Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


Italy, France, Germany, Sweden and USA: Dress code and appearance policies

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts. 

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Ius Laboris Brazil - Veirano Advogados

Brazil: Changes to outsourcing rules

Up until now, the courts have interpreted the law as meaning that it is illegal for a business to outsource its core business. Businesses could only lawfully outsource ancilliary activities. And yet, certain sectors, such as construction, clothing and the automotive industries have been consistently allowed to subcontract specialised services or parts of their processes. The new Law turns this on its head by providing that the contracting business must specialise in the type of activity it wants to outsource.

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Robotics in the workplace – From a North American and European perspective

While automation in the workplace has been used for decades to improve speed, efficiency and cost effectiveness, until recently, automating work requiring judgment and perception was reserved for science fiction films. In the last five years, however, the wide availability of powerful computer chips, big data storage and processing, and inexpensive sensors, as well as the development of new algorithms, have led to improvements in “cognitive computing” and “artificial intelligence” (AI). Ganzen Artikel lesen


EU General Data Protection Regulation (GDPR) – countdown of one more year

Die EU-Datenschutz-Grundverordnung – noch ein Jahr bis zur Anwendbarkeit
- bi-lingual posting / zweisprachiger Beitrag -
The European General Data Protection Regulation (GDPR) will become applicable throughout the European Union on 25.05.2018, with additional national legislation. By then, companies need to be compliant. The German Bundesrat has recently passed the new Bundesdatenschutzgesetz, which will adapt the European Regulation into national German law. This means that now there is full clarity about the wording of the new law. Ganzen Artikel lesen


Belgium: Increase in the credit of additional hours for certain part-time employees

In line with earlier announcements in the framework of the Workable and Agile Work project of Secretary of Employment Kris Peeters, the legislator - in view of more flexibility for certain part-time employees - has increased the so-called “credit of additional hours”. An RD of 23 March 2017 (Belgian State Gazette of 5 April 2017) provides the necessary amendments to the RD of 25 June 1990 in this regard. Ganzen Artikel lesen

Ius Laboris Belgium - Claeys & Engels

Belgium: New pension matter

The organiser of a pension promise must cover deficits of the vested reserves, as well as deficits regarding the guaranteed return provided in Article 24 of the AOP. The reasons which caused the deficits, such as the liquidation or the bankruptcy of the pension provider, are of no importance. Ganzen Artikel lesen


Luxembourg: Draft Grand-Ducal regulations on staff delegation

On 8 March 2017, the Council of Government (hereinafter “the Council”) agreed with three draft Grand-Ducal regulations on the appointment and functioning of the staff delegation. The first draft of the grand-ducal regulation endorsed by the Council aims at modernising electoral operations for the appointment of staff delegates. In particular, it provides for the possibility of using an electronic voting system for this election. Ganzen Artikel lesen


Luxembourg: Overtime vs Senior executive

On 15 December 2016, the Court of Appeal ruled on the classification of senior executive and the right to claim overtime pay. An employee employed as a mechanic in 1991 was assigned to the sales department of the employer’s garage as a salesperson in 2001, before being promoted to head of sales in March 2012. Then, through a new addendum to his employment contract in July 2012, the employee had once again been named a mere salesman. The contractual relations were terminated by mutual agreement through an agreement of 3 April 2013 with effect from 30 April 2013. Ganzen Artikel lesen

Ius Laboris United Kingdom - Lewis Silkin LLP

#Brexit: What is likely to happen?

UK 2017
The UK triggered Article 50 on 29 March 2017 giving two years’ notice to leave the EU. Negotiations will now start on the terms of exit. The EU has made it clear that only when sufficient progress has been made with these negotiations will it be prepared to start negotiations on the UK’s on-going relationship with the EU. It seems highly likely that these exit negotiations will include agreement that EU nationals currently resident in the UK, and UK nationals currently resident in the EU, will maintain the right to live and work in such location. Ganzen Artikel lesen


Religion in the workplace: French perspective

The European Court of Justice (ECJ) recently issued two rulings, on 14 March 2017, regarding religion in the workplace, one a Belgian case, the other a French one. On 15 March 2017, we reported on the Belgian case in detail (see: European Court of Justice Rules for the first time on Discrimination Based on Belief). In what follows, we set out our reaction to the French case. Ganzen Artikel lesen