Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


Germany – Introduction of a third gender and practical consequences for employers

From 22 December 2018, a third gender, described as ‘diverse’ has been created for civil status purposes in Germany. This article seeks to raise awareness of the issue for employers, sets out some follow-up daily labour law practice questions on the issue and gives suggestions on how employers should ensure they comply with the law in the future. Ganzen Artikel lesen

Ius Laboris Germany - KLIEMT.Arbeitsrecht

Germany: Employers tap into gig economy

In Germany, companies can employ freelancers or temporary workers if they do not wish to establish an employment relationship. The employment of part-time and fixed-term employees or work on call are additional options. Companies that participate in the gig economy make extensive use of these opportunities, but the gig economy isn't without legal risks. Ganzen Artikel lesen


Netherlands: Recent sexual harassment case law in the wake of #MeToo

This article analyses how Dutch courts have dealt with dismissals for sexual harassment in the wake of the #MeToo movement and highlights some of the key points of employers to consider in dealing with a sexual harassment allegation. Ganzen Artikel lesen


UK: Trade union’s Deliveroo judicial review challenge fails

The UK High Court (‘HC’) has dismissed a judicial review challenge to a finding by the Central Arbitration Committee (‘CAC’) that Deliveroo riders are not ‘workers’. The HC ruled that the riders are not in an ‘employment relationship’ for the purposes of European law. Ganzen Artikel lesen

Ius Laboris Germany - Julia Uznanski

Business trip to Germany: Visa required?

With international business on the rise, business trips of employees from non-EU countries to Germany are becoming more and more relevant. When planning such a business trip, a number of questions arise: Does the employee need a visa? If so, which kind – and how does she obtain it?
When planning the business trip of a foreign employee to Germany, employers should first seek to answer two key questions:
1. Is the foreign employee a “privileged” citizen?
2. Is it a business trip? Ganzen Artikel lesen

Ius Laboris Italy - Toffoletto De Luca Tamajo e Soci

Italy: New rules on bank remuneration policies


Italy’s updated regulations on pay and bonuses in the banking sector aim to increase the regulation of economic incentives, in order to discourage bank employees from exposing banks and the wider economy to excessive risk. This article sets out the main elements of the new rules and possible difficulties with their implementation. It also provides views on the issue of pay in the financial services sector from other countries.   On 30 October 2018 the Bank of...

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Italy: Protecting women from ‘dismissal for marriage’ is not discriminatory


The Italian Supreme Court has confirmed that the protection from dismissal offered solely for women employees in the period around marriage does not constitute discrimination. The Italian Supreme Court of Cassation recently confirmed its opinion that the prohibition on dismissing an employee during the period from the date of publication of marriage banns to the first anniversary of the wedding (known as ‘dismissal for marriage’) only applies to women. In its judgment (no. 28926) of...

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US: Department of Labor relaxes rules for tipped employees


Employers now have greater flexibility in how they remunerate tipped employees who also perform non-tipped duties as a result of a reissued opinion from the US Department of Labor. This article sets out details of the revised and clarified policy, which is already effective. Executive Summary The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the ‘80/20 rule’ to tipped employees, and will no longer require employers to...

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