Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


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

Ius Laboris Italy - Toffoletto De Luca Tamajo e Soci

Italy: New law on smart working

The Italian Law on Smart Working provides for increased flexibility to ensure a better work-life balance for employees, as well as increasing employers’ competitiveness. It defines ‘smart working’ as an agreement between the parties "with no precise constraints in terms of working hours or workplace and with the possible use of technology to enable the work to be performed. The work is carried out partly on the company’s premises and partly outside, without any fixed location – provided this is done in accordance with the law and collective agreements concerning the maximum daily and weekly working hours.” Ganzen Artikel lesen


U.S.A.: New statutes in Florida for ride-sharing industry

Florida lawmakers recently addressed the issue of how to classify transportation workers by enacting a law (Florida Statute § 627.748) that will permit transportation network companies (TNCs) (commonly referred to as ‘ride sharing’ companies) to classify their drivers as independent contractors under Florida law if they meet the law’s requirements. Ganzen Artikel lesen


Russia: double burden data protection

Datenschutz Betriebsvereinbarungen
The GDPR applies to the entities having establishments within the EU, as well as to those that do not have a physical presence in the EU where their processing activities, either as a data controller or processor, are related to the ofering of goods or services to data subjects in the EU, or to the monitoring of data subjects’ behaviour taking place within the EU. For this reason, Russian e-commerce companies and other online services are becoming concerned about the application of the GDPR and potential EU sanctions, which are much higher than the sanctions for breaches of Russian privacy laws.

Ganzen Artikel lesen

Ius Laboris Mexico - Basham, Ringe y Correa S.C.

Mexico: New labour courts

In Mexico, a new labour law came into force at the end of February 2017, which will transform the labour court system and procedures. The Federal Congress and State Legislatures now have a transitional period lasting until February 2018 to make the necessary legal adjustments to implement the changes. Ganzen Artikel lesen


Sweden: Midwife case now at European Court of Human Rights

In 2014 a midwife sued the County Council of Jönköping for discrimination. It had refused to give her work in three different clinics after she told it that she would not carry out abortions on grounds of her Christian beliefs. The clinics said that their reluctance to employ her was not based on her faith but because she did not intend to carry out all duties required by her employment.

Ganzen Artikel lesen


Belgium: Shareholders‘ right directive

The Directive amends the so-called Shareholders’ Rights Directive (EU Directive 2007/36 as regards the encouragement of long-term shareholder engagement). The stated objective is to overcome certain corporate governance shortcomings in European listed companies and to promote the long-term engagement of shareholders.
The Directive deals with a wide range of corporate law and governance issues, such as identifying shareholders, providing information about shareholders, facilitating voting, making institutional investors, asset managers and proxy advisors more transparent, and regulating related party transactions. HR practitioners will, however, be primarily interested in the provisions that deal with pay policy and the remuneration report - and it is these that we focus on in this newsletter.

Ganzen Artikel lesen


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. 

Ganzen Artikel lesen

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.

Ganzen Artikel lesen