A recent Labour Court ruling found that an employee, who had purchased heat pumps from his employer, was considered to have acted as a consumer in relation to the employer when he bought the heat pumps. The employee bought the pumps in 2012 and 2013, but did not pay for them. When the employment end-ed in 2018, the employer demanded payment for the pumps. Since the statutory limitation period for con-sumer purchases is three years, the Labour Court ruled that the claim was time-barred.
Sweden: Court upholds Statutory Limitation barring Employee from Challenging Termination
The Labour Court found it reasonable for an employer to deliver a notice of termination by registered letter and not personally due to the employee being on sick leave for symptoms of covid-19. The notice was sent to the last known address of the employee but was not collected since the employee had moved to a new address without notifying his employer. The Labour Court found that the two-week limitation period for the employee to notify the employer that he intended to file legal action began ten days after the registered letter containing the notice was sent, even though the letter had been sent to the wrong address and the employee had not collected it.
L&E Global Webinar: Diversity and Inclusion: What is or is not allowed?
Date: Thursday, 25 March 2021
Time: 6 p.m. CET / 1 p.m. ET
Duration: 60 Minutes
Diversity and inclusion, once identified as a US-specific concern, has now become a key global objective for multinationals everywhere. How does the concept of diversity and inclusion vary across regions? How can the employer obtain demographic and other data around the world to assist in measuring diversity without violating local employment laws and data privacy requirements? What legal and cultural limitations affect what we ask in individual countries? This webinar will answer your questions and provide best practices regarding global diversity and inclusion, and means to measure and enhance it.
Speakers:
• Simone Carrà (LabLaw in Italy)
• Melanie D. McNaught (Filion Wakely Thorup Angeletti in Canada)
• Jimena Sánchez Argoytia (De La Vega & Martinez Rojas in Mexico)
• Michael Thomas (Jackson Lewis in USA)
Moderator:
• Michael Hatcher (Jackson Lewis in USA)
Date and time:
March 25, 2021 2:00 pm
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3:00 pm
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L&E Global Webinar: The Whistleblowing Directive: A Gamechanger?
Date: Thursday, 18 March 2021
Time: 6 p.m. CET / 1 p.m. Eastern Time
Duration: 60 Minutes
On 16 April 2019, the EU Whistleblowing Directive was passed by the European Parliament, giving EU-based employee whistleblowers many of the same protections long enjoyed by employees in the US. What does this mean for your EU-based business? To what extent will national laws implementing the Directive create a variety of local requirements across the EU? What do you need to know and how do you as a business comply? The EU specialist speakers will discuss the implications, provide best practices and answer your questions.
We invite you to view the final presentation of this webinar by clicking on the icon below:
Speakers:
• Florence Bacquet (Flichy Grangé Avocats in France)
• Gautier Busschaert (Van Olmen & Wynant in Belgium)
• Kristian Foss Aalmo (Storeng, Beck & Due Lund in Norway)
• Michael Witteler (Pusch Wahlig Workplace Law in Germany)
Moderator: John Sander (Jackson Lewis in USA)
Date and time:
March 18, 2021 2:00 pm
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3:00 pm
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L&E Global Webinar: Cross-Border Remote Work, Authorized and Unauthorized – Europe
Date: Thursday, 4 March 2021
Time: 5 p.m. CET / 4 p.m. UK time / 11 a.m. ET
Duration: 60 Minutes
Your employees suddenly turn up in a foreign country or exotic locale without management knowledge or approval carrying out remote work from their laptops, and intend to remain indefinitely. Or an employee wishes to return to his or her native country to spend extended time with family during the COVID-19 crisis. What issues of work authorization, permanent establishment tax exposure, local social security requirements, cross-border employment law, workplace injury, and security of electronic communications arise, and how can they be handled? How can we establish a uniform approach to cross-border remote work, which both treats employees equitably and protects the company from exposures which it has no business interest in incurring. In this webinar a panel will discuss the challenges for companies when employees request to work from another country and share best practices.
Speakers:
• Laura Cinicola (LabLaw in Italy)
• Nick Elwell Sutton (Clyde & Co in UK)
• Kamila Kopec (Sobczyk & Partners Law Firm in Poland)
• Alexander Lorenz (Pusch Wahlig Workplace Law in Germany)
• Helena Tapp Barroso (Morais Leitão in Portugal)
Moderator: John Sander (Jackson Lewis in USA)
Date and time:
March 4, 2021 1:00 pm
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2:00 pm
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L&E Global Webinar: Cross-Border Remote Work, Authorized and Unauthorized – Asia-Pacific
Date: Thursday, 25 February 2021
Time: Two options-
• 3 p.m. China time / 6 p.m. Australia Eastern time » Register!
