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Employment & Benefits

26 February 2020
Claire Himsl Employees' right to sue for constructive dismissal

Canada - Fasken

Employees should be treated with dignity and respect. Accordingly, employers risk breaching an employment contract by condoning harassment in the workplace and creating a hostile work environment, which – in turn – may give rise to a constructive dismissal claim. Employers facing a constructive dismissal claim resulting from workplace harassment should assess whether the claim falls within the jurisdiction of workers' compensation legislation, rather than the civil courts.

Authors: Claire Himsl, Rachel Kardal
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Hagen Köckeritz Continuation of remuneration in event of illness: uniformity of incapacity

Germany - Mayer Brown

In a recent case, the Federal Labour Court once again had to consider an employee's claim for continued remuneration in case of illness. The decision confirmed that an employee's statutory entitlement to continuation of remuneration is limited to six weeks even if they are suffering from an ongoing illness and, during that time, begin suffering from a different illness which also results in their incapacity to work (the so-called 'uniformity of incapacity' principle).

Author: Hagen Köckeritz
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Ole Kristian Olsby Workforce reductions and length of service

Norway - Homble Olsby | Littler

A recent Supreme Court ruling states that the principle of length of service affects companies' possibility to limit the scope for workforce reductions. This applies to companies bound by a collective bargaining agreement that contains a provision concerning the use of length of service in workforce reductions.

Author: Ole Kristian Olsby
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Karolina Kanclerz Temporary posting of employees to Poland continues to be problematic

Poland - Sołtysiński Kawecki & Szlęzak

Despite the fact that almost four years have passed since the Act of 10 June 2016 on the posting of workers as part of the provision of services entered into force, its application continues to be problematic for foreign employers posting workers to Poland, particularly in regard to keeping and storing records regarding a posted employee's working time. This article answers the key questions raised by the issue.

Author: Karolina Kanclerz
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Luke Tapp Impact of share or asset sales on employees

United Arab Emirates - Pinsent Masons

Share or asset sales can significantly affect employees, particularly with regard to dismissal. This article answers the key questions that all employers should consider when undertaking a share or asset sale, including whether employers must consult with employees beforehand and what protections employees have against dismissal in the context of a share or asset sale.

Authors: Luke Tapp, Andrea Hewitt-Sims, Ruth Stephen
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Victoria Goode Too little, too late? IR35 changes announced

United Kingdom - Lewis Silkin

In a welcome but late move, Her Majesty's Revenue and Customs (HMRC) has confirmed that the imminent IR35 reform will apply only to supplies of labour provided on or after 6 April 2020. With less than two months to go before the change takes effect, many businesses will consider HMRC's announcement and its recently issued detailed guidance too little too late as they grapple with the significant administrative burden and cost implications of the reform.

Author: Victoria Goode
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Recent updates

Shay Teken Employees' social rights: Employment of Women Law

Israel - Fischer Behar Chen Well Orion & Co

Authors: Shay Teken, Moran Friedman
Mikaël Maher Religious freedom versus occupational health and safety

Canada - Fasken

Author: Mikaël Maher
Ole Kristian Olsby Gender equality: further duties for employers

Norway - Homble Olsby | Littler

Author: Ole Kristian Olsby
Patricia Barboza What is PM 905 and will it lead to another labour reform in Brazil?

Brazil - CGM Advogados

Authors: Patricia Barboza, Maury Lobo
Amy Nevins Introduction of paid parental bereavement leave confirmed

United Kingdom - Lewis Silkin

Author: Amy Nevins
Jörgen Larsson Workplace harassment: employers' responsibilities and dismissal options

Sweden - Wistrand

Authors: Jörgen Larsson, Viktoria Hybbinette
Pooja Ramchandani Rainbow workplaces: Transgender Persons Act

India - Shardul Amarchand Mangaldas & Co

Authors: Pooja Ramchandani, Suryansh Gupta
Mattea Pullicino Maltese perspective on EU Whistleblowing Directive

Malta - Fenech & Fenech Advocates

Author: Mattea Pullicino