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Employment & Immigration

18 November 2020
Phillipe De Wulf Employers must provide employees present in workplace with document to certify this fact

Belgium - ALTIUS

The new Ministerial Decree of 1 November 2020 stipulates that, until 13 December 2020, all workers must telework. However, an exception applies when either an employee's role or the continuity of business operations, activities and services does not allow for teleworking. In such cases, employers must provide the worker with a certificate or other supporting document attesting that their presence in the workplace is needed. The minister of internal affairs has already announced that inspections will be organised.

Authors: Phillipe De Wulf, Esther Soetens
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Rikke Falk Dambo Legislative programme for 2020/2021 parliamentary year: impact on employment law

Denmark - Norrbom Vinding

Against the backdrop of the COVID-19 pandemic, the government has published the legislative programme for the 2020/2021 parliamentary year, which includes bills relating to, among other things, maternity leave and sickness benefits, the reporting of occupational accidents, the state retirement age, compensation in regard to workplace violence and protection against discrimination for lesbian, gay, bisexual, transgender and intersex people.

Author: Rikke Falk Dambo
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Rachel DeSanges Expanded powers for Employment and Discrimination Tribunal

Guernsey - Ogier

The Employment and Tribunal (Guernsey) Order 2020 enhances the tribunal's powers to dismiss or strike out complaints without merit. This is fantastic news for both employers and employees with valid defences or claims facing unnecessarily difficult opponents. The tribunal's powers are now significantly increased to be able to dismiss unmeritorious claims at the outset and bring cases to an end at any stage of proceedings where the conduct of either side becomes unacceptable.

Authors: Rachel DeSanges, Nathalie Le Cuirot, Robert Clacy
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Francesco Pedroni COVID-19: suspension of dismissals and extension of financial support and family leave

Italy - Stanchi Studio Legale

Law Decree 137/2020, the so-called 'Ristori Decree', recently came into force. This article provides a summary of the relevant provisions of immediate interest relating to employment, including the suspension of dismissals, financial support available to companies and family leave relating to a child's school suspending teaching.

Author: Francesco Pedroni
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Guy Castegnaro COVID-19: temporary exemption from maximum working hours

Luxembourg - Castegnaro

The Law of 29 October 2020 recently entered into force, introducing a temporary exemption from Article L 211-12 of the Labour Code whereby maximum working hours can be increased to 12 hours per day and 60 hours per week. This exemption relates only to employees working in the health sector, employees working in the care sector and supervisory staff working in care homes for minors who are in custody. Employers must apply for authorisation from the minister of labour.

Authors: Guy Castegnaro, Ariane Claverie
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Andrew Osborne Q&A on new immigration system

United Kingdom - Lewis Silkin

Employers have lots of questions regarding the new immigration system that will apply in 2021, particularly with regard to the Skilled Worker visa, which will replace Tier 2 (General) from 1 January 2021. This Q&A – based on questions asked by attendees to a recent webinar – answers employers' main questions.

Authors: Andrew Osborne, Joanna Hunt, Naomi Hanrahan-Soar, Stephen O'Flaherty
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Carolyn Soakell Self-employed financial support extended until April 2021

United Kingdom - Lewis Silkin

The government's Coronavirus Self-Employment Income Support Scheme has been extended for a further six months, providing two further three-month grants after the expiry of the second grant period. Chancellor of the Exchequer Rishi Sunak has announced that all three months of the third grant will be calculated at 80% (with a £7,500 cap), which will no doubt be welcome news for the self-employed as England enters its new lockdown.

Author: Carolyn Soakell
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Recent updates

Andrew Osborne MAC commissioned to report on intra-company transfers

United Kingdom - Lewis Silkin

Authors: Andrew Osborne, Tyler Jones
Beril Yayla Sapan Termination prohibition, unilateral unpaid leave and short-time working allowance extended once again

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser
Luke Tapp Private sector equal pay law now in force

United Arab Emirates - Pinsent Masons

Authors: Luke Tapp, Ruth Stephen, Michael Chattle
Patricia Yeung Statutory maternity leave to be extended to 14 weeks

Hong Kong - Howse Williams 何韋律師行

Author: Patricia Yeung
Miriam Bruce €35.3 million fine issued under GDPR for employee monitoring and IT security failings

Germany - Mayer Brown

Authors: Miriam Bruce, Francesca Ingham, Vanessa Klesy, Ana Hadnes Bruder
Amit Bechler COVID-19: entry of foreign executives and businesspeople

Israel - Fischer Behar Chen Well Orion & Co

Author: Amit Bechler
Paul Gonzi Impact of ECJ case regarding temporary agency workers on Maltese law

Malta - Fenech & Fenech Advocates

Author: Paul Gonzi
Jakob Widner Competitive actions by employees through intermediaries: imputation of liability and restrictive covenants

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Jakob Widner