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Switzerland: Employer’s obligations under the Gender Equality Act

The principle of equality between men and women is laid down in the Gender Equality Act, in particular the right to equal pay for work of equal value, and must be respected by the employer throughout the employment relationship. The…
Posted on 20th March, 2023
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Switzerland: Checklist for employee bonus entitlement

Each year, employers and employees are confronted with the same question: Who is entitled to a bonus? This article will show you how to easily check bonus entitlements in your company under Swiss employment contract law. No previous legal knowledge…
Posted on 20th March, 2023
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New law in Spain for the equal treatment, non-discrimination, and protection of sexual diversity

Rights related to sexual freedom and moral integrity have evolved significantly in recent years. The new law in Spain offers greater protection against discrimination in the workplace, therefore both companies and workers must be informed to avoid conflicts, sanctions, and…
Posted on 3rd November, 2022
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The Draft Finance Bill for 2023 plans to reduce withholding tax obligations for foreign employers of French tax residents

A new wage tax withholding system has been applicable in France since 1 January 2019, burdening employers with the responsibility of withholding personal income tax from their employees’ taxable salaries and paying it monthly to the French tax authorities. This…
Posted on 23rd October, 2022
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An original organization of working hours in France: “le forfait en jours”

In France, working time regulations may be confusing. Although the legal duration of work is equal to 35 hours per week, exceptions to this rule are numerous. French Labor Law provides for multiple arrangements, including but not limited to a…
Posted on 12th October, 2022
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Amendments to the “Beckham Law” in the horizon for relocated employees in Spain

Global mobility is an irrefutable trend. In our ever-more globalized world, attracting talent has become a need to enterprises; a need that trespasses borders. This reality, known to the Spanish legislator, is the rationale behind the pre-draft of proposed amendments…
Posted on 28th September, 2022
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Mobile Working, Home Office, or Teleworking, are they under the same regulations?

Under German law, employers need to ensure they use decisive wording in agreements for mobile working, home office or teleworking to avoid possible pitfalls. Although these terms are often used as synonyms, under German law, they may have different legal…
Posted on 20th September, 2022
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Non-Habitual Resident

The non-habitual resident (NHR) regime is available to legal residents in Portugal who have not been a tax resident of the country during the previous 5 years. This is a very interesting fiscal optimisation tool and its financial saving allure…
Posted on 22nd August, 2022
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“The Macron Scale” of employment law damages approved by Supreme Court.

“The Macron scale” has been approved by the French Supreme Court.   After Emmanuel Macron’s election in 2017, a scale of damages, also known as the “Macron scale” (“barème Macron”), was introduced into French employment law. The Macron scale provides…
Posted on 21st June, 2022
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Employers to ensure written employment particulars are given of face fines of up to EUR 2,000 per employee

In June 2022, a new law is expected to be passed in Germany implementing the EU Directive 2019/1152 into national law. The new law supplements existing German law which already provides for the right of employees to a written record…
Posted on 14th June, 2022
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New mechanisms of internal flexibility in companies to avoid dismissal entered the Spanish labour market playing field

On 30 December 2021 Spain introduced new labour market flexibility to avoid dismissals and meet the needs of businesses during the Covid-19 pandemic. By making these flexibility measures more accessible to companies outside of events like Covid-19, it is possible…
Posted on 3rd January, 2022
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Kurzarbeit in Slovakia – Emergency aid for employers – What you need to know

Kurzarbeit, or the short-term work scheme, has introduced a new procedure in Slovakia intended to help employers maintain employment when they are unable to assign work to their employees due to external factors outside of their control. Kurzarbeit replaces the…
Posted on 3rd January, 2022
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2021 Climate Law – New obligations to inform and consult employee representative bodies in France

On 22 August 2021, the French Parliament adopted the Climate and Resilience Law ("2021 Climate Law"). Since being passed, employee representative bodies must now be informed and consulted on the environmental consequences of any major project considered by an employer.…
Posted on 3rd January, 2022
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New employment law developments in Czech law effective from 1 January 2022

As of 1 January 2022,  several significant changes in the field of employment law have been adopted, including changes to the minimum wage and work-life balance. In this article, we assess these changes and their impact. Increase in the minimum…
Posted on 3rd January, 2022
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Implementing the Work-Life Balance Directive in Poland

A new draft act implementing Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and Directive (EU) 2019/1152 of 20 June 2019 on transparent and predictable working…
Posted on 3rd January, 2022
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How can you support employees who are citizens of Ukraine?

