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Another important judgment of the Court of Justice of the European Union, issued on 3rd December 2015 (Quenon, case no. C-338/14), provided some clarification on the interpretation of European Directive no. 653/86 on agency law, which brought about the full amendment of Article 1751 of the Italian Civil Code. The judgment deals with the part of the law (4th paragraph) which provides that – in…
If an employee is dismissed for serious cause, and this serious cause is later found to be unfair, the employee is not entitled to damages because the employer did not make an outplacement offer, nor does such a dismissal qualify automatically as a case of manifestly unfair dismissal. In case of dismissal, the employer is in certain circumstances obliged to make an outplacement offer, in…
On 18 March 2016, a Royal Decree (RD) enabling night work for e commerce activities in the distribution sectors was published. This RD provides for working-time arrangements with night work to be introduced at company level in these sectors. Recently, sectoral collective bargaining agreements (CBAs) in the sectorial committees 201 (independent retail), 202 (retail in foodstuffs), 202.01 (medium sized food stores), 311 (large retail) and…
After more than 40 years of equal pay legislation in the UK, the gap between women’s and men’s pay remains stubbornly high. According to data from the Office for National Statistics (ONS), the overall pay gap, based on earnings of full-time and part-time workers, has remained at 19.2% during 2014 and 2015. This means that, on average, women earn just over 80% of what men…
Angesichts der wachsenden Zahlen von Flüchtlingen stellt sich für Arbeitgeber die Frage, unter welchen Voraussetzungen sie Flüchtlinge in Deutschland rechtmäßig beschäftigen können. Die anwendbaren Vorschriften sind oft unübersichtlich; zudem gab es in den letzten Jahren mehrmals Änderungen, zuletzt durch das zum 24.10.2015 in Kraft getretene Asylverfahrensbeschleunigungsgesetz. Dieser Beitrag soll Arbeitgebern einen aktuellen Überblick über die Anforderungen an die rechtmäßige Beschäftigung von Flüchtlingen in Deutschland geben….
New Zealand Parliament’s Transport and Industrial Relations Select Committee issued its report on the Employment Standards Legislation Bill on 12 February 2016. The intent of the Bill is to “make workplaces fairer and more productive for both employees and employers” in three respects: Prohibiting certain “unfair employment practices”, being the so-called ‘zero hour contracts’. Expanding eligibility for parental leave and increasing flexibility of the parental leave…
Ius Laboris, the Alliance of Global HR lawyers, has recently created a new brochure which will update HR professionals and employment lawyers across Europe regarding ongoing legislative developments. In their own words: Many European countries introduced reforms intended to make labour markets more flexible and to encourage longer working. This publication offers an overview of these labour reforms across 17 European countries. Kliemt & Vollstädt…
Ius Laboris, the Alliance of Global HR lawyers, is happy to announce the launch of the second volume in a new edition of Ius Laboris Guides. Available now, the interactive Guide on Individual Dismissals Across Europe covers the entire process of issuing an individual dismissal and points out pitfalls to avoid. In order to set up operations and manage human resources, international employers increasingly have a…
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…
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. Employment relationships come to an end for…