International

Hiring and Firing in Key EU Jurisdictions and the USA

A Practical Guide to Workplace HR Strategies on how to get the best out of your workforce and at the same time protect the company’s business.

Topics covered

  1. Subordinate employee versus Independent contractor
  2. Flexibility of the employment relationship
  3. Individual Dismissal
    • Is poor performance a common ground for dismissal and how is it handled in your jurisdiction?
    • Can an employee be fired for taking extended sick leave?
    • Are economic reasons affecting the business, valid grounds for dismissal?
    • Are dismissals based on discriminatory grounds common in your jurisdiction and is there a cap on the amount of damages a court can award?
    • What are the remedies for unfair dismissal and is reinstatement one of them?
    • When can a dismissal be considered unfair?
    • What percentage of unfair dismissal claims is settled out of court and what is the going rate for settlement (1/2/3 years’ salary?)
    • Roughly how long does a claim in first instance take from start to finish? Is it heard by a single judge (professional or lay?)
  4. Collective Redundancy
    • Can you briefly describe the collective redundancy procedure in your country?
    • Does it apply to all companies, regardless of size?
    • What are the main risks an employer has to face?
    • Does the law impose a set selection criteria to be applied?
  5. Privacy in relation to the employment relationship and in the context of social media
Hiring-and-Firing-in-Key-EU-Jurisdictions-and-the-USA-a-Practical-Guide-to-Workplace-HR-Strategies.pdf

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