Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


Italy: buy-back clauses now part of the football player transfer system


From June 2018 the so-called ‘buy-back right’ (diritto di recompra) became part of the football player transfer market in Italy, after it was incorporated into the domestic organisational rules of the Italian Football Federation (NOIF). Buy-back rights are governed by Article 102 of the NOIF under which football clubs can include an option in a transfer agreement in favour of the selling club, giving it the right to buy back a transferred player’s sporting services definitively. Under Italian Law,...

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Colombia: Dates to report changes in employee headcount modified


On 27 July 2018 the Colombian Ministry of Labour issued Decree 1334 of 2018, which modified the dates to report changes in employee headcount, as well as the percentage of apprentices in an organisation voluntarily engaged through the National Apprenticeship Service  (‘SENA’). Under Colombian law, all employers hiring more than 15 employees are obliged to hire an apprentice from SENA. Companies hiring between 15 and 20 employees are obliged to hire one apprentice, and one...

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India: A new law for India to protect the 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...

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Netherlands: Employers to be compensated for termination


New Dutch rules will entitle employers to be reimbursed for transition payment made on terminating the employment of employees with a long-term illness meaning they cannot work. In the Netherlands, employees are, in principle, entitled to the so-called statutory ‘transition payment’ if their employment agreement of two or more years is terminated or not prolonged at the initiative of the employer. In July 2018, the Chambers of the States General of the Netherlands accepted the...

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UK/Ireland: Labour Court highlights risk of employees checking emails outside work


An employee who regularly dealt with work email out of hours was awarded compensation in a recent decision of the Irish Labour Court. The case highlights employers’ duties relating to employee working hours and record keeping.    While the introduction of smartphones into our professional lives has meant the working day becoming increasingly flexible and fluid, the law on working time in Ireland has not caught up with the 24/7 work access that we now have....

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Poland: new flexible working rights for parents of disabled children

Employees who are parents of disabled children or children who have special educational needs will now have the right to request flexible working time, and in some circumstances, remote working arrangements under a recent amendment to the Polish Labour Code. Ganzen Artikel lesen


Brazil – new, stricter data protection rules take effect

Brazil has adopted a law introducing new and more stringent GDPR-style data protection provisions. On 14 August 2018 President Michel Temer sanctioned the new Brazilian General Data Protection Law (LGPD), which regulates the processing of personal data by individuals, private entities and public authorities. Ganzen Artikel lesen


Belgium: posted worker system declared compliant by European Court of Justice

The European Court of Justice has ruled that Belgian legislation cannot circumvent EU law by acting unilaterally against fraudulently acquired A1 declarations. Legislative action of that kind oversteps the limits of what Member States are allowed to do under EU law.  Ganzen Artikel lesen


New Zealand: new entitlements for employees affected by domestic violence

New Zealand
On 25 July 2018, New Zealand finalised legislation that will give workers who are victims of domestic violence the right to paid leave and other employment law protections. The Domestic Violence – Victims’ Protection Bill has passed its third reading in Parliament and will come into force on 1 April 2019. The Bill provides for flexible working for victims of domestic violence, ten days’ domestic violence leave and protects individuals from adverse action because they are victims of domestic violence. Ganzen Artikel lesen