This case law shows that the Labor Courts in Argentina understand that even when there is no specific law in this respect, in order for employers not to discriminate against women, female employees should make up at least 30% of their workforce. The Labor Court also ordered the bus company to pass a hiring policy by which it guarantees equal access and opportunities for being hired as bus drivers
Mar
27
2019
USA: Citizenship for Sale – US Plans to Amend EB-5 Regulations
The US Congress has concerns about fraud and abuse of the so-called “golden visa” EB-5 green card program. Amendments to the regulations are expected soon just as Europe investigates its own “golden visa” programs
Mar
27
2019
Sweden: Court ruling that a managing director who resigned had to observe a reasonable notice period of six months, during which the managing director was prohibited to compete with the employer
An accounting firm filed an interim injunction that its managing director was obliged to observe a notice period of six months, as to prohibit the managing director to compete with the accounting firm following his resignation. While no agreement between the parties provided for a specific notice period, the Labour Court deemed it reasonable that the managing director should observe a notice period of six months
Mar
27
2019
Poland: Conflicting interpretations by Polish state authorities regarding the period of storage of personal data of job candidates
By the end of January 2019, the Polish Ministry of Digitalization issued an opinion, which stated that in most cases it is justified and permissible to store personal data of candidates after the end of recruitment process. However, the Ministry’s opinion is contrary to the Polish Office of Personal Data Protection’s statement published in the handbook ‘Protection of personal data at the workplace guide for employers’
Mar
27
2019
Norway: Disagreement over the significance of seniority in downsizing after new Supreme Court ruling
A large construction company lost a downsizing-case in the Supreme Court. However, both the employer- and employee-sides cannot seem to agree on the grounds for the decision
Mar
27
2019
India: The Supreme Court of India re-affirms that special allowance falls within the definition of basic wages in the context of provident fund calculation
On February 28, 2019, the Supreme Court of India passed a judgement clarifying the nature of allowances to be included within the ambit of ‘basic wages’ for the purpose of calculating provident fund contribution, under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the associated schemes
Mar
27
2019
Germany: An employee’s entitlement to paid annual leave only expires at the end of the calendar year, if the employer has previously informed the employee of his specific holiday entitlement and the expiry periods, and the employee has still voluntarily not taken the holiday
The entitlement to paid annual leave generally lapses at the end of the respective calendar year. However, according to the latest ruling of the Federal Labor Court, the employer has to inform the employee about his paid annual leave entitlement and the expiry period in detail. Only when the employer has fulfilled his obligations and the employee has still voluntarily not taken the leave he is entitled to, will the outstanding leave entitlements lapse
Mar
27
2019
Germany: A hospital, which has institutional ties with the Catholic Church, may not dismiss its Catholic head physician due to his remarriage
A hospital, which has institutional ties with the Catholic Church, terminated the employment of its head physician, because he got married for a second time, which is not in line with Catholic ideals. The Federal Labor Court considered the termination invalid, as it disadvantaged the employee because of his religious affiliation. The Court did not consider the requirement to behave faithfully and genuinely according to Catholic ideals, necessary in regard to the employee’s profession
Mar
27
2019
Germany: Employee has no right of revocation regarding a termination agreement concluded at his private residence
A termination agreement, which has been concluded at the employee’s private residence, is not subject to revocation under German Civil Law. However, a termination agreement can be considered ineffective if it has been concluded in disregard of the principle of fair negotiating
Mar
27
2019
France: When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights
When the employee signs a settlement agreement that includes a general waiver of claims on all legal action concerning the performance or termination of the employment contract, the employee is prohibited from later introducing a claim for indemnification on rights both future and current. Therefore, in the case of an employee terminated for economic reasons, he cannot later ask for indemnification pertaining to a redeployment obligation, rehiring priority, or the duties resulting from the employment protection plan