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On 21 January 2019, the French Data Protection Authority (the ‘CNIL’) fined Google EUR 50 million for lack of transparency, inadequate information and failure to obtain valid consent for ad personalisation in violation of the GDPR. The violations of the GDPR noted by the CNIL The fine followed an investigation carried out by the CNIL, as a result of a joint complaint filed by the…
In Poland, employees who are absent from work must notify their employers of their absence and this obligation still applies if the employer also automatically receives an electronic sick leave certificate. If an employee is absent from work, he or she has two independent obligations: To notify the employer of the cause of the absence and its expected duration (which should be done immediately, and…
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. Employment of Freelancers Many companies that are active in the gig…
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. There has been a lot of public attention on unwanted sexual behaviour in the workplace after the emergence of the #MeToo movement in October 2017. Initially, the…
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. Background In November 2017, the CAC rejected an application from the Independent Workers Union of Great Britain (‘IWGB’) for collective bargaining…
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? No visa required for “privileged” citizens on a business trip When planning the business trip of…
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…
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’)…
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’…
A measure recently reintroduced by the new Italian Government gives companies in crisis who have wholly or partially ceased trading the opportunity to apply for financial support to guarantee employee wages. This article sets out the details and conditions of the revived provision. In a Decree Law effective from 29 September 2018, the new Italian Government has reintroduced the possibility for companies that cease their business…