Italy – benefits for employees of innovative start-ups

In Italy, innovative start-up companies enjoy many benefits, including benefits for their employees. The only companies that can take advantage of these incentives are those that are defined as innovative start-up companies according to the terms of a piece of legislation enacted in 2012, and that are therefore registered in a special section of the register of companies. Registration is only available to companies that…

Italy – how to dismiss an employee for poor performance

Sometimes there’s no alternative but to dismiss an employee for poor performance. This article sets out the circumstances in which dismissal for poor performance can be effected under Italian employment law and it highlights some similarities and differences with other European jurisdictions. In Italy it is possible to dismiss an employee for poor performance and an employee’s performance is an important criterion for assessing whether…

Poland – The Employment Law Outlook For 2018

This article provides a brief summary of the major developments in employment law that have already taken place, or are scheduled or announced in Poland in 2018. Sunday trade ban A partial ban on Sunday trade was introduced as of 1 March 2018 and will be gradually extended. In 2018, it does not include the first and last Sunday of the month and the Sundays…

Italy: Food delivery riders are not employees

On 11 April 2018 an Italian employment tribunal held that riders working for the food delivery app service Foodora were self-employed contractors and not employees. This article describes the background and reactions to the decision. The case Six Foodora riders filed an employment claim before the Turin Employment Tribunal at the end of 2017 claiming: that their contracts should be reclassified as employment contracts; that their termination (they…

Belgium: The consequences of cancer can constitute a disability

In a judgment of 20 February 2018, the Brussels Labour Court decided that the consequences of cancer can constitute a disability for employment law purposes. This ruling has important implications for employers, as failing to adapt working conditions for employees with cancer can now be considered discrimination. Background The worker, employed as a full-time salesperson, had reported to her employer that she had been diagnosed…

The Netherlands – A look ahead to proposed employment law reforms

This article takes a look at employment law reforms planned in the Netherlands by the coalition government formed by Prime Minister Mark Rutte in October 2017. Deregulation of the Labour Relations Assessment Law (law applicable to contractor agreements) As of 1 May 2016, the law on Deregulation of Labour Relations Assessment (‘Wet DBA’) replaced the Employment Status Declaration (‘VAR’). This law is aimed at making…

Poland: Employment Law Review 2017

This article is a short overview of the most significant changes to employment law that took place in Poland in 2017. 1. Monthly minimum wage raised and night allowance changed (from 1 January 2017) In January 2017 the monthly minimum wage became PLN 2,000 gross, including additional associated benefits (e.g. an increased allowance for night work and an increase to statutory severance pay). This applies…

Russia: Employment Law Update 2017 and 2018

This article sets out recent employment law developments in 2017 and 2018 in Russia. New grounds for unscheduled checks by the State Labour Inspectorate On 11 January 2018 the Federal Law No. 502-FZ amending Article 360 of the Labour Code of the Russian Federation (the ‘Law’) entered into force. The Law sets out the following new grounds for unscheduled checks by the State Labour Inspectorate:…

UK: Employment Law Review 2017

The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, prime minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should approach Brexit. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018….

USA: Protection from Discrimination to Breastfeeding Mothers

New Jersey has introduced new employment rights for breastfeeding mothers in the workplace, requiring employers of all sizes to provide employees with time and space to express breast milk. Workplace Protections for Breastfeeding Mothers On 8 January 2018, New Jersey became the 18th US state to enact civil rights protection for breastfeeding mothers. New Jersey’s Law Against Discrimination now expressly prohibits discrimination or retaliation by…