In a recent case, a court ruled that an employer's summary dismissal of a manager was justified, since the manager had entered into a contract with one of the employer's business partners without the employer's approval. The case highlights the difficult considerations regarding evidence that employers must make before making a choice of disciplinary action – especially in situations where the course of events can be proven only through witness statements.
The COVID-19 pandemic has undoubtedly changed the way in which businesses are run and to a certain extent normalised remote-working arrangements. The Office of the Privacy Commissioner for Personal Data recently issued three guidance notes relating to working-from-home arrangements. This article summarises the guidelines' key recommendations for employers and employees, particularly with regard to the use of videoconferencing software.
Ongoing monitoring of the latest legislative changes is an essential part of HR departments' work. To help employers, this article highlights the most significant legislative changes so far in 2021, including with regard to blood donors being awarded an additional day off work, the extension of the additional carers' allowance and the National Labour Inspectorate's inspection plan for 2021.
Whether an employee can make use of previously attained know-how, knowledge and skills in a new position is largely governed by the Trade Secrets Act, as well as the particular circumstances at hand and the employee's actions. In a recent case, the Labour Court departed from the principles set out in its earlier case law and implemented a new method for calculating damages in trade secret employment cases.
As part of the COVID-19 crisis package, the government has proposed to extend the schemes for sickness benefits, the jobseekers' work assessment allowance, unemployment benefits and employers' expenses relating to foreign nationals' entry quarantine and employees' quarantine hotel stays.
Since 2018 companies have had an obligation to guarantee employees' right to disconnect – that is, disengage from work-related electronic communications – in order to ensure that employees take daily and weekly rest periods and their annual leave. The Madrid High Court of Justice recently clarified that employees' right to disconnect does not prevent employers from requesting employees to provide services outside their usual working hours.
An amendment to the Federal Labour Law was recently published in the Federal Official Gazette, regulating employment relationships under the modality of remote working. This article answers employers' and employees' questions on the reform, including with regard to the definition of 'remote working', employers' special obligations with respect to remote workers and the introduction of flexible working hours for remote workers.
In the wake of the COVID-19 pandemic, the government commissioned the so-called 'social partners' (ie, the Chamber of Commerce representing employers and labour unions acting on behalf of employees) to negotiate and present a bill on working from home that Parliament can pass into law as the new standard on the matter. The new framework will cover various issues – from contractual provisions and co-determination by works councils to recommendations on occupational safety.
The Supreme Court has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed into the Uber app and ready to work. As the Supreme Court has dismissed Uber's appeal, the case will now return to the employment tribunal to decide the substantive claims, which concern holiday pay and minimum wage.
Employers are facing many difficult and untested employment law issues as the United Kingdom rolls out its COVID-19 vaccination programme. These FAQs cover whether employers can make vaccination compulsory for employees, alternatives to a mandatory requirement, time off for vaccine appointments, handling vaccine objectors, data privacy concerns and other issues.
Italy has ratified the International Labour Organisation Violence and Harassment Convention, which will have a significant impact on employment law. Employers will have concrete new obligations with respect to a broader range of behaviours, involving a larger number of people and situations. This will affect the regulations that employers must implement internally and their responsibility for health and safety in the workplace (and work-related situations).
The Law of 15 December 2020 modifying the Labour Code in order to transpose the EU Posted Workers Directive recently entered into force. This article highlights the main new points of attention for employers and employees, including with regard to the extension of mandatory provisions that employers must respect, the principle of equal treatment in terms of remuneration and work postings organised by temporary agencies.
This article presents a brief summary of the key changes that employers and employees will have to face in 2021, including with regard to the increase in the minimum wage, the obligation to notify contracts for specific work, remote working, COVID-19 vaccination and audits relating to use of anti-crisis shield instruments.
The Constitutional Court has once again considered the rights of personal data protection and the freedom of communication in an employment context following an employer's inspection of an employee's corporate email account and the termination of the employee based on the outcome of such inspection. The decision draws attention to the importance of the explicit information requirement in inspections conducted by employers and sheds light on the application of the principle of proportionality.
The government has proposed to extend until 1 July 2021 both the period in which the increased daily unemployment benefit rate applies and the temporary lay-off period. The government stated that the extended measures aim to give employees and employers more predictability during a difficult time.
Tier 2 (General) migrants cannot have a shareholding of more than 10% in their limited company sponsor; however, the skilled worker route does not include this restriction. How can a Tier 2 (General) migrant take advantage of this change if they are offered a shareholding that would take them above the 10% threshold? The lifting of the maximum shareholding requirement for the skilled worker route should open doors to more businesses and business founders wishing to work in the United Kingdom.
In an effort to eradicate COVID-19, vaccines have been developed at a rapid pace. Employers are now contemplating imposing workplace-wide vaccination programmes in order to bring back available workforces and increase operational efficiency. Is this legally permissible?
The Supreme Court recently pronounced a judgment in which a female employee was awarded damages for non-economic loss after being subjected to sexual harassment by customers. The verdict provides useful clarifications regarding the conditions, and especially the lower limit, for sexual harassment. For employers, the various aspects of the matter are a reminder of the importance of complying with their duty to actively prevent and seek to prevent sexual harassment in the workplace.
Without a doubt, the COVID-19 pandemic dominated 2020, affected the business world and forced employers to adapt to new conditions. The legislative work of 2020 focused mainly on counteracting the COVID-19 pandemic's impact by supporting employers and preserving jobs. This article presents a brief summary of the key changes that employers and employees had to face in the difficult year of 2020.
The Immigrant Investor Programme offers non-EEA nationals a route to residency in Ireland by offering four investment options to investors who satisfy certain criteria – namely, that they are of good character and have a minimum net worth of €2 million. This article discusses how the programme works, its benefits and how high-net-worth individuals can use it as a means of obtaining residency rights in Ireland.