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Employment & Benefits

January 10 2018
Rhéaume Perreault Dismissals for incompetence: are we moving backward or forward?

Canada - Fasken Martineau DuMoulin LLP

Employers in Quebec that wish to dismiss employees for incompetence may now need to accomplish an additional step before doing so, following the Quebec Superior Court's recent confirmation of an arbitration decision in which an additional criterion was added to those previously established by the Court of Appeal. According to the superior court, employers must also verify whether another more suitable role is available for an employee before proceeding with termination.

Authors: Rhéaume Perreault, Michael Adams
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Viktoria Hybbinette Delimitation between employment and consultancy agreements

Sweden - Wistrand

Companies and individuals acting on the Swedish labour market should be aware of the delimitation in law between consultants and employees. Whether an individual is to be considered a company consultant or an employee will determine the applicability of employment protection and could have significant tax implications affecting both companies and private individuals.

Authors: Viktoria Hybbinette, Justus Pettersson
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Victoria Goode Extending 'off-payroll' worker reforms to private sector

United Kingdom - Lewis Silkin

The chancellor of the exchequer announced in the Autumn 2017 Budget that there would be a consultation in 2018 to tackle non-compliance with IR35 rules in the private sector. While extending the reforms to the private sector might help to level the playing field between it and the public sector, such a change would also increase burdens and costs for businesses.

Author: Victoria Goode
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Recent updates

Richard Lister Workers denied paid holiday can carry over rights until termination

United Kingdom - Lewis Silkin

Author: Richard Lister
Beril Yayla Sapan Amendment of regulation regarding employee consent for overtime

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Melis Sılacı Korkmaz
Laurent Guardelli New definition of 'redundancy'

France - Coblence & Associés

Authors: Laurent Guardelli, Chrystelle Deschamps
Clayton Jones Government enhances maternity leave benefits and protection against workplace harassment

Canada - Fasken Martineau DuMoulin LLP

Author: Clayton Jones
Andrea Nicolò Stanchi Supreme Court finds that whistleblowers cannot be dismissed for just cause

Italy - Stanchi Studio Legale

Author: Andrea Nicolò Stanchi
T C Chiang How to make a post-termination restrictive covenant for non-competition legally binding

Taiwan - Lee and Li Attorneys at Law

Author: T C Chiang
Thomas Rihm Unfair dismissal claim denied following use of false medical certificate

Switzerland - Rihm Rechtsanwälte

Author: Thomas Rihm
Ole Kristian Olsby Government discussion document targets zero-hour contracts

Norway - Homble Olsby Advokatfirma AS

Authors: Ole Kristian Olsby, Nina Elisabeth Thjømøe