Capstan TV: Employee Violence

French companies looking to restructure or close sites may have to anticipate a lot of employee pushback. Recent press has extensively covered cases where staff did not even shrink from physical violence against managers and senior employees. This of course raises a multitude of questions – how can companies protect themselves and their staff, and not endanger the restructuring process at the same time? In…

Working Time In Europe - How Is It Defined And Is There A Growing Trend To Reduce It?

Working time is one of the most central aspects of the employment relationship. Over the last years, there have been varying developments in the different European countries, from new legislation being adapted to new collective agreements and technological developments, that each in their own way have influenced the way working time is viewed. We provide an overview on those developments. General considerations on working time…

New Zealand: Announcement on pay equity

Today, the government has announced it will update the Equal Pay Act 1972 and amend the Employment Relations Act 2000 to implement recommendations on pay equity.  This announcement signals a significant change to how pay equity claims will be dealt with and has important consequences for employers, especially in female dominated industries. Background Pay equity has come to prominence as a result of legal action…

San Francisco First U.S. City to approve Fully Paid Leave for new parents

On April 5, 2016, San Francisco, California’s Board of Supervisors approved a measure mandating that San Francisco employers provide six weeks of fully paid leave during a calendar year for new parents, including mothers, fathers, and same-sex couples, who either bear or adopt a child.  It is another in a long line of employee-friendly laws recently passed both in California and around the country. The…

Implementation of a cross-border social media strategy

As social media becomes an integral part of business life, we take a look at how international employers can develop and implement a workplace policy in the complex intersection between personal and business lives. Overview Facebook, LinkedIn, Twitter, Instagram, Pinterest – given its growth over the past decade, social media can no longer be avoided by any company. Businesses need to define their approach to…

The HR lawyer's role in a successful global merger

In an increasingly integrated global economy, businesses and their employees progressively find themselves obliged to think and act in accordance with their company’s business strategy, which frequently transcends national borders. Businesses need to appreciate the complexity of the legal process in cross-border mergers and, in particular, the disparities and dissimilarities in local HR law, from jurisdiction to jurisdiction. Based on a case study, we describe…

Extending the scope of a non-compete covenant under Luxembourg law

When faced with the termination of key employees, the issue of non-compete covenants quite often is placed on the agenda. In this regard, one of the most commonly asked questions is how the scope of such agreements can be tailored to encompass as large an area as possible. We introduce the relevant guidelines, as held in a recent Court of Appeal ruling. What was the…

Changing the landscape of Irish employment law – The Workplace Relations Act 2015

The Workplace Relations Act 2015 (“the Act”) came into effect on 1 October 2015 and is designed to dramatically reform the employment law landscape in Ireland. The objective of the Act is to deliver a world-class workplace relations service which is simple to use, independent, impartial and cost effective. New Structure The Act aims to simplify the complex employment dispute resolution system in Ireland. Up…

Impact of the Brussels Ibis Regulation on Employment Law

The so-called „Brussels Ibis Regulation“ has been in force for more than one year now and is still a relative unknown to many employers. We provide a brief overview on the background and impact of said regulation. What is the „Brussels Ibis Regulation“? The regulation (Regulation (EU) n°1215/2012 of 12 December 2012), applicable since 10 January 2015, pertains to the jurisdiction, recognition and enforcement of…

Luxemburg case law update

Consequences of reclassifying a CDD [fixed-term contract] as a CDI [permanent contract] In a ruling on 29 October 2015, the eighth chamber of the Labour Court of appeal judged that in a case of reclassification of a CDD [fixed term contract] as a CDI [permanent contract], the rupture of the working relationship resulting from the expiry of the CDD was attributable to the employer. For…