The Employment Appeal Tribunal has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where the employee is not actually disabled.
The Court of Appeal has confirmed that the expectation (rather than actual coersion) for a disabled employee to work long hours amounted to a “provision, criterion or practice”, potentially triggering the employer’s duty to make reasonable adjustments to remove the (substantial) disadvantage faced by that employee when compared to non-disabled employees.
The Employment Appeal Tribunal has decided that an employer is not required to revisit or revoke a lawful decision to dismiss after it is notified of an employee’s pregnancy, where it was not aware of the pregnancy at the time it made the decision to dismiss.
Sanitation workers in Stockholm refused to work or called in sick in order to prevent the employer from conducting an inventory of the keys to the facilities in their area of operations. Court ruling held that the industrial actions were deemed unlawful and that the importance of functioning sanitary services in the community should be considered when deciding upon damages.
The Supreme Court recognizes the employment relationship of a worker registered in the special regime for self-employed workers, who provided the services for the company that had hired him for the execution of works for the installation and repair of lifts. The notes of dependence, alienation and voluntariness are met although he was not subject to a timetable, the holidays were not imposed by the company and he used his own means such as boots, gloves, helmet, vehicle and mobile phone.
A new Law that defines and regulates teleworking was adopted early this March. For the first time working from a distance is recognized and regulated under Romanian Law. Employees that work from home or from any other place organized by the employer for working at a distance will establish an employment relationship and will enjoy all the benefits a regular employee has.
As of 2018 Romanian employees will have an additional day off, as Good Friday becomes a public holiday. Easter Monday and Easter Sunday are also public holidays.
New pension scheme in the public sector may make it easier for employees to switch to the private sector and motivate to work for more years.
Redundancies ruled void by the High Court- The employer’s procedure prior to giving redundancies was found erroneous.
A number of important changes have been introduced in the area of employment law in NL, with effect from 1 January 2018. We have made a list of the most important legislative amendments and the changes.