Employers who employ Ukrainian citizens are now thinking about how they can help their employees and their family members. In addition to offering spontaneous support, e.g. by creating fundraisers, employers also have other options to help. Here are some suggestions…
Posted on 3rd January, 2022
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Compliance with the minimum wage in the matter of posting – EU jurisprudence

CJEU, 8 July 2021, aff. C-428/19, Rapidsped : In a preliminary ruling on July 8, 2021 relating to Hungarian drivers performing their work in France, the European Court of Justice, questioned by a Hungarian administrative and Labour Court, ruled on the…
Posted on 8th January, 2021
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Wider employee share scheme exemptions from Prospectus Directive requirements now in force

The scope of the exemptions from the obligation to produce a prospectus under the Prospectus Directive were increased with effect from 31 July 2011 in the UK. Exemptions from the Prospectus Directive Under the Prospectus Directive a prospectus may be…
Posted on 10th January, 2011
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Are your partners and LLP members really employees? Court raises spectre of employee liabilities

The Employment Tribunal found that an individual who had been a member of an LLP (paying tax and NI as a self employed person) should have been regarded as an employee.  The individual in question was originally an employee who…
Posted on 10th January, 2011
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Increase of qualifying period for unfair dismissal and introduction of Tribunal fees to “increase competitiveness”

On 3 October 2011 it was announced that the length of the unfair dismissal qualifying period would increase to 2 years and that fees would be introduced for bringing Employment Tribunal claims. Unfair dismissal qualifying period In order to bring…
Posted on 10th January, 2011
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Agency Workers Regulations – in force from 1 October 2011

On 1 October 2011 the Agency Workers Regulations come into force in the UK.  Employers of the estimated 1.3 million agency workers in the UK take note! What is the effect of the Regulations? Day one rights From day one…
Posted on 10th January, 2011
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Carrying forward holiday entitlement accrued while on sick leave

The Employment Appeal Tribunal recently held that employees who accrue holidays during a period of sick leave will carry forward any untaken holiday entitlement to future holiday years automatically.  It is not necessary for them to have formally notified an…
Posted on 10th January, 2011
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Agency Workers Regulations – final guidance published

The Department for Business, Innovation and Skills (“BIS”) published final guidance on the Agency Workers Regulations 2010 (“AWR”) in May 2011. The AWR comes into force on 1 October 2011 and will not have retrospective effect.  This means that for…
Posted on 7th January, 2011
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The recast European Works Council (“EWC”) Directive came into force on 5 June 2011

On 5 June 2011 regulations came into force in the UK which implemented the recast EWC Directive, the result of which was a number of changes to the rules on EWC. The Transnational Information and Consultation of Employees (Amendment) Regulations…
Posted on 7th January, 2011
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Draft guidance on Regulations extending employment protection to Agency Workers

The government has published draft guidance on the Agency Workers Regulations 2010 which come into effect on 1 October 2011.The Agency Workers Regulations implement the EU Temporary Agency Workers Directive 2008/104.  From 1 October  temporary agency workers with a minimum…
Posted on 4th January, 2011
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Looming deadline for filing annual return forms for approved and unapproved share schemes

The annual return forms must be filed by the relevant deadline or a penalty may be imposed by HMRC. Annual return forms The following annual return forms for the year ended 5 April 2011 are now available on HMRC’s website. …
Posted on 4th January, 2011
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UK: Government guide to maternity and new additional paternity leave rights

