New rules for the posting of workers to Germany

Since 30 July 2020, new regulations apply to the posting of workers to Germany (as well as to the posting of workers to other EU member states). The EU Directive 2018/957 amending the Posted Workers Directive 96/71/EC, has – after a lengthy legislative process – been implemented into German law. The resulting amendments to the German Posted Workers Act (Arbeitnehmerentsendegesetz, AEntG), which regulates the rules…

Pension reform in the Netherlands: changes ahead for employers

A wholesale reform of the Dutch pension system is underway and is likely to be implemented on 1 January 2022. This article sets out the proposed changes and their impact on employers in the Netherlands. Dutch pension reform impacts all pension schemes Social partners and government have agreed on a drastic reform of the Dutch pension system. At the latest per 1 January 2026, pension…

What does the COVID-19 tier system mean for offices in England?

Regulations underpinning the 3-tier lockdown system are now in force in England, as part of the government’s efforts to step up its response to the pandemic. This article considers if the new regulations demand a stricter approach to office work and meetings. The current work from home guidance On 22 September, the government changed its guidance on office workers in England and advised that they…

How to deal with ex-employees’ email accounts: the Belgian DPA strengthens its position

The Belgian DPA has recently fined a company for delaying the closure of ex-employees’ email accounts. The Belgian Data Protection Authority (DPA) recently decided to impose an administrative fine of EUR 15,000 on a company that only closed email addresses linked to employees (surname and first name) who had left the company after 2.5 years. According to the DPA, non-closure of these email addresses constitutes…

COVID crisis-related assistance for employers with pension provision in the Netherlands: what is available?

Employers in the Netherlands suffering from the effects of the COVID-19 crisis are entitled to assistance in managing their pension liabilities. This article provides details. At the very beginning of the COVID crisis in March, it was announced that pension providers would accommodate employers facing financial problems due to the COVID crisis as much as possible. The Dutch Labour Foundation, the Pension Federation and the…

Newly extended presumption that COVID-19 illness or death for workers is an occupational injury takes effect in California: what conditions apply?

A new Bill in California confirms and extends the presumption that illness or death related to COVID-19 is an occupational illness. This article examines the conditions for the presumption to apply and the circumstances in which employers will be able to dispute it. On 17 September 2020, California Governor Gavin Newsom signed into law a bill (Senate Bill 1159, the ‘Bill’) which modifies and extends…

Face coverings and the workplace: guidance from the UK

This article discusses the current rules regarding face coverings at work in the UK and some of the practical issues that arise for employers. At the end of August there were reports of a ‘debacle’ on a flight from the Greek island of Zante to Cardiff, which resulted in 193 passengers and crew facing two weeks‘ self-isolation. The incident prompts several questions, not just for…

‘NOW’ and the future: Netherlands extends Covid-19 assistance to employers

On 28 August, the Ministry of Economic Affairs and Climate announced that the NOW job retention scheme will be extended for three three-month periods starting from 1 October. The temporary emergency scheme for job retention (NOW) in the Netherlands provides compensation for the wage costs of employers who expect a significant loss of turnover due to the Covid-19 crisis. NOW 3.0 represents the second extension and…

How can UK employers manage immigration and travel for European employees in 2021 and beyond?

EEA nationals and their employers are now turning their minds towards how frequent business/work travellers and cross-border commuters can continue to come to the UK from 2021. For some, the best solution may be offered by the EU Settlement Scheme (EUSS), but there are also other options to consider. This article is not intended to cover the position for Irish citizens, who will continue to…

COVID-19: what regulatory action are governments taking on pensions in the UK and beyond?

The UK Government and the Pensions Regulator have been very active over the past few months, introducing financial assistance, regulatory flexibilities and guidance aimed at helping employers and pension schemes to deal with the impact of COVID-19. This article provides details, followed by a comparison with other jurisdictions. Delaying or reducing pension scheme contributions To try and help employers to ease cash flow problems caused…