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Poland has introduced new rules on the definition and disclosure of trade secrets. This article sets out the main points for employers to consider. New regulations on trade secrets have been in force in Poland since 4 September 2018. This entails several important changes for employers. The previous regulation that limited former employees’ non-disclosure obligations to three years from termination of employment is gone. This…
On 11 October 2018 the UK government launched a consultation on proposals for ethnicity pay reporting. This article provides details of that consultation and highlights some of the difficulties with the proposed reporting arrangements. There is a trend in employment law towards transparency being used as a method of driving change. We see it in the ‘name and shame’ regime for National Minimum Wage contraventions, the new CEO…
On 28 September 2018, a decree stating that the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (‘Convention 108’) and its Additional Protocol regarding Supervisory Authorities and Transborder Data Flows entered into force on 1 October 2018 was published in the Mexican Official Gazette. With this, Convention 108 and its Protocol are binding for Mexico. Convention 108 and its Protocol are intended to…
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…
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…
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’)….
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…
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…
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. On 6 June 2018, an amendment to the Labour Code came into force, aimed at supporting employees who are parents of disabled children. The amendment…
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. The LGPD reproduces some of the central points of the European General Data Protection Regulation (GDPR), which became effective on 25 May…