Male employees with parental responsibility for babies that are due to be born or placed for adoption on or after 3 April 2011 will have the right to take part of their partner’s maternity leave as “additional paternity leave”, subject…
Posted on 12th January, 2010
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UK: Government considers making it easier to dismiss employees

The UK government is actively considering increasing the qualification requirement for protection from dismissal from one to two years as a means of increasing employment. Unfair dismissal rights Employees who have a years’ service when they are terminated have the…
Posted on 12th January, 2010
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UK: The EHRC have published draft Codes of Practice on the Equality Act 2010 (the “Act”)

The UK Equality Act 2010 (the “Act”) covers all areas of equality and discrimination legislation.  The Codes of Practice (the “Codes”) are key to understanding the new obligations under the Act. The Equality and Human Rights Commission (“EHRC”) has produced…
Posted on 12th January, 2010
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UK: Employers may withhold discretionary bonuses even where performance is satisfactory

When determining whether to award a discretionary bonus or not the key issue for the Courts to look at is whether the employer’s decision was irrational or perverse and not whether the employees performance was sufficient to justify a bonus.…
Posted on 12th January, 2010
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UK: Court of Appeal refuses to extend legal professional privilege (“LPP”) to non-lawyers

Clients who obtain advice from non-lawyers may not be able to prevent the disclosure of information given to advisors. What is legal professional privilege? LPP applies to confidential communications which pass between a client and his lawyer and which have…
Posted on 12th January, 2010
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UK: Effective date of termination of employment – impact on incentive plans

The Supreme Court confirm the timing of the effective date of termination (“EDT”) of employment on summary dismissal - a key date for vesting of rights under incentive plans. The Supreme Court held that when employment is summarily terminated by…
Posted on 12th January, 2010
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UK: Ability to compromise discrimination claims under the Equality Act 2010 in doubt

Care needs to be taken before settling discrimination claims until legislative fault is corrected. On 1 October 2010 the Equality Act 2010 came into force and now governs all aspects of discrimination in employment (age, sex, race etc).  However the…
Posted on 12th January, 2010
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Employment: New criminal offences to counter corporate corruption

On 8 April 2010 the Bribery Bill received Royal Assent. No date has yet been set for the new Act to come into force, however it represents a complete overhaul of corporate obligations in relation to bribery and corruption.  The…
Posted on 5th January, 2010
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Employment: New paternity rights available for new and adoptive parents from 3 April 2011

On 6 April 2010, regulations came into force granting new rights to additional paternity leave and pay for parents with children due on or after 3 April 2011. The new rights will also apply to adoptive parents who have received…
Posted on 5th January, 2010
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Employment: Equality Act passed

On 6 April 2010 the Equality Bill as amended by the House of Lords was passed without further change by the House of Commons.  It received Royal Assent on 8 April and the majority of its provisions are expected to…
Posted on 4th January, 2010
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Employment: Changes to European Works Council regulations

The Transnational Information and Consultation of Employees (Amendment) Regulations 2010 (“TICE”)  amending the Transnational Information and Consultation of Employees Regulations 1999 (the “1999 Regulations”) in order to bring them into line with the recast 2009 European Works Council Directive (the…
Posted on 4th January, 2010
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Employment: Significant changes to the UK points-based Immigration Rules from 6 April 2010

On 18 March 2010 the Home Office announced changes to the Tier 1 (highly skilled workers) and Tier 2 (skilled workers with a job offer) which impact all applications made on or after 6 April 2010 Changes to Tier 1…
Posted on 4th January, 2010
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Employment: Proposed Equality Act: Codes and new guidance in development by EHRC

In anticipation of the current Equality Bill coming into force, the Equality and Human Rights Commission (“EHRC”) has been working on producing associated statutory Codes of Practice together with non-statutory guidance. The Equality Act is intended to replace nine anti-discrimination…
Posted on 3rd January, 2010
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Employment: Application of UK employment legislation to a worker travelling from one place to another

