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Employment & Benefits

19 June 2019
Shane D Todd Government publishes new violence and harassment prevention regulations for federal employers

Canada - Fasken

The federal government has published the draft Workplace Harassment and Violence Prevention Regulations. The regulations will support the recently passed Bill C-65 and will replace the current workplace violence obligations in the Canada Occupational Health and Safety Regulations, as well as certain related provisions in the Maritime Occupational Health and Safety Regulations and the On Board Trains Occupational Safety and Health Regulations.

Authors: Shane D Todd, Cathy Chandler
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Rachel Richardson Often overlooked competition law aspects of restrictive covenants in contracts

Guernsey - Ogier

The perennial conversations around restrictive covenants in employment contracts and service contracts of a similar nature are familiar. Employers want maximum restriction on employees who leave but must be careful not to overstep the mark as covenants which are unduly restrictive risk being struck out by the courts.

Authors: Rachel Richardson, Andrew Munro
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Pooja Ramchandani To compete or not to compete – that is the question

India - Shardul Amarchand Mangaldas & Co

Non-compete restrictions are the tool most commonly used by employers to protect their proprietary interests following the end of an employment relationship, particularly in the case of C-suite employees. However, non-compete restrictions which apply beyond the term of an employment relationship are generally unenforceable in India. That said, this does not mean that employers have no recourse whatsoever.

Authors: Pooja Ramchandani, Vaibhav Bhardwaj
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Ole Kristian Olsby Supreme Court rules on threshold for amendment terminations

Norway - Homble Olsby | Littler

The Supreme Court recently ruled in a case concerning the validity of an amendment termination. In its decision, the court commented on the difference between the threshold for amendment terminations and that for ordinary complete terminations of employment. Although the matter at hand was regulated by the Ship Employee Act, the Supreme Court's judgment is relevant for amendment terminations under the Working Environment Act.

Authors: Ole Kristian Olsby, Lise Gran
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Carolyn Soakell Court of Appeal rules on liability of overseas co-workers for whistleblowing

United Kingdom - Lewis Silkin

In an unusual case of whistleblowing detriment brought by an overseas employee against two co-workers (also based overseas), the Court of Appeal has ruled that the employment tribunal in question had no jurisdiction to hear the claim in relation to personal liability of the co-workers because they were outside the scope of UK employment law. The decision may have implications for other types of claim brought by employees posted overseas where similar personal liability provisions apply.

Authors: Carolyn Soakell, Gemma Taylor
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Recent updates

Stuart Blaugrund Practical insights for employers considering mandatory arbitration programmes following Epic Systems

USA - Dentons US LLP

Authors: Stuart Blaugrund, Brian S Cousin, Richard I Scharlat
Raphaël Buruiana Discrimination in the hiring process: what remedies are available to candidates?

Canada - Fasken

Author: Raphaël Buruiana
Charlotte Morgan Good Work Plan – first steps down the path

United Kingdom - Lewis Silkin

Author: Charlotte Morgan
Guy Castegnaro Changes to co-financing of vocational training

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
César Navarro Daily recording of working hours: FAQs

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, Elena Esparza
Sören Seidel EU member states must require employers to record working time systematically

European Union - Allen & Overy LLP

Author: Sören Seidel
Mattea Pullicino Employers should wait for criminal court decisions before terminating employment

Malta - Fenech & Fenech Advocates

Author: Mattea Pullicino
Francesco Pedroni Supreme Court defines limits of immunity of foreign states from Italian jurisdiction in employment lawsuits

Italy - Stanchi Studio Legale

Author: Francesco Pedroni