Authors: Iván Suárez and Pablo Samsó Sánchez The ruling of the High Court of Justice of Asturias of 22 June 2022, establishes that the use of WhatsApp to communicate certain aspects of the employment relationship does not always violate the right to digital disconnection and privacy of workers. This ruling examines a case in which […]
Jul
27
2022
India: Tamil Nadu Government permits Shops and Establishments to Remain Open throughout the Day
Authors: Avik Biswas and Ivana Chatterjee The State Government of Tamil Nadu has exempted all shops and establishments employing 10 or more persons from the provisions of the Tamil Nadu Shops and Establishments Act, 1947 that deal with opening and closing hours of shops and establishments. The Government of Tamil Nadu, vide a notification dated […]
Jul
27
2022
The Netherlands: Supreme Court rules on the Exception to the Granting of a Transition Payment
Author: Lydia Milders In its judgment of 24 June 2022, the Supreme Court ruled on the exception to the granting of a transition payment. In this case, a teacher of movement studies at the University of Applied Sciences in Maastricht was accused of transgressive behaviour towards female students, consisting of giving full body massages. The […]
Jul
27
2022
The Netherlands: Transparent and Predictable Employment Conditions Act enters into force on 1 August 2022
Author: Lydia Milders The Transparent and Predictable Employment Conditions Act will take effect on 1 August 2022. Here are briefly the main changes that will take place: Employees with an unpredictable work pattern can from now on request work with more predictable and certain times from the employer. Think for example of employees with a […]
Jul
27
2022
The Netherlands: First Judgment regarding Termination on the ‘F-Ground’
Author: Lydia Milders It’s a fact: the first judgment regarding termination on the ‘f-ground’ An employer can only terminate an employment agreement if there is a reasonable basis to do so. What is considered a reasonable pretext is exhaustively listed in Article 7:669 of the Dutch Civil Code. One of these grounds is the so-called […]
Jul
27
2022
Germany: The Amended Verification Act enters into Force on 1 August 2022
Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner The so-called Verification Act has existed in Germany since 1995 and obliges employers to provide essential contractual conditions in writing to employees. However, as of 1 August 2022, the contract conditions to be documented will expand and sanctions in case of violations of the Verification Act […]
Jul
27
2022
France: Supreme Court reasserts its position regarding Leave Requests
Author: Florence Bacquet In a 6 April 2022, decision, the French Supreme Court deemed that there is tacit consent on the employer’s part where said employer does not respond to a request for time-off and the employee may consider that his or her request has been accepted. Therefore, no disciplinary measure may be taken. In […]
Jul
27
2022
France: Government releases Legislative Proposal regarding Wealth/Purchasing Power
Author: Florence Bacquet In an effort to offset the consequences inflation has had on wealth/purchasing power, the newly formed Government has prepared a legislative proposal, the contents of which has recently been made public. If it were to become law as it currently stands, several social measures and changes to current procedures would be implemented. […]
Jul
27
2022
EU: CJEU confirms Broad Scope of Anti-Discrimination Rules
Author: Chris Van Olmen The Court of Justice of the European Union has recently judged that the prohibition of discrimination on the basis of age enshrined in Directive 2000/78/EG is also applicable for the elected president of a trade union. The case corned the internal bylaws of the Danish trade union HK, which stated that […]
Jul
27
2022
Dominican Republic: Contributable Salary to the Social Security System
Author: Amado Sánchez de Camps In a Sentence dated 31 May 2022, the Labour Chamber of the Supreme Court of Justice confirmed the legality of Resolution 72-03, of 29 April 2003, issued by the National Social Security Council. In its only article, this resolution states that, for contributions to Social Security, the income that will […]