The Court of Appeal (“CA”) has upheld a decision of the Employment Appeal Tribunal that a seaman employed on a ship registered outside Great Britain can bring an unfair dismissal claim in the UK, provided he can show that he…
Posted on 3rd January, 2010
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Employment: Reduced compensation limit for unfair dismissal from February 2010

The Employment Rights (Revisions of Limits) Order 2009 sets out a new, reduced, upper limit on awards for unfair dismissal, effective from 1 February 2010. The change has been made to take account of the decrease in the retail prices…
Posted on 3rd January, 2010
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Employment: 42 year old banker wins age discrimination claim

A tribunal has upheld a 42 year older banker’s claims for age discrimination, unfair dismissal and protective awards against one of the largest banks in Canada, Canadian Imperial Bank of Commerce (“CIBC”).  The banker, who earned £900,000 a year, had…
Posted on 3rd January, 2010
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Employment: Clarification of territorial scope of race and age discrimination legislation

Employees who work at least partly in the UK are entitled to rely on UK legislation to bring race and age discrimination claims. The Employment Appeal Tribunal (“EAT”) has ruled that when determining whether an employee works “wholly or partly”…
Posted on 3rd January, 2010
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Employment: New regulations to implement the Temporary Agency Workers Directive

Following consultations in 2009, the regulations implementing the EU Temporary Agency Workers Directive, the Agency Workers Regulations 2010 (the “Regulations”), have been laid before Parliament.  The Regulations are due to come into force on 1 October 2011. The draft Regulations…
Posted on 3rd January, 2010
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Employment: New legal right to request time off to train

The Apprenticeships, Skills, Children and Learning Act 2009 (the “Act”), the main provisions of which come into force for businesses with 250 or more employees in April 2010, will give certain qualifying employees the right to request time off from…
Posted on 3rd January, 2010
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Employment: Revised guidance for injury to feelings compensation

The Employment Appeal Tribunal has ruled that the bands for damages awarded for injury to feelings in unlawful discrimination cases (known as “Vento” damages) should be increased in line with inflation, with immediate effect. The upper limit of the lower…
Posted on 3rd January, 2010
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Employment: Continuity of employment preserved in pre-pack sales

Background Regulation 8 of the Transfer (Protection of Employment) Regulations 2006 (“TUPE”) provides that if an insolvency is with a view to the liquidation of the assets of the transferor then its provisions do not apply.  If, on the other…
Posted on 11th January, 2009
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Employment: Equality Bill Update: responses to consultation on multiple discrimination proposals published

The proposals aim to provide protection against multiple discrimination without placing undue burden on businesses. Existing law requires individuals who have experienced multiple discrimination to bring separate claims for each type of unlawful discrimination.  For example, a black woman passed…
Posted on 11th January, 2009
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Employment: The High Court limits damages in wrongful dismissal cases

Court confirms limit on damages for failure to follow contractual disciplinary procedure A doctor sought to claim loss of earnings of more than £4 million, in a wrongful dismissal claim.  The High Court ruled that in a wrongful dismissal claim…
Posted on 11th January, 2009
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Employment: Government launch “helpline” on government enforced employment rights

The service is available to employers and workers for information and advice, and to report breaches of National Minimum Wage, Employment Agency standards, Working Time rules and other matters. The government has launched a service which appears to be a…
Posted on 11th January, 2009
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Employment: Changes to rates from 1 October 2009

Increases to statutory redundancy payment and basic award for unfair dismissal The limit on the maximum amount of a week’s pay taken into account to calculate the amount of statutory redundancy payments and basic awards for unfair dismissal increased with…
Posted on 11th January, 2009
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Compensation & Benefits: Pensions reforms – new disclosure rules for tax avoidance schemes

Following on from the announcements in April of this year regarding the restriction of higher rate tax relief on pension contributions for those earning more than £150,000, HM Revenue and Customs (HMRC) has updated its guidance on the disclosure of…
Posted on 11th January, 2009
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Employment: Compulsory retirement age for all civil servants to be scrapped by 2010

