Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


India: first official trade union for IT industry

On 7 November 2017, the Karnataka State IT/ITES Employees Union (‘KITU’) was officially registered and recognised under the Trade Union Act, 1926 (‘TU Act’) and Karnataka Trade Unions Regulations, 1958. KITU claims to have about 250 IT industry employees as members. The formation of a trade union to fight for the cause of IT industry employees in India has been in the making for several years, with unrecognised groups already in existence. The movement has gained greater impetus with the increase in lay-offs and retrenchment in the IT sector and with the prospect of more in the near future. Ganzen Artikel lesen

Ius Laboris Netherlands - Bronsgeest Deur Advocaten

Netherlands: #metoo? #becareful

The recent #metoo revelations have led to more discussion of sexual harassment. Of course, the situation in the workplace is part of this debate, because, unfortunately, unwelcome advances frequently take place there. These matters are often delicate, and a Dutch Court of Appeal ruling in The Hague last April only confirms that dealing with such accusations can be a tricky business. Ganzen Artikel lesen


Belgium: Liaison officer mandatory for foreign employers

From 1 October 2017, the obligations on foreign employers posting workers to Belgium have been extended to include the appointment of a liaison officer to act as a single contact point for the local employment inspectorate. A Belgian Royal Decree that entered into force on 1 October 2017 stipulates that the appointment of this liaison officer must be made through the LIMOSA declaration that all foreign employers are required to complete for workers posted to Belgium. Ganzen Artikel lesen


India: new law to protect rights of persons with disabilities

The Rights of Persons with Disabilities Act, 2016 (the ‘new Act’) is a welcome legislative development. The new Act came into force on 19 April 2017. Further, the Rules were notified on June 15, 2017 (i.e. the date from which they came into force). The new Act replaces the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 (the ‘previous Act’). The new Act implements India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities, which was ratified in 2007. It has taken the Indian Parliament more than a decade to enact this legislation. Ganzen Artikel lesen

Ius Laboris Belgium - Claeys & Engels

Belgium: Modifications of benefits in kind

Provisions on the tax and social security treatment of the benefit in kind (BIK) for the use of a smartphone, PC, tablet and/or internet are not always clear. Moreover, they are often treated differently for tax and social security purposes. To enhance legal certainty, a modification to the legal provisions is expected to come into force on 1 January 2018, particularly by determining a fixed BIK to apply for both tax and social security purposes. Ganzen Artikel lesen


Canada: New simplified immigration rules for foreign EU business people

Canada will facilitate the transfer or secondment of European professionals as part of an international mobility program within the Comprehensive Economic and Trade Agreement (CETA). Depending on the type of work and length of stay, in some cases, Canadian businesses may not be required to conduct a labour market impact assessment (LMIA) in order to transfer professionals from Europe. Ganzen Artikel lesen


Europe: International data transfers – are model clauses now under threat?

UK 2017
Max Schrems, an Austrian law student successfully brought a case to the European Court of Justice in 2015 that resulted in the “safe harbour” – an agreement that allowed the transfer of EU citizens’ data to the US - being declared invalid. Since then, transfers outside the EU have largely been conducted based on previously approved ‘model clauses’. But Mr Schrems has now brought a case to the Irish High Court questioning the adequacy of those clauses and the Court has been given approval to ask the European Court of Justice whether transfers based on them are adequately protected. Ganzen Artikel lesen


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.

Ganzen Artikel lesen


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