Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit

Ius Laboris Ukraine - Vasil Kisil & Partners

Ukraine: Employment law review 2017

This article provides a brief overview of the substantive changes to Ukrainian employment law in 2017. They include an increase in the minimum wage, penalties for employment law violations, new visa rules for foreign workers, changes to state labour audits and pension reform. Ganzen Artikel lesen

Ius Laboris New Zealand - Kiely Thompson Caisley

New Zealand: Employment Law Reforms Announced

Following the general election in September last year, the new Government has signaled changes to legislation governing the 90-day trial period for new employees. These changes differ from the measures proposed under Labour’s election policy, which included the introduction of referees who would be able to reinstate or award limited damages to employees unjustifiably dismissed during a trial period. Ganzen Artikel lesen


Luxembourg: Telework in the European banking sector

The European social partners in the banking sector adopted a Joint Declaration on telework on 17 November 2017, which is due to be followed soon by a Declaration on the social impact of digitisation in the banking sector. This Joint Declaration on telework is not a legally-binding document. It does however contain extensive information and useful precisions on the establishment of telework, practical application conditions for this kind of organisation, and the resulting rights and obligations for employers and employees. Ganzen Artikel lesen


UK, France, Ukraine: Accidents In The Workplace

UK 2017
This article provides an overview of the international occupational health and safety regulatory frameworks and the employer’s duties and potential penalties that exist in Ukraine, the UK and France. It was first published in International HR Adviser in January 2018. Ganzen Artikel lesen


USA: New Primary Beneficiary Test for Internships

Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labour Standards Act (FLSA). The FLSA requires for-profit employers to pay ‘employees’ for their work; however, whether interns or students qualify as ‘employees,’ and, thus, are entitled to compensation for services provided, has been the subject of considerable litigation. In its statement, the DOL abandoned the six-factor test it instituted in 2010, and instead endorsed the ‘primary beneficiary’ test which was established by the Second Circuit in Glatt – v - Fox Searchlight Pictures, Inc. Further, the DOL stated that the Wage and Hour Division’s investigators will “holistically analyse internships on a case-by-case basis.” This is a strategic change in the DOL’s enforcement policies to align its procedures with several circuit court decisions. Ganzen Artikel lesen


Belgium: A ‘first aid’ guide to deal with data breaches

This article sets out the steps organisations should take in dealing with a breach of data privacy from an employment law perspective, based on recent regulatory guidance in Belgium. What should you do if your company is affected by a cyber-attack and hackers purchase your employees’ personal data, or one of your employees loses a USB stick or laptop containing personal data? Guidance issued by the Article 29 Data Protection Working Party (‘WP29’) on 3 October 2017 has clarified the steps organisations should take in dealing with personal data breaches. Ganzen Artikel lesen

Ius Laboris Germany - KLIEMT.Arbeitsrecht

Germany: The perfect restructuring (part 1)

When it comes to restructuring projects, companies often face a range of challenges. These include numerous factors that may directly or indirectly trigger employment law consequences. The perfect restructuring succeeds and begins in (allegedly) prosperous times and not when signs already point to a crisis. In this series of articles, we will examine the strategic and employment law aspects of restructuring. Part 1 deals with the business context, the different phases of restructuring and some core elements of the preparation and planning phase. Ganzen Artikel lesen


USA: Employment law and marijuana

Some parts of the US have already fully legalised the use of marijuana, others are allowing for medicinal use, while still others are holding on to full prohibition [see map below]. This article discusses the potential workplace safety and employment law consequences for employers of the proposed legalisation of recreational marijuana in New Jersey. What’s happening in the state of New Jersey is fairly typical of the kind of changes taking place across the whole of the US – and it raises some interesting questions for employers. Ganzen Artikel lesen


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