The recent media and public attention concerning sexual assault, sexual harassment, inappropriate workplace relationships and grievance handling processes in Federal Parliament is a timely reminder to businesses of the importance of ensuring appropriate policies and processes are in place, and staff are adequately trained on sexual harassment and appropriate grievance handling; and what is at […]
Feb
26
2021
EU: Difference in Treatment between Employees with Disabilities might constitute Discrimination
Unfavourable treatment of an employee with a disability in comparison to a non-disabled employee, might constitute discrimination, if this distinction cannot be justified. In a recent Polish case an employer treated certain employees with a disability, adversely, compared to other employees with a disability. The CJEU had to resolve the question of whether this can constitute discrimination, as understood by the Employment Equality Directive 2000/78.
Feb
24
2021
USA: Labour Board Approves Carefully Crafted Social Media Policies
The National Labour Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate communications,” disclosing confidential information, posting photos of coworkers, or using the company logo to denigrate people or causes. Medic Ambulance Service, 370 NLRB No. 65 (Jan. 4, 2021).
Feb
24
2021
USA: CDC Expands Guidance on Informed Consent to Support Workplace SARS-CoV-2 Testing
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a more comprehensive approach to reducing transmission of the virus in non-healthcare workplaces. SARS-CoV-2 is the virus that causes COVID-19.
Feb
24
2021
USA: OSHA Issues New Guidance for Employers Combating COVID-19
On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The Guidance incorporates much of the existing guidance from the Centers for Disease Control and Prevention (CDC), adds to guidance OSHA previously issued, and reflects strategies and practices familiar to many employers.
Feb
24
2021
Poland: Obligation to register contracts for specific work in the Social Insurance Institution from 1 January 2021
From 1 January 2021 the social insurance contribution payer or a natural person ordering the specific work notifies the Social Insurance Institution about the conclusion of a contract for specific work. This obligation does not apply to contracts for specific work: concluded with one’s own employee, performed for the benefit of one’s own employer, but […]
Feb
24
2021
Luxembourg: Entry into force of the new convention on the legal regime of telework
The convention, which put telework within a legal framework for the first time, was signed on 20th October 2020 by the social partners. It entered into force on 2nd February 2021 and will be applicable for 3 years.
Feb
24
2021
Italy: Gig Economy – The major Trade Unions lose the claim for anti trade unions-behaviour against Deliveroo Italy
As happening all over the world in response to the modernization of the employment relationship and to the birth of new professions (such as the “gig economy” ones), also in Italy a wide case law debate concerning the qualification of “riders” type of work, has taken place in the last few years.
Feb
24
2021
Germany: May the employer instruct his employees to get vaccinated against the coronavirus?
Although there is still a shortage on coronavirus vaccines, a discussion about compulsory vaccination came up very quickly. Many employers ask themselves what rights and obligations they have when it comes to the vaccination of their staff. We assess the current legal situation in Germany below: Education and information obligations of the employer Employers have […]
Feb
24
2021
Germany: Suspected Discrimination due to Pay Gap between Male and Female Employees
The fact that the remuneration of a female employee is lower than the median remuneration of a comparable group of male employees justifies the assumption that less remuneration was paid to the female employee due to her gender and hence a discrimination occurred