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Employment & Immigration

15 July 2020
Phillipe De Wulf Share-related benefits granted by foreign parent companies: Esko strengthens view that social security contributions are due

Belgium - ALTIUS

Benefits in general – and shares and restricted stock units in particular – attributed by a third party (eg, a foreign parent company) to employees of a Belgian (group) company will, in principle, be subject to Belgian social security contributions. If followed, the Ghent Labour Court of Appeal's recent decision in Esko will make it even harder, if not impossible, for international groups to avoid the payment of social security contributions.

Authors: Phillipe De Wulf, Esther Soetens
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Guy Castegnaro COVID-19: new post-crisis employment law provisions

Luxembourg - Castegnaro

The Law of 20 June 2020 introduces a temporary exemption to certain employment law provisions relating to the state of crisis caused by COVID-19 and modifications to the Labour Code. The law takes over from the grand ducal regulations that implemented certain employment law exemptions based on Article 32(4) of the Constitution, which became obsolete at the end of the state of crisis.

Authors: Guy Castegnaro, Ariane Claverie
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Agnieszka Fedor Anti-crisis shield updates

Poland - Sołtysiński Kawecki & Szlęzak

In response to the COVID-19 pandemic, the government introduced a package of measures known as the 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages, covering topics such as exemptions from social security contributions, downtime relief payments and reduced working time.

Author: Agnieszka Fedor
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Beril Yayla Sapan Termination prohibition, unilateral unpaid leave and short-time working allowance extended

Turkey - Gün + Partners

Pursuant to two presidential decrees recently published in the Official Gazette, the termination prohibition and unilateral unpaid leave, which were to expire by 17 July 2020, have been extended until 17 August 2020. Further, the short-time working allowance granted due to COVID-19 has been extended for one month.

Authors: Beril Yayla Sapan, Asena Aytuğ Keser
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James Davies Local lockdowns: HR and employment law issues

United Kingdom - Lewis Silkin

As national lockdown restrictions begin to ease, employers can expect local lockdowns to become more common. This article explores the relevant HR and employment law issues, including with regard to employee pay, refurloughing and staffing workplaces that are trying to stay open.

Authors: James Davies, Gemma Taylor
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Andrew Osborne Updated guide to immigration implications of COVID-19 for employers

United Kingdom - Lewis Silkin

This article sets out the main immigration law issues and Home Office guidance of which employers need to be aware so that they can consider the implications of the COVID-19 pandemic for their business. It summarises the latest updates and provides further details on issues ranging from logistical considerations to Tier 2 and prevention of illegal working requirements.

Authors: Andrew Osborne, Joanna Hunt, Naomi Hanrahan-Soar, Stephen O'Flaherty
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Rachel B Cowen Preparing for battle: how to build your litigation defences now

USA - McDermott Will & Emery

The employment and business decisions made by employers under the spectre of the unprecedented COVID-19 pandemic are now being tested by opportunistic plaintiffs' lawyers. Employers of all sizes should expect a flood of employment litigation alongside ever-changing conditions, constantly updated guidance and, at times, conflicting state and local guidance. Litigation avoidance will require a team effort and proactive communication – both internally and externally.

Authors: Rachel B Cowen, Brian Mead, Richard I Scharlat
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Recent updates

Jonathan Hughes COVID-19: government financial support for employers

Jersey - Ogier

Authors: Jonathan Hughes, Helen Ruelle, Bruce MacNeil, Will Austin-Vautier
Phillipe De Wulf Reopening your workplace after lockdown: 10 key questions

Belgium - ALTIUS

Authors: Phillipe De Wulf, Esther Soetens
Christopher A Braham Preparing for the unknown: how to anticipate and address future workplace problems

USA - McDermott Will & Emery

Authors: Christopher A Braham, Yesenia M Gallegos, Joseph K Mulherin
Elsebeth Aaes-Jørgensen Anti-discrimination Act disputes: full and final settlements

Denmark - Norrbom Vinding

Author: Elsebeth Aaes-Jørgensen
Patricia Barboza Guidelines on preventing COVID-19 in the workplace

Brazil - CGM Advogados

Authors: Patricia Barboza, Poliana César, Jael Bonilla
Carolyn Soakell Financial support for self-employed extended in line with employee furlough scheme

United Kingdom - Lewis Silkin

Authors: Carolyn Soakell, Shalina Crossley
Michael Paul Agius Abandonment of employment and maternity leave

Malta - Fenech & Fenech Advocates

Author: Michael Paul Agius
Ole Kristian Olsby COVID-19: payroll support for bringing temporarily laid-off employees back to work

Norway - Homble Olsby | Littler

Author: Ole Kristian Olsby