Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


UK: Employment Law Review 2017

The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, prime minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should approach Brexit. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018. This has meant that, as with many other areas, employment policy reform has taken something of a backseat. Nevertheless, employment law in the UK continues to change at pace. Ganzen Artikel lesen


Spain: Misuse of employee´s image by employer in social media?

Social Media
One of the personal rights of employees is honour and reputation, which is contained in Article 18.1 of the Spanish Constitution and is closely connected to the right to private and family life in Article 12 of the United Nations Universal Declaration of Human Rights and Article 8 of European Convention on Human Rights. From a national perspective in Spain, Organic Law 1/1982 provides protection of both the right to honour and reputation and the right to personal and family life. Ganzen Artikel lesen


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


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