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Employment & Immigration

13 November 2019
Justin P’ng Employer flexibility does not modify employment contracts

Canada - Fasken

Employees sometimes need flexibility to start or leave work at different times than originally agreed with their employer (eg, because of childcare issues). A recent appellate decision confirms that employer flexibility in granting occasional requests does not always modify the underlying employment contract.

Author: Justin P’ng
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Audrey Whyte Disability case: Supreme Court clarifies extent of employers' duty to provide reasonable accommodation

Ireland - Lewis Silkin

A recent Supreme Court decision clarifies the legal principles to be applied to the question of which measures of reasonable accommodation an employer should consider to enable disabled employees to participate in the workforce. While the decision provides welcome guidance on the applicable principles, employers must consider that what constitutes 'reasonable accommodation' will depend on the facts, guided by the reasonableness and proportionality of any appropriate measures proposed.

Author: Audrey Whyte
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Francesco Pedroni How is technology changing employer-employee relationships?

Italy - Stanchi Studio Legale

A recent Padua Labour Court decision affirmed that the traditional concept of subordinated relationships between employers and employees should be redesigned to reflect how changes in technology are reshaping company organisation. This decision is one of the first in which an Italian labour court has considered whether the traditional concept of employment relationships is still valid or if employees' and employers' rights should be considered differently in light of technology's impact on organisations.

Author: Francesco Pedroni
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Jörgen Larsson Proposed modernisation of Swedish labour law

Sweden - Wistrand

The government recently decided to appoint a special investigator to explore the possibilities of modernising some of the basic regulations of Swedish labour law. The investigation aims to explore how Swedish labour law can be modernised and adapted to meet current market needs while maintaining the fundamental and historical balance between the various parties to the labour market.

Authors: Jörgen Larsson, Frida Toveby
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Beril Yayla Sapan Survival of parties' will for penalty clauses in employment contracts

Turkey - Gün + Partners

The Supreme Court General Assembly on the Unification of Judgments recently concluded that penalty clauses agreed for the unjust termination of a fixed-term employment contract before its end date are valid and enforceable even if the contract is deemed to be of an indefinite nature due to a lack of objective conditions required by law to conclude fixed-term contracts.

Authors: Beril Yayla Sapan, Asena Aytuğ Keser
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Lucy Lewis New guidance on use of confidentiality agreements in discrimination cases

United Kingdom - Lewis Silkin

Confidentiality clauses or non-disclosure agreements have become a topic of significant interest because of how they can be used to prevent employees from reporting allegations of sexual harassment or other similar misconduct. The government recently published its response to a consultation on the regulation of confidentiality clauses, which sets out a number of proposals for new legislation in this area.

Author: Lucy Lewis
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