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Starting as of 17 December 2023, the new (more strict) requirements of the Dutch Whistleblower Protection Act regarding internal reporting procedures for whistleblowers now also apply to midsize employers (those with 50-249 employees). As a result of these new requirements, employers must have an internal reporting procedure in place for the reporting of suspected wrongdoings that sets out, among other things, how the report is…
The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law. Belgium treats pregnancy/maternity as a protected status. When an employer dismisses an employee who is pregnant or has recently given birth, it must be able to prove that the reasons underlying the dismissal are completely…
With the EU’s AI Act coming into force imminently, those designing, developing, and/or deploying AI will need to start getting to grips with the myriad of new obligations, including new cyber security requirements. Among other cyber security requirements, the AI Act introduces a requirement for High Risk systems to be ‘resilient against attempts by unauthorised third parties to alter their use, outputs or performance by…
A recent judgment of the European Court of Justice (ECJ) sheds light on the question of whether a data controller can be exempted from liability for the error of a person acting under its authority. The General Data Protection Regulation (GDPR) provides that a controller or processor is exempt from liability for breaches of the GDPR if it proves that it is not in any…
The 2024-25 Hong Kong Budget unveils a series of strategic policies and initiatives centred around revitalising the Hong Kong economy. The policies include those aimed at bringing in capital, enterprises and talent. In this article, we highlight some of the key initiatives which may be of interest to employers and employees. Salaries Tax The Budget proposes a 100% reduction in the salaries tax payable for 2023-24, subject to a ceiling of HKD 3,000 (approximately EUR 356)….
While AI offers many advantages, employers must remain aware of the risks that a lack of supervision can generate. Avoiding discrimination Discrimination is one of the risks most feared by the intrusion of AI into decision-making processes, particularly in terms of recruitment and candidate selection. Failure to comply with non-discrimination rules exposes the employer to various risks, ranging from the invalidity of the decision in…
Many countries have special tax regimes designed to attract qualified staff from abroad and we will be covering some of these regimes in a series of articles. The first is Italy – for which see below to discover who can benefit and the advantages the regime can bring. Next in the series will be Belgium, France, Spain, Portugal, the Netherlands and others. The Decree replaces…
In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it constitutes a breach by the employee of an obligation arising from the employment contract. According to case law, a private conversation that is not intended to be made…
The EU ‘Brussels I-bis’ regulation designates which country’s court has jurisdiction in international situations. It contains specific procedural rules for employment disputes. These are fixed procedural rules, from which employer and employee may deviate only by mutual agreement. An employer may not deliberately circumvent the procedural rules to the detriment of the employee; if it does so, the consequences can be severe. This is demonstrated by a recent ruling by the…
The gender pay gap has recently been addressed in Brazil by legislation and two subsequent administrative directives. We take a look at how those initiatives might work in practice. In July 2023, Brazil passed a landmark Federal Gender Pay Gap Law which requires large employers to bi-annually report on differences in pay between men and women in management and leadership positions. The law also addresses pay and career discrimination against minorities. Then in November 2023, the…
