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Employment & Benefits

11 December 2019
Patricia Barboza Superior Labour Court rules out simultaneous use of hazard allowance and risk premium

Brazil - CGM Advogados

The Labour Code provides for two payments which eligible employees can receive in addition to their base salary: the hazard allowance and the risk premium. Since 2015, the Superior Labour Court panels have issued conflicting decisions on whether employees can receive the hazard allowance and the risk premium simultaneously. Now, the Superior Labour Court has determined that the additional payments cannot be received simultaneously, even if employees are exposed to different adverse conditions.

Authors: Patricia Barboza, Poliana César
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Guy Castegnaro Moral harassment in the workplace: what is Luxembourg's stance?

Luxembourg - Castegnaro

The International Labour Conference recently adopted Convention 190 on Violence and Harassment at Work, which reminds member states of their responsibility to promote a general environment of zero tolerance. In its preamble, the convention states that violence and harassment in the world of work can be a violation of human rights and threaten equal opportunities and are incompatible with decent work. But what is the legal framework in Luxembourg?

Authors: Guy Castegnaro, Ariane Claverie
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Thomas Rihm Salary insurance for employee illness

Switzerland - Rihm Rechtsanwälte

If employees become ill through no fault of their own and are therefore unable to work, they are still entitled to a wage. Employers' obligation to continue to pay wages is governed by Article 324a of the Code of Obligations. Employers may release themselves from this obligation if they offer employees health insurance for a daily allowance. The Federal Supreme Court has formulated the requirements for employee health insurance.

Author: Thomas Rihm
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Riza Gümbüşoğlu Constitutionality of 5% interest rate payment rule under Press Labour Law

Turkey - Gün + Partners

The Constitutional Court recently found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. The court ruled that this requirement places an excessive burden on employers and may result in journalists' unjustified enrichment. Therefore, the court repealed the provision on the grounds that it breached the principles of proportionality and equality.

Authors: Riza Gümbüşoğlu, Beril Yayla Sapan
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Hazel Oliver Election manifestos – what are the main parties pledging on employment issues?

United Kingdom - Lewis Silkin

Despite the dominance of Brexit, employment issues are one of the main election battlegrounds for all of the major political parties. There is a particular focus on current hot topics, including insecure work and the gig economy, the gender (and other) pay gaps and new mechanisms for enforcing employment rights. This article covers the key employment measures that have been proposed by the Conservatives, Labour, the Liberal Democrats, the Green Party and the Scottish National Party.

Authors: Hazel Oliver, Terrel Douglas
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Recent updates

Marie Behle Pondji Employee surveillance in GDPR era

Luxembourg - Castegnaro

Author: Marie Behle Pondji
Agnieszka Fedor Amendments to Code of Civil Procedure

Poland - Sołtysiński Kawecki & Szlęzak

Authors: Agnieszka Fedor, Agata Miętek
Kerry Salisbury Strike injunction refused because ballot notification complied with legal requirements

United Kingdom - Lewis Silkin

Authors: Kerry Salisbury, Taya Sayekaya
Michael Paul Agius Copyright, patents and the Trade Secrets Act – are employers now protected?

Malta - Fenech & Fenech Advocates

Author: Michael Paul Agius
Yvonne Frederiksen Are employers responsible for others' behaviour?

Denmark - Norrbom Vinding

Author: Yvonne Frederiksen
Solomon Oshinubi Ministerial consent for release of oil and gas workers: unwarranted interference in employment contracts

Nigeria - Bloomfield Law

Authors: Solomon Oshinubi, Adekunle Obebe
Pooja Ramchandani Regulating India's gig economy

India - Shardul Amarchand Mangaldas & Co

Authors: Pooja Ramchandani, Srinivas Raman
Tala Khoury Unionising the gig economy: contractor or employee?

Canada - Fasken

Author: Tala Khoury

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