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Employment & Immigration

03 March 2021
Jakob Widner New legal framework for working from home

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

In the wake of the COVID-19 pandemic, the government commissioned the so-called 'social partners' (ie, the Chamber of Commerce representing employers and labour unions acting on behalf of employees) to negotiate and present a bill on working from home that Parliament can pass into law as the new standard on the matter. The new framework will cover various issues – from contractual provisions and co-determination by works councils to recommendations on occupational safety.

Author: Jakob Widner
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Elsebeth Aaes-Jørgensen Employee dismissed because she went behind employer's back and worked with business partner

Denmark - Norrbom Vinding

In a recent case, a court ruled that an employer's summary dismissal of a manager was justified, since the manager had entered into a contract with one of the employer's business partners without the employer's approval. The case highlights the difficult considerations regarding evidence that employers must make before making a choice of disciplinary action – especially in situations where the course of events can be proven only through witness statements.

Author: Elsebeth Aaes-Jørgensen
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Patricia Yeung Protecting personal data under working-from-home arrangements

Hong Kong - Howse Williams 何韋律師行

The COVID-19 pandemic has undoubtedly changed the way in which businesses are run and to a certain extent normalised remote-working arrangements. The Office of the Privacy Commissioner for Personal Data recently issued three guidance notes relating to working-from-home arrangements. This article summarises the guidelines' key recommendations for employers and employees, particularly with regard to the use of videoconferencing software.

Author: Patricia Yeung
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Francisco Peniche Beguerisse Remote working reform enters into force

Mexico - Creel, Garcia-Cuellar, Aiza y Enriquez, SC

An amendment to the Federal Labour Law was recently published in the Federal Official Gazette, regulating employment relationships under the modality of remote working. This article answers employers' and employees' questions on the reform, including with regard to the definition of 'remote working', employers' special obligations with respect to remote workers and the introduction of flexible working hours for remote workers.

Authors: Francisco Peniche Beguerisse, Julio R Álvarez Ortega
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Ole Kristian Olsby Sickness benefits, work assessment allowance, unemployment benefits and entry quarantine rules extended

Norway - Homble Olsby | Littler

As part of the COVID-19 crisis package, the government has proposed to extend the schemes for sickness benefits, the jobseekers' work assessment allowance, unemployment benefits and employers' expenses relating to foreign nationals' entry quarantine and employees' quarantine hotel stays.

Authors: Ole Kristian Olsby, Nina Elisabeth Thjømøe
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Agnieszka Fedor Recent legislative changes: everything HR departments need to know

Poland - Sołtysiński Kawecki & Szlęzak

Ongoing monitoring of the latest legislative changes is an essential part of HR departments' work. To help employers, this article highlights the most significant legislative changes so far in 2021, including with regard to blood donors being awarded an additional day off work, the extension of the additional carers' allowance and the National Labour Inspectorate's inspection plan for 2021.

Authors: Agnieszka Fedor, Magdalena Krupska-Kacprzyk
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César Navarro Employees' right to disconnect

Spain - CMS Albiñana & Suárez de Lezo

Since 2018 companies have had an obligation to guarantee employees' right to disconnect – that is, disengage from work-related electronic communications – in order to ensure that employees take daily and weekly rest periods and their annual leave. The Madrid High Court of Justice recently clarified that employees' right to disconnect does not prevent employers from requesting employees to provide services outside their usual working hours.

Authors: César Navarro, Elena Esparza, Carmen Bardi, María José Ramos
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Viktoria Hybbinette Labour Court rules on awarding damages under Trade Secrets Act

Sweden - Wistrand

Whether an employee can make use of previously attained know-how, knowledge and skills in a new position is largely governed by the Trade Secrets Act, as well as the particular circumstances at hand and the employee's actions. In a recent case, the Labour Court departed from the principles set out in its earlier case law and implemented a new method for calculating damages in trade secret employment cases.

Authors: Viktoria Hybbinette, Gustav Sandberg
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Colin Leckey Supreme Court confirms that Uber drivers are workers

United Kingdom - Lewis Silkin

The Supreme Court has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed into the Uber app and ready to work. As the Supreme Court has dismissed Uber's appeal, the case will now return to the employment tribunal to decide the substantive claims, which concern holiday pay and minimum wage.

Authors: Colin Leckey, David Hopper
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Recent updates

Agnieszka Fedor What's new in employment law in 2021?

Poland - Sołtysiński Kawecki & Szlęzak

Authors: Agnieszka Fedor, Aneta Brzózka
Guy Castegnaro Law on secondment of employees enters into force

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Alejandro Alfonso E Navarro Can employers mandate compulsory vaccination for their employees?

Philippines - Villaraza & Angangco

Authors: Alejandro Alfonso E Navarro, Rashel Ann Pomoy, Gavriil S Sullano
Pelin Baysal New Constitutional Court ruling on employers' inspection of employees' corporate emails

Turkey - Gün + Partners

Authors: Pelin Baysal, Beril Yayla Sapan, Kardelen Özden
Annamaria Pedroni Italy ratifies International Labour Organisation Violence and Harassment Convention

Italy - Stanchi Studio Legale

Author: Annamaria Pedroni
Lucy Lewis COVID-19 vaccination – FAQs for employers

United Kingdom - Lewis Silkin

Authors: Lucy Lewis, Colin Leckey, Helen Coombes
Ole Kristian Olsby Proposal to extend increased daily unemployment benefit and temporary lay-off periods until July 2021

Norway - Homble Olsby | Littler

Authors: Ole Kristian Olsby, Nina Elisabeth Thjømøe
Declan Groarke Ireland's Immigrant Investor Programme – the allure of inward investment in return for residency

Ireland - Lewis Silkin

Author: Declan Groarke