Last October the UK government pledged to remove the compulsory retirement age for all junior civil servants.  The Cabinet Secretary has now promised to do the same for senior civil servants, making the civil service “retirement free”. From April 2010…
Posted on 11th January, 2009
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Employment: Compensation can be reduced for earnings

In unfair dismissal cases an employee does not have to give credit for earnings from alternative employment during the normal notice period (known as the “Norton Tool principle” after the case that established the rule). In a recent case the…
Posted on 9th January, 2009
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Employment: Workers can reclaim holidays lost to sickness

The European Court of Justice (ECJ) has ruled that a worker who is sick during a period of annual leave may decide to postpone his holiday entitlement to an alternative date. This case builds on the principle established in ECJ…
Posted on 9th January, 2009
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Employment: High Court rules default retirement age of 65 is lawful

On 25th September 2009 the High Court gave judgement in the so-called “Heyday” case, a long-running challenge to the legality of the Default Retirement Age (DRA) of 65 established by the Employment Equality (Age) Regulations 2006. Heyday is a charitable…
Posted on 9th January, 2009
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Employment: Consultation on gender pay reporting in the private sector – a first step before mandatory reporting

The Equality and Human Rights Commission (“EHRC”) is consulting on ways to measure and report on the gender pay gap in private and voluntary sectors on a voluntary basis – new powers to compel reporting from 2013 appear in the…
Posted on 9th January, 2009
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Employment: Information Commissioner hikes annual data controller notification fees

It is a legal requirement for organisations to register with the Information Commissioner if they process personal data relating to living individuals. As the definition of "processing personal data” is wide enough to include holding of names on customer lists…
Posted on 9th January, 2009
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Employment: Government brings forward review of default retirement age

The government has announced that the review of the default retirement age (“DRA”), originally scheduled for 2011, will be brought forward to 2010.  It is expected that any changes to the DRA will not be implemented until 2011. At present…
Posted on 9th January, 2009
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Employment: Mentoring scheme to increase numbers of female non-executive directors in FTSE

An initiative sponsored by BP and MWM Consulting, “Women for Boards” was announced on 23rd September.  The scheme aims to address the massive under-representation of women on the boards of Britain’s top companies by providing mentoring by experienced female non-executive…
Posted on 9th January, 2009
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Employment: New measures crack down on unpaid tribunal awards

The Government has announced new measures to reduce the number of unpaid tribunal awards and the costs of enforcing them.  The new measures are in response to Government research which found that: 39% of awards granted have not been paid;…
Posted on 7th January, 2009
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Employment: Paternity leave extension shelved

The Government has shelved plans to extend fathers’ paternity leave to enable mothers to return to work earlier.  Fathers are currently only allowed 2 weeks’ paternity leave, whereas the proposals would have given fathers six months’ paid leave.  The Government…
Posted on 7th January, 2009
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Employment: Consultation on regulation of contingency fees in tribunal cases

The Government has announced plans to consult on the regulation of “damages-based contingency fees” (“DBCFs”) in employment tribunals.  A DBCF is a type of “no-win, no-fee” agreement which allows a claimant’s legal representative to receive a percentage of the total…
Posted on 7th January, 2009
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Employment: Updated guidance on managing workplace stress

The Chartered Institute of Personnel and Development, the Health and Safety Executive and Investors in People collaborated to produce new guidance for line managers on managing workplace stress.  The updated guidance is entitled "Line management behaviour and stress at work". …
Posted on 7th January, 2009
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Employment: Using length of service criterion in redundancy selection

Since the introduction of legislation outlawing age discrimination in 2006 employers have generally been advised that “last in first out” or other service-related criteria for redundancy selection are best avoided.  However certain employers had binding redundancy selection processes, often negotiated…
Posted on 7th January, 2009
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Employment: Equality Bill 2009 – a wide-ranging reform of discrimination legislation

