Belgium: New pension matter

The Supreme Court ruled in a judgment of 6 March 2017 that the organiser of a pension promise must cover deficits of the vested reserves, as well as deficits regarding the minimum guaranteed return, no matter the causes of the deficits. Article 30 of the Act of 28 April 2003 on Occupational Pensions (“AOP”) states that an organiser must cover deficits of the vested reserves,…

Luxembourg: Draft Grand-Ducal regulations on staff delegation

On 8 March 2017, the Council of Government (hereinafter “the Council”) agreed with three draft Grand-Ducal regulations on the appointment and functioning of the staff delegation. The first draft of the grand-ducal regulation endorsed by the Council aims at modernising electoral operations for the appointment of staff delegates. In particular, it provides for the possibility of using an electronic voting system for this election. The…

Luxembourg: Overtime vs Senior executive

On 15 December 2016, the Court of Appeal ruled on the classification of senior executive and the right to claim overtime pay. An employee employed as a mechanic in 1991 was assigned to the sales department of the employer’s garage as a salesperson in 2001, before being promoted to head of sales in March 2012. Then, through a new addendum to his employment contract in…

#Brexit: What is likely to happen?

The UK triggered Article 50 on 29 March 2017 giving two years’ notice to leave the EU. Negotiations will now start on the terms of exit. The EU has made it clear that only when sufficient progress has been made with these negotiations will it be prepared to start negotiations on the UK’s on-going relationship with the EU. It seems highly likely that these exit…

Religion in the workplace: French perspective

The European Court of Justice (ECJ) recently issued two rulings, on 14 March 2017, regarding religion in the workplace, one a Belgian case, the other a French one. On 15 March 2017, we reported on the Belgian case in detail (see: European Court of Justice Rules for the first time on Discrimination Based on Belief). In what follows, we set out our reaction to the…

UK: New apprenticeship levy

  The UK Government has committed to boost productivity by increasing the quantity and quality of apprenticeships. It aims to create three million apprenticeships by 2020 and introduce new apprenticeship standards. To help to fund this initiative, an apprenticeship levy will apply from 6 April 2017. Employers with a wage bill of more than GBP 3 million will pay an annual levy of 0.5%. Details of…

The right to be forgotten - ECJ ruling on Italian data protection case

The European Court of Justice (ECJ) recently ruled on an Italian case in which the director of a company, a Mr Manni, had brought an action against the Lecce Chamber of Commerce. He had built a tourist complex in Italy, but argued that the properties had failed to sell because it was apparent from the companies register that he had been involved in a company…

European court of justice rules on discrimination based on belief

The ECJ has ruled on a Belgian case about whether an employer can justify having a neutral dress policy and on a French preliminary question on a similar theme. It confirms that a dress code aimed at neutrality can be used to justify discrimination based on belief. In the Belgian case, a female receptionist was employed by a Belgian business. The business had an internal…

U.S.: New employment law regulations in 2017

It has been a little more than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect businesses and employees. President Trump is certainly business-minded and has promised to focus on creating American jobs and incentives for businesses that bring jobs back from overseas. However, he has also presented himself as…

Germany: New employment law regulations in 2017

The following remarks are intended to provide a short outlook on the significant amendments to employment law in Germany in 2017. From 1 January 2017, several changes to German Labour Law took effect. The statutory minimum wage was increased from EUR 8.50 to 8.84 gross per hour, the rights of temporary employees have been strengthened and certain abuses of work contracts have been prevented. From…