France: What is the law on age discrimination?

This article describes the current state of the law on age discrimination in the workplace in France, how claims are processed and the potential penalties for employers. French age discrimination legislation has been thrown into the spotlight in light of the most recent national measures on the employment of older workers (derived from a national inter-industry collective agreement and a government policy on the employment…

Italy: ‘Dignity Decree’ introduces new restrictions on fixed-term contracts

Newly enacted legislation in Italy limits fixed-term contracts, increases indemnities for unfair dismissal and addresses relocation of international business outside Italy. By enacting the so-called ‘Dignity Decree’, which entered into force on 14 July 2018, the newly elected Italian Government took significant steps to reverse changes to the law on fixed-term contracts, partially liberalised by its predecessors. The Decree has also increased the indemnities payable…

Poland: trade union protection extended to contractors

New legislation means that workers in Poland employed using more flexible, task-based ‘civil law contracts’ will be entitled to join or form trade unions and to benefit from protection previously reserved for trade union members. On 5 July 2018 the Polish Parliament adopted amendments to the Act on Trade Unions and certain other acts. According to the new provisions, from January 2019, individuals in Poland…

Colombia: new rules to monitor and penalise misuse of intermediation agreements

As part of its effort to eliminate illegal labour subcontracting, Colombia recently enacted new guidelines on inspection and enforcement in this sector. The guidelines also provide criteria to assist inspectors in assessing whether indirect employment arrangements will be illegal. On 9 May 2018, the Ministry of Labor issued Resolution 2021 establishing guidelines on inspection, surveillance and control of the enforcement of Article 63 of Law…

Peru: paternity leave extended

Peru recently introduced new paternity leave legislation, extending leave entitlement for new fathers from four to ten days. This article provides details of this enhanced employment law right. On 5 July 2018, Peru’s changes to paternity leave law (Law 30807, ‘Amendment to Law 29409, granting the Right to Paternity Leave to Employees in the Public and Private Sector’) were published in the Official Gazette, El…

Poland – Financial industry employers can inquire about criminal records

New regulations came into force in Poland on 27 June allowing companies in the financial sector to enquire about the criminal record of their employees and candidates and to act on the information received. On 27 June 2018, new regulations came into force that make it possible for employees in the financial sector to make enquiries about the criminal records of job candidates and employees….

New questionnaire published by German Data Protection Authority

With a press release of 29 June 2018, the local Data Protection Authority (DPA) of Niedersachsen has published a questionnaire. The questionnaire has recently been sent to 20 large and 30 mid-sized companies of various industry sectors which are located in the German state of Niedersachsen. The local DPA has pointed out that they will not send the questionnaire to small companies such as carpenters…

Denmark - Proposed directive on protection for whistleblowers

The European Commission has proposed new rules to strengthen protection for whistleblowers reporting breaches of EU law. This article gives a Danish perspective on the proposal. The reason for the proposed new EU rules is that whistleblowers can play an important role in uncovering unlawful activities in companies and organisations. However, few EU countries have rules adequately protecting whistleblowers. In Denmark, statutory protection for whistleblowers…

Germany: The perfect restructuring (part 3: balance of interests agreement)

The third of a series on ‘the perfect restructuring’ in an employment law context, this article provides recommendations from a German perspective for conducting negotiations with the works council to reach a balance of interests agreement prior to and during the conciliation board phase of a restructuring. Once the preparatory phase is finished (see Part 1 ) and the kick-off with the works council (see Part 2)…

Italy – Facebook comments can be valid grounds for dismissal

Facebook is one of the essential communication tools of the digital era, but it can also be dangerous for employees who use it carelessly, as a recent Italian Supreme Court decision has confirmed. Facebook has grown significantly over recent years. It now connects billions of people worldwide, all of whom are sharing information, posting comments and photos and liking each other’s posts. Facebook makes our…