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It follows from Danish employment case law that an employer has what is known as ‘management rights’ over its employees. This means, among other things, that an employer can, to a certain extent, issue guidelines relating to employee behaviour. However, there are limits on how intrusive these guidelines can be. In this case, the question was whether a major bank went too far by banning…
What will the new Conservative government mean for immigration law and policy in the UK? Having fought his campaign on the promise to ‘get Brexit done’ it is now certain that Mr Johnson will take the UK out of the EU. With a 78-seat majority, Mr Johnson plans to bring his Withdrawal Agreement Bill back to the commons next Friday and pave the way for…
The Whistleblower Directive was published on 26 November and Member States now have two years to implement it. This article explains the key provisions of the Directive and what it will mean for 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…
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. 1. The ‘social and solidarity economy’ model The scope of the Social and Solidarity…
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. Bulgaria In Bulgaria, the employer’s contribution is from 14.12 percent to 14.82 percent of the employee’s salary, while the employee’s contribution is 10.58 percent. For specific types of work,…
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’)? The legal test for a…
This article initially published on the Open Access Government page on 16 October 2019 explains the current and future effects of the GDPR one year after its implementation. Ius Laboris share their thoughts on what the first year of GDPR looked like and where they see it heading in the future. In the run-up to 25 May 2018, preparations for the implementation of the European…
How does Belgian law safeguard mental health in the workplace? This article describes the law and provides some guidance for employers. The issue of mental health in the workplace According to the Special Eurobarometer produced by the European Commission, almost one in ten Europeans struggles with mental health issues. The World Health Organisation (WHO) estimates that the costs related to mental health problems for the…
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’). The right to be forgotten was…
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…