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Europe – High financial penalties for infringements of formal obligations incompatible with freedom of services

The European Court has held that imposing very high financial penalties for technical breaches of secondment rules are contrary to the principle of freedom of services.  On 12 September 2019, the European Court of Justice ruled that very high financial penalties for infringements of formal obligations in the context of a secondment are incompatible with the freedom to provide services. An Austrian contractor had contracted with a Croatian subcontractor to provide a service on Austrian...

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What does the new Whistleblower Directive mean for EU employers?

The Directive sets out common standards for protecting individuals who report information on breaches of EU law they acquired in a ‘work-related context’. It protects whistleblowers in both the public and private sectors and covers not only workers, but also job applicants, former employees, shareholders, board members, trainees and the self-employed. Family members, and colleagues of whistleblowers and legal entities connected to them are also protected. Ganzen Artikel lesen


Three ways companies in France can meet their social responsibilities

French companies are increasingly expected to engage with wider social and environmental issues. This article highlights three key legislative developments in this direction. In 2019, companies are expected to engage with social, environmental and community issues, beyond simply developing their economic activity. To some degree, companies must contribute to improving society and to fighting against inequalities. Their purpose goes beyond the sole interest of shareholders.

Below are three concrete examples to illustrate this evolution. Ganzen Artikel lesen


Social Security Contributions vary in Eastern Europe

This article initially published on SHRM website on 12 November 2019 explains the differences in social security contributions in four eastern European countries.
Employers and employees make social security contributions at different rates across eastern Europe, presenting coordination challenges for multinationals. A previous article discussed social security contributions in the Americas. This article highlights contribution rates in eastern Europe. Ganzen Artikel lesen


UK – Something to be-leave in? Brexit as a philosophical belief

There are strong feelings on either side of the Brexit debate, with people passionately arguing for both leave and remain. What issues arise if a supporter brings their views into the workplace? Are there potential discrimination risks? Could ‘Brexit’, or an equally strong belief in ‘remain’, count as a philosophical belief for the purposes of the Equality Act 2010 (‘EqA’)? Ganzen Artikel lesen


Europe – European Court of Justice rules on the scope of the ‘right to be forgotten’ for search engines

Two recent European Court of Justice cases have given guidance on the scope of the ‘right to be forgotten’.
The European Court of Justice has published its rulings in two prominent cases addressing the scope of ‘the right to be forgotten’ under EU privacy laws. Both cases involved Google and the French National Commission on Informatics and Liberty (‘CNIL’). Ganzen Artikel lesen


Netherlands – Employee awarded damages for breach of the GDPR

The Netherlands Employee Insurance Agency has been ordered to pay EUR 250 damages to an employee whose personal health information was accidentally sent to her new employer.
On 2 September 2019, the Amsterdam District Court rendered an interesting ruling on compensation for damages after a violation of the GDPR by the UWV (the Employee Insurance Agency). It is one of the first judgments about a claim for damages as a result of violation of the GDPR in an employment law context and the court has taken the time to elaborate this carefully in the judgment. Ganzen Artikel lesen