Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


The employment law year in review: data privacy

Some very significant fines have already been imposed by the Data Protection Authorities (‘DPAs’) in some countries: a EUR 50 million fine on Google LLC in France, and proposed fines of GBP 99.2 million on Marriott and GBP 183.4 million on British Airways in the UK. Although these big fines do not relate to employment data, a major employee data breach could similarly lead to a significant penalty, and it remains critically important to train all staff who handle personal data to ensure compliance with the GDPR. Ganzen Artikel lesen


Brexit: what are the consequences for employers?

On 31 January 2020, the United Kingdom left the EU following ratification of the withdrawal agreement. Now begins a transitional period, lasting until 31 December 2020, during which European Union law continues to apply. This period can be extended once for a maximum of one to two years, but the extension must be accepted by common agreement before 31 July 2020 and the British Government appears to have excluded this possibility for the moment. Ganzen Artikel lesen


Discrimination against part-time employees on duration of employment? The European Court gives its verdict

The European Court of Justice has ruled on whether the Part-Time Work Directive should be interpreted as precluding a national provision setting the maximum duration of a fixed-term employment relationship for part-time workers for a longer period than for full-time employees. Ganzen Artikel lesen


Der Europäische Betriebsrat im Lichte des Brexits

Der Austritt von Großbritannien aus der Europäischen Union (EU) ist Ende Januar 2020 erfolgt. Geändert hat sich nicht wirklich etwas. Bis Jahresende (ggf. auch länger) gelten die zwischen der EU und Großbritannien ausgehandelten Übergangsvorschriften, die im Wesentlichen den status quo festschreiben. Was danach kommt, steht weiterhin in den Sternen. Dies gilt auch für den Europäischen Betriebsrat (EBR). Ein Überblick über mögliche Konsequenzen: Grundlage der Bildung eines EBR ist in Deutschland das Europäische Betiebsrätegesetz (EBRG), dessen...

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Neurodiversity, autism and the workplace

There has been growing interest in recent years in neurodiversity, which often refers to people with some form of autism spectrum disorder ('ASD' or 'autism' for short) or Asperger syndrome. It also covers other conditions such as ADHD (attention deficit hyperactivity disorder) and pathological demand avoidance, whereby the person’s brain functions in a different way from the dominant “normal” societal standards. Someone with one of these conditions is described as 'neurodivergent'. There is a spectrum: while people with such a condition have features in common, they will display behaviours to a differing degree. Ganzen Artikel lesen


Skilled Immigration Act from 1st March 2020: Changes for Employers

On 1st March 2020, the Skilled Immigration Act will come into force in Germany. It will primarily amend the Residence Act (AufenthG) and therefore change the rules applicable to employers regarding the employment of third-country nationals. The Skilled Immigration Act intends to simplify and speed up the employment of skilled workers from outside the EU, EEA and Switzerland with a university degree or vocational training. We have therefore summarised the new rules relevant to employers who employ foreign skilled workers – or would like to do so - below. Ganzen Artikel lesen


Social media and the workplace: Legal considerations for employers

Social media is increasingly creating issues in workplaces around the world and blurring employees’ work and personal lives. On the one hand, its use allows employers to promote a positive image of their business and their brand to a vast audience. On the other hand, these benefits are balanced by the potential for employees to damage their employer’s brand and reputation extremely quickly. Ganzen Artikel lesen


Can a bank prevent its employees from investing in cryptocurrencies?

It follows from Danish employment case law that an employer has what is known as ‘management rights’ over its employees. This means, among other things, that an employer can, to a certain extent, issue guidelines relating to employee behaviour. However, there are limits on how intrusive these guidelines can be. In this case, the question was whether a major bank went too far by banning its employees from trading bitcoins and other similar cryptocurrencies. Background...

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