Integration and inclusion: How Spain is paving the way with its new immigration rules

On 19 November 2024, a Royal Decree was published which approves a new regulation on the rights and freedoms of foreigners in Spain and their social integration. This Royal Decree introduces new reforms approved by the Council of Ministers aimed at improving the integration of migrants in Spain. The new regulation is adapted to the current migratory situation and EU directives addressing labour market demands…

Big fines for anti-competitive practices in Belgium

The Belgian Competition Authority recently rendered a decision imposing significant fines totaling EUR 47 million on competitors guilty of a variety of anti-competitive agreements, including ‘no-hire’ clauses. A ‘no-hire’ agreement (also called a ‘non-poaching’ agreement) is an agreement that one employer will not recruit or hire another employer’s employees. In some limited contexts (primarily in service contracts), these agreements may be enforceable. Significantly, however, the…

Double discrimination against part-time workers

The European Court of Justice recently found that a collective agreement provision on overtime pay potentially violated the prohibition of discrimination against part-time employees as well as the prohibition of discrimination on grounds of gender. EU law prohibits employers from treating part-time employees less favourably than comparable full-time employees, unless such treatment is justified by objective reasons. EU law also prohibits direct and indirect discrimination…

Workplace accidents: when are employers legally required to report?

When does the obligation to report a workplace accident arise? Should an accident at work report be made when the circumstances around a reported accident seem doubtful or unlikely? Or when the employee who was involved in an alleged accident does not seem to show any injuries and does not provide a medical certificate? Or when the employee’s injuries seem likely to be attributable to…

Using fingerprints for time recording may violate GDPR

In a recent decision, the Litigation Chamber of the Belgian Data Protection Authority (DPA) indicated that it is unlikely that valid consent to the processing of biometric data can be given in the context of an employment relationship. The employee in this case was first employed as a temporary worker and then as an employee of the employer. The employer used a time recording system based on fingerprints….

Remote working in the technological age

The opportunity for employees to work from a location of their choice has become the new normal. Remote working offers numerous advantages for employees, including increased flexibility, a better work-life balance, and increased employee satisfaction. This in turn can benefit employers through higher productivity and better employee motivation. Employers also benefit from reduced costs for office space and other operating costs. And remote working is…

Beyond AI: technologies shaping the future of work

It’s not just AI that’s going to impact our future. Other technologies are also advancing at an exceptional pace and are promising groundbreaking developments. Internet of Things (IoT) One such technology is the Internet of Things (IoT). The IoT consists of networks of physical objects with sensors, software, and connectivity devices inserted into them. These ‘smart’ appliances collect and exchange data, communicating with each other…

Hungary drops most ‘fitness for work’ health assessments

Under Hungarian law, employers have a duty to ensure that employees can work safely and without risk to their health. One way of ensuring this was through mandatory occupational health assessments. Before 1 September this year, all employers had to have a medical service provider (a so-called company doctor) and all employees had to undergo a medical examination before starting work. Periodic and, in justified…

Potential changes to holiday pay

An investigation requested by the Norwegian government has proposed changes in how holiday pay is accrued and paid out in Norway. Current Regulations Unlike most other European countries, holiday and holiday pay are separate rights in Norway. While all employees are legally entitled to holidays from their first year of employment, holiday pay is currently paid out the year after it is earned (the qualification…

Italy makes important changes to disability law

On 30 June 2024, a Legislative Decree came into force that introduced important changes to national legislation on disability. This decree is the latest of several recent legislative decrees implementing the 2021 delegation law on disability, which were necessary to adapt the Italian legal system to United Nations and EU guidance on the rights of persons with disabilities.  The implementing legislative decrees published to date are the following:  a decree…