay Transparency Act which came into force on 6 July. The Act is intended to reduce the gender pay gap, but whether it turns out to be a “bureaucratic monster” as some predict, or a “breakthrough for fair pay for women”, as the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is calling it, remains to be seen. Ganzen Artikel lesen


Luxembourg: New obligations on record of working time

The legislator has recently changed article L. 211-29 of the Labour Code regarding keeping a special record of working time. The new article now stipulates the obligation for any employer to add to “a special record or file the start time, end time and hours worked each day”, as well as the usual information required, namely: any extensions to normal working hours, hours worked on a Sunday, statutory bank holiday or overnight, as well as remuneration paid in any of these cases. Ganzen Artikel lesen