Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit


EU-US Privacy Shield – is the harbor safe again, or are we entering further unchartered waters?

The EU-US data transfer framework known as “Safe Harbor” was declared invalid by the European Court of Justice (“the ECJ”) last October in the Schrems decision. Since then, US and EU authorities have been locked in negotiations to see if a deal could be reached to address the concerns raised by the ECJ when it struck down Safe Harbor. Top of the list were the alleged mass surveillance by US security agencies and a lack of redress for European citizens when their rights were infringed by those authorities. Ganzen Artikel lesen


Economic and Organisational Dismissals: New Ius Laboris guide

Ius Laboris, the Alliance of Global HR lawyers, is delighted to announce the launch of a new series of Ius Laboris Guides. Available now, the Economic and Organisational Dismissals interactive guide is the first in the series. Covering 38 countries, the guide explains the processes and matters to be considered when carrying out dismissals for economic or organisational reasons. The next issue in the series - Individual Dismissals across Europe - will be available very soon. Ganzen Artikel lesen


New EU data protection regime – implications for employers

After a four-year gestation period, political agreement has finally been reached on the new EU legal regime for data protection. An “agreed in principle” text of the proposed General Data Protection Regulation has been published. The text is likely to be modified for linguistic and consistency reasons, but the rights, obligations and potential penalties have been determined. The law should be formally adopted around Easter 2016 with an implementation date in 2018. In brief, the Regulation aims to introduce a “one-stop shop”, with a common set of rules applying across the EU. Ganzen Artikel lesen


Limiting competition from former employees in the US and Latin America

Like toothpaste squeezed from the tube, corporate goodwill, trade secrets and confidential business information are virtually impossible to recover once stolen by a former employee. To secure your business’s prized assets, restrictive covenants limiting the post-termination activities of former employees are an effective tool in the corporate arsenal. These agreements are generally enforceable in the United States, provided they are supported by adequate consideration, narrowly drafted to protect a legitimate business interest and reasonable in geographic scope and duration. There are, however, substantial differences in Latin American approaches to comparable restraints. Ganzen Artikel lesen


What’s on the Horizon for U.S. Employers in 2016?

While the upcoming U.S. Presidential election and on-going Congressional gridlock make it unlikely any new federal employment laws will be enacted in the U.S. in 2016, employers can expect federal agencies to continue their efforts to implement the Obama Administration’s agenda through rule-making and increased compliance activity. Additionally, states undoubtedly will continue to enact legislation to fill in what many perceive as gaps in laws protecting employees. Here’s what is on the labor and employment law horizon for U.S. employers in 2016. Ganzen Artikel lesen


Labor Department unveils final “Persuader Rule”

On March 24, 2016, the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any arrangement to persuade employees directly or indirectly concerning the right to organize or bargain collectively. These reports must be filed electronically and, once filed, become publicly available records. Ganzen Artikel lesen


New provisions regarding organizational and social work environment in Sweden

The Swedish Work Environment Authority has issued new provisions governing the organizational and social work environment. The provisions apply to all activities where employees perform work on behalf of an employer. The purpose of the provisions is to promote a good work environment and prevent risk of ill health due to organizational and social conditions in the work environment. Ganzen Artikel lesen


Wage Peak and Poor Performer HRM in South Korea

On December 30, 2015, the Ministry of Employment and Labor (MOEL) issued a discussion draft of guidance on two highly controversial current issues in Korean employment law. The discussion draft contains two topics: (a) a discussion draft for “Performance-Based HR Management Guidebook,” which addresses termination of employees for poor performance, among other human-resources management issues; and (b) a discussion draft for “Guidelines on Amending Work Rules,” which focuses on the introduction of so-called “wage-peak” systems, intended to mitigate increased labor costs due to the newly introduced mandatory minimum retirement age of 60. Ganzen Artikel lesen