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Employment & Immigration

02 December 2020
Annabel Coopman Points for retail sector employers to consider when dismissing employees for economic or technical reasons

Belgium - ALTIUS

The retail sector has been one of the sectors most affected by the COVID-19 pandemic and as a result employers therein might be considering dismissing employees for economic or technical reasons. Employers must be aware that most joint committees in the retail sector have entered into collective bargaining agreements obliging employers to first take measures to avoid dismissals and, if dismissals cannot be avoided, to comply with a specific procedure.

Author: Annabel Coopman
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Alexandra Bognár Limited stay-at-home orders and travel restrictions: what are you allowed to do?

Hungary - Schoenherr

As of 4 November 2020 and 11 November 2020, the government introduced new COVID-19 restrictions, including the limited order to stay at home between 8:00pm and 5:00am. The law treats employment and business-related travel as a key exception from the rules. Thus, for business purposes, not only is cross-border travelling allowed, but so is travelling during curfew hours.

Authors: Alexandra Bognár, Dániel Gera
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Síobhra Rush Is it time for a specific right to disconnect in Ireland?

Ireland - Lewis Silkin

The mass move to homeworking triggered by the COVID-19 pandemic has shone a spotlight on the increasingly blurred boundaries between work and home and reignited the debate on the right to disconnect. Notwithstanding the protection afforded to employees under existing working time rules and health and safety legislation in Ireland, the current legal framework is inadequate to ensure a genuine right to disconnect. It remains to be seen how the government will choose to tackle the issue.

Authors: Síobhra Rush, Declan Groarke
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Ole Kristian Olsby New ruling on principle of equal treatment for hired workers

Norway - Homble Olsby | Littler

The Supreme Court recently ruled on whether hired personnel were entitled to a company bonus on an equal footing with permanent employees and apprentices in the company in which they were hired pursuant to the equal treatment rule in Section 14-12a of the Working Environment Act. This article analyses the ruling and highlights the key points for employers.

Authors: Ole Kristian Olsby, Nina Elisabeth Thjømøe
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Agnieszka Fedor How is remote work regulated in Poland?

Poland - Sołtysiński Kawecki & Szlęzak

During the COVID-19 pandemic many companies have decided to let their employees work from home. However, the issue of remote work is often problematic for Polish employers as it is not regulated in the Labour Code, which regulates only telework. The current regulations have not kept up with the changing circumstances and therefore pose difficulties regarding interpretation for employers. Employers should be careful and monitor both the situation and opinions presented by officials.

Author: Agnieszka Fedor
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Viktoria Hybbinette New rules on posting of workers in Sweden

Sweden - Wistrand

Due to recent changes to the Posting of Workers Act, foreign employers may need to follow Swedish employment conditions for posted employees to a greater extent than before. In addition, Parliament has approved a proposal to introduce a so-called 'economic employer' concept in Sweden. Consequently, many foreign employers will also need to register with the Swedish Tax Agency in order to comply with Swedish tax reporting standards on a monthly basis.

Authors: Viktoria Hybbinette, Justus Pettersson
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Shalina Crossley High Court rules that 'workers' should be protected from health and safety detriment

United Kingdom - Lewis Silkin

The High Court recently ruled that the United Kingdom has failed to properly implement EU health and safety law by restricting protection from detriment on health and safety grounds to 'employees'. The extension of such protection to the broader category of 'workers' potentially increases employers' exposure to COVID-19-related health and safety claims.

Author: Shalina Crossley
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Andrew Osborne Home Office issues new guidance for sponsors

United Kingdom - Lewis Silkin

The Home Office has issued new guidance for sponsors which replaces the Tier 2 and Tier 5 sponsor guidance. It covers the skilled worker, intra-company transfer and temporary worker routes and aims to provide information on sponsorship when these routes are launched from 1 December 2020.

Authors: Andrew Osborne, Naomi Hanrahan-Soar, Stephen O'Flaherty, Joanna Hunt
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Recent updates

Lee Nair Lockdowns and remote working – to what extent can employees be monitored?

United Kingdom - Lewis Silkin

Authors: Lee Nair, Sean Illing
Rayan Houdrouge World's highest minimum wage: Geneva introduces Sfr23 per hour minimum wage

Switzerland - Lenz & Staehelin

Authors: Rayan Houdrouge, Sonia Férial Allal
Rikke Falk Dambo Employees' duty to provide information on inventions

Denmark - Norrbom Vinding

Author: Rikke Falk Dambo
Maury Lobo How has COVID-19 affected employees and workplaces?

Brazil - CGM Advogados

Authors: Maury Lobo, Poliana César
Francesco Pedroni COVID-19: suspension of dismissals and extension of financial support and family leave

Italy - Stanchi Studio Legale

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

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Phillipe De Wulf Employers must provide employees present in workplace with document to certify this fact

Belgium - ALTIUS

Authors: Phillipe De Wulf, Esther Soetens
Rachel DeSanges Expanded powers for Employment and Discrimination Tribunal

Guernsey - Ogier

Authors: Rachel DeSanges, Nathalie Le Cuirot, Robert Clacy