The Equality Bill 2009 is currently being debated in Parliament, with simultaneous public consultation on specific provisions including the proposed extension of age discrimination laws to the provision of services. The Bill is designed to replace and simplify all existing…
Posted on 7th January, 2009
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Employment: Consultants subject to implied duty of confidentiality

Although employers are well-advised to put express provisions in a written contract, it is established that employees are subject to an implied duty of confidentiality that prohibits them from using or disclosing their employers “trade secrets” even after the employment…
Posted on 7th January, 2009
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Employment: EU social partners agree to increase parental leave

On 18 June 2009 the EU social partners revised an agreement to increase the period of parental leave from 3 months to 4 months per parent.  UK employees who have at least one year’s service are currently entitled to up…
Posted on 7th January, 2009
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Employment: Equality Bill to reverse Malcolm

The UK Government has published the Equality Bill which would reverse the problematic House of Lords’ judgment in London Borough of Lewisham v Malcolm (“Malcolm”).  The Malcolm decision currently makes it very difficult to establish “disability related discrimination”, particularly since…
Posted on 6th January, 2009
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Employment: Pre-judgment interest in discrimination cases reduced

Unlike most other types of claims in the employment tribunals, claimants in discrimination cases can claim interest on losses incurred up to the date of judgment.  The interest accrues on a daily basis and is simple, not compounded. The applicable…
Posted on 6th January, 2009
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Employment: EAT rules “field breaks” count toward annual leave

In an important decision for the oil and gas industry, the Employment Appeal Tribunal ("EAT") has reversed a previous decision that “field breaks”, that is time spent onshore by offshore workers, cannot count towards statutory minimum holiday entitlement. Majority decision…
Posted on 6th January, 2009
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Employment: Offshore workers – “field breaks” count toward annual leave

An important decision for the oil and gas industry - the Employment Appeal Tribunal ("EAT") has reversed a previous decision that “field breaks” (time spent onshore by offshore workers) cannot count towards statutory minimum holiday entitlement. Decision The EAT held…
Posted on 6th January, 2009
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Employment: Government reveals new “fit notes”

The Government has begun a 12 week consultation on new "fit notes" which it proposes will replace GP’s "sick notes” in spring 2010.  This is in response to recommendations made in Dame Carol Black’s review of the health of Britain’s…
Posted on 6th January, 2009
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Employment: Increases to statutory minimum holiday entitlement

Effective 1 April 2009 the statutory entitlement to paid holiday will increase to 5.6 weeks, inclusive of bank holidays.  For an employee working a 5 day week in England where there are 8 bank holidays per year this means that…
Posted on 3rd January, 2009
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Employment: Increase in Statutory Sick Pay and Statutory Maternity Pay rates

The rate of Statutory Sick Pay for qualifying periods of sickness absence commencing on or after 6 April 2009 is £79.15 per week (£15.83 per day for employees with five qualifying days per week). For payment weeks starting on or…
Posted on 3rd January, 2009
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Employment: More employees get the right to request flexible working

At present employees with 26 weeks continuous employment have a right to request flexible working arrangements to accommodate caring responsibilities for children aged up to 6 (18 where the child is disabled) or for adult relatives or adults who live…
Posted on 3rd January, 2009
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Employment: Repeal of statutory dismissal and grievance procedures

It is almost universally agreed that the statutory dismissal and grievance procedures introduced in 2004 have failed in their stated objective of reducing the amount of claims going to employment tribunals. With effect from 6 April they will be repealed,…
Posted on 3rd January, 2009
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Employment: Government to consult on extension of the right to claim flexible working

The government has adopted proposals of a report by the Department of Business Enterprise and Regulatory Reform which recommend the extension of the right to request flexible working to all employees with parental responsibility for children up to the age…
Posted on 6th January, 2008
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Employment: A reminder of the importance of communication in redundancy situations

An EAT case* heard in March underlines the importance to employers of ensuring effectively that employee communication during the redundancy process is not overlooked. In a redundancy situation, an employee who unreasonably refuses an offer of suitable alternative employment made…
Posted on 6th January, 2008
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