• 6 p.m. CET / noon Eastern time » Register!
Your employees suddenly turn up in a foreign country or exotic locale without management knowledge or approval carrying out remote work from their laptops, and intend to remain indefinitely. Or an employee wishes to return to his or her native country to spend extended time with family during the COVID-19 crisis. What issues of work authorization, permanent establishment tax exposure, local social security requirements, cross-border employment law, workplace injury, and security of electronic communications arise, and how can they be handled? How can we establish a uniform approach to cross-border remote work, which both treats employees equitably and protects the company from exposures which it has no business interest in incurring. In this webinar a panel will discuss the challenges for companies when employees request to work from another country and share best practices.
We invite you to view the final presentation of this webinar by clicking on the icon below:
Speakers:
• Avik Biswas (IndusLaw in India)
• Bernadette How (Clyde & Co Clasis in Singapore)
• Emma Pritchard (Harmers Workplace Lawyers in Australia)
• Tatsuo Yamashima (Atsumi & Sakai in Japan)
• Yinbing Chen (Zhong Lun Law Firm in China)
Moderator: John Sander (Jackson Lewis in USA)
Date and time:
February 25, 2021 3:00 pm
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4:00 pm
(HKT)
L&E Global Webinar: Vaccination and Employment: Considerations for Employers
Date: Thursday, 18 February 2021
Time: 6 p.m. CET / noon Eastern time
Duration: 60 Minutes
Now that the vaccination process in countries has started, difficult issues for employers arise. Can the employer ask a candidate in an interview whether he has received a vaccination and require proof of same? Can the employer make vaccination a condition of hiring or continued employment? Is a specific business necessity beyond the employer’s general duty of care needed to justify a vaccination requirement? If a vaccination requirement is valid, what duties of accommodation of religious beliefs, disability status or other characteristics does the employer have? In this webinar you will get answers to these data privacy and employment questions. Of course, you will have the opportunity to ask all questions you have!
We invite you to view the final presentation of this webinar by clicking on the icon below:
Speakers:
• Avik Biswas (IndusLaw in India)
• Pedro Diaz-Torres (Jackson Lewis in USA)
• Frédéric-Guillaume Laprévote (Flichy Grangé Avocats in France)
• Gabriela Lima (TozziniFreire Advogados in Brazil)
Date and time:
February 18, 2021 6:00 pm
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7:00 pm
(CEST)
L&E Global Webinar: Brexit Advice for Travellers
Date: Friday, 5 February 2021
Time: 1 p.m. CET / noon UK time
Duration: 30 Minutes
What do employers need to know about the new post-Brexit immigration system? The close of the transition period on 31 December 2020 marked the end of the UK’s participation in the European Union Customs Union and European Single Market. Our Brexit 30-minute webinar will give you practical implications of Brexit for employment law and your people processes.
We invite you to view the final presentation of this webinar by clicking on the icon below:
• Actions that are required in relation to existing EU staff in the UK / What do HR and British employees in France need to do?
• Right to work – what checks need to be carried out and what are the risks if they’re not done correctly?
• Supporting employees – what can you do to help and to what extent are you required to do so?
Speakers:
• Olivier Kress (Flichy Grangé Avocats in France)
• Neena Samuel (Clyde & Co in UK)
Brexit Exchange Forum
Are you still confused about Brexit? L&E Global’s Brexit Exchange Forum is our interactive knowhow platform created to help clients confront the challenges posed by Brexit, informatively and effectively.
Date and time:
February 5, 2021 1:00 pm
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1:30 pm
(CEST)
Sweden: Labour Court considers the assessment of damages for cases involving Trade Secrets
In a guiding case on trade secrets, the Labour Court considers that in the assessment of damages, a division should not be made between financial damages and non-financial damages. Court ruling that an employee who, together with a business partner, has started a company that carry out business in competition with the employee’s former employer, and who, inter alia, have used a spreadsheet program that constituted a trade secret of the former employer and a copyrighted work that the former employer owned, has caused the former employer damage. The former employer is entitled to damages, but no division of the types of damages (financial damages and non-financial damages) has been made.
Sweden: Poor Performance and Cooperation Difficulties related to Employee’s Disability constituted Objective Grounds for Notice of Termination
Court ruling that the performance carried out by an employee diagnosed with autism, was significantly lower than what may be required of the employee, and due to serious cooperation difficulties, and the fact that the employer could not solve the problems through reasonable measures, objective grounds for notice of termination did exist and therefore, the termination was not in violation of the Employment Protection Act.