An employer who does not allow equal access to the means of election propaganda between trade unions is in violation of its obligation of neutrality, which is sufficient to justify the annulment of the elections
Jun
23
2020
EU: Commission continues work on Instrument for Fair Minimum Wages
The EU Commission concluded the first stage of consultation with the social partners and has now launched a second stage, regarding the introduction of an instrument for decent minimum wages. Options for a directive and a (soft law) Council recommendation are both on the table
Jun
23
2020
China: National People’s Congress Voted to Pass China’s First Civil Code
China’s first Civil Code has been passed during the third session of the 13th National People’s Congress on 28 May 2020. The Civil Code conforms compliance of civil laws and regulations, which have been scattered among different legal documents and is expected to further refine the Chinese legal system, particularly with regards to the rules of conduct in China’s civil and commercial areas
Jun
23
2020
China: Wrongful Termination for Absenteeism Relating to Trans-gender Surgery
The employee had a trans-gender surgery performed and took sick leave after the surgery. The employer considered that the employee failed to apply for sick leave in advance and provided medical records with flaws. As a result, the employer terminated the employment due to absenteeism. The Beijing Court however, ruled that the termination was wrongful and thus the employee shall be reinstated
Jun
21
2020
UK – COVID-19: the future of the UK Coronavirus Job Retention Scheme
The UK government has published guidance on the more flexible form of its Coronavirus Job Retention Scheme (designed to support employers to pay the salaries of those employees who take a temporary leave of absence because of the difficulties their employer is facing due to Covid-19) that will start from 1 July 2020.
Jun
21
2020
UK – TUPE: Contractual variation by reason of a transfer
The Employment Appeal Tribunal (EAT) has ruled that if the sole or principal reason for a change to an employment contract is a TUPE transfer then that change is void – even where it is beneficial to employees.
Jun
21
2020
UK – Constructive dismissal: innocuous “last straw”
If the “last straw” (i.e. the final event that leads to the employee resigning) is innocuous, can the employee still succeed in a constructive unfair dismissal claim? Yes says the Employment Appeal Tribunal – even if the “last straw” is innocuous, the employee may be able to rely on an earlier fundamental breach by employer to succeed in a constructive dismissal claim.
May
25
2020
Netherlands: Employment Law Chronicle 2020
The Employment Law Chronicle provides an overview of developments in Dutch employment law between 1 January 2019 and 1 March 2020.
May
25
2020
EU: CJEU interprets Exclusion of Homosexual Candidate-Employees by Potential Employer as Discrimination
In a judgement of 23 April 2020, the Grand Chamber of the CJEU confirmed the interpretation that an Italian lawyer, who publicly claims to never employ homosexual persons in his firm, can be condemned because of discrimination on the ground of sexual orientation
May
25
2020
China: Special Law Enforcement Inquiries aim to Improve Order in the Human Resources Market
A new Circular requires the Human Resources and Social Security departments, and Market Regulation departments in various provinces, to launch special law enforcement inquires in order to rectify illegal actions that infringe upon the legitimate rights and interests of both employers and employees