Arbeitsrecht. Weltweit.

Kategorie: Arbeitsrecht weltweit

19.12.2019
Donnerstag

No-Deal Brexit – Update: Residence and labour market access for UK citizens in Germany

With the re-election of a conservative majority in the UK Parliament, UK citizens - and their em-ployers - continue to face the question to which extent they will be allowed to reside and work in Germany after a "No-Deal Brexit”, i.e. after a withdrawal of the UK from the EU without an agree-ment regulating the legal modalities of the withdrawal, on the new Brexit date on 31 January 2020.
Without such a “Brexit agreement”, the UK becomes a third country in relation to EU member states, including Germany, on Brexit date. Therefore, UK citizens who were previously able to en-ter, live and work in Germany and other EU Member States as EU citizens under the rules of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) without a residence permit would, at once, no longer be covered by these treaties on 31st January 2020 (or any later date Brexit may be postponed to). Therefore, the third-country nationals’ immi-gration regime becomes applicable to UK citizens entering, residing and working in Germany.
In order to ease the transition, German and EU legislators have already passed and planned various regulations for the case of a "No-Deal Brexit". These rules give UK nationals (and their family mem-bers) some privileges over other third-country nationals and are summarised below.
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13.12.2019
Freitag

What does the new Whistleblower Directive mean for EU employers?

The Directive sets out common standards for protecting individuals who report information on breaches of EU law they acquired in a ‘work-related context’. It protects whistleblowers in both the public and private sectors and covers not only workers, but also job applicants, former employees, shareholders, board members, trainees and the self-employed. Family members, and colleagues of whistleblowers and legal entities connected to them are also protected. Ganzen Artikel lesen

06.12.2019
Freitag

Three ways companies in France can meet their social responsibilities

French companies are increasingly expected to engage with wider social and environmental issues. This article highlights three key legislative developments in this direction. In 2019, companies are expected to engage with social, environmental and community issues, beyond simply developing their economic activity. To some degree, companies must contribute to improving society and to fighting against inequalities. Their purpose goes beyond the sole interest of shareholders.

Below are three concrete examples to illustrate this evolution. Ganzen Artikel lesen

29.11.2019
Freitag

Social Security Contributions vary in Eastern Europe

This article initially published on SHRM website on 12 November 2019 explains the differences in social security contributions in four eastern European countries.
Employers and employees make social security contributions at different rates across eastern Europe, presenting coordination challenges for multinationals. A previous article discussed social security contributions in the Americas. This article highlights contribution rates in eastern Europe. Ganzen Artikel lesen

22.11.2019
Freitag

UK – Something to be-leave in? Brexit as a philosophical belief

There are strong feelings on either side of the Brexit debate, with people passionately arguing for both leave and remain. What issues arise if a supporter brings their views into the workplace? Are there potential discrimination risks? Could ‘Brexit’, or an equally strong belief in ‘remain’, count as a philosophical belief for the purposes of the Equality Act 2010 (‘EqA’)? Ganzen Artikel lesen

18.10.2019
Freitag

Europe – European Court of Justice rules on the scope of the ‘right to be forgotten’ for search engines

Two recent European Court of Justice cases have given guidance on the scope of the ‘right to be forgotten’.
The European Court of Justice has published its rulings in two prominent cases addressing the scope of ‘the right to be forgotten’ under EU privacy laws. Both cases involved Google and the French National Commission on Informatics and Liberty (‘CNIL’). Ganzen Artikel lesen

17.10.2019
Donnerstag

Implementation of the Posted Workers Reform Directive in Germany

On 28 June 2018, the EU Posted Workers Reform Directive (2018/957) (the "Reform Directive") was passed, which contains extensive changes to the EU Posted Workers Directive of 1996 (96/71/EC). The implementation into EU Member State national law must now take place by 30 July 2020. Under German law, this especially means that the Posted Workers Act (Arbeitnehmerentsendegesetz - AEntG), which currently implements the (old) Posted Workers Directive, needs to be amended. Ganzen Artikel lesen