Under German statutory law, the works council has a co-determination right when the employer introduces or amends technical devices designed to monitor the behavior or performance of the employees. Such right also extends to the use of regular Microsoft Excel sheets when they are used to document the employees’ presence times at work.
Dec
13
2018
Germany: Strike mobilization by a trade union may also be permitted on the company car park in front of the company premises
The right to strike includes the right of a trade union to address workers immediately before entering the workplace in order to persuade them to participate in the strike. Depending on the circumstances of the individual case, such an action may be permitted on a company car park in front of the company premises.
Dec
13
2018
Germany: The concept of temporary part-time work will be introduced under German law as of 1 January 2019
New German law regulation gives part-time employees a right to return to full-time work
Dec
13
2018
Germany: German minimum wage will be raised to 9.19 Euros per hour from 1 January 2019
The current statutory minimum wage of 8.84 Euros per hour will be raised to 9.19 Euros per hour from 1 January 2019. The minimum wage is generally applicable to all employees in all sectors of business.
Dec
13
2018
France: Exemptions on some contributions, the sanctioning of illicit work, profit sharing and more on the program of the new social security law of 2019
The bill for the 2019 social exemptions for companies was voted by parliament but has yet to be published. The text provides in particular for tax exemptions for overtime, the transformation of certain fiscal alleviation devices into social charges devices with the same purpose, and new provisions sanctioning illicit work. The measures will enter into force on January 1, 2019. However, many of these measures will need to be implemented via decrees that have yet to appear.
Dec
13
2018
France: Digital platforms : works subject to gps tracking and disciplinary measures are employees
The French supreme court’s labour and employment division has characterised the existence of an employment contract between a delivery worker and an online platform, justifying its decision on the fact that the application used GPS tracking, allowing the company to follow in real time the delivery worker’s position, counted the total number of kilometers traveled, and that the company had the authority to sanction the worker.
Dec
13
2018
China: The Measures for Disclosure of Information on Labor Security Violations in Shenzhen Has Come into Effect as of December 1, 2018
The Shenzhen Municipal Human Resources and Social Security formulated the Measures for Disclosure of Information on Labor Security Violations that Has Come into Effect as of December 1, 2018
Dec
13
2018
China: It was held that the Company shall compensate the Employee for its failure to fulfill the commitment to arrange the Beijing Household Registration for the migrant Employee
Beijing’s First Intermediate People’s Court held that the Company shall compensate the Employee for its failure to fulfill the commitment to arrange the Beijing Household Registration for migrant Employee.
Dec
13
2018
Belgium: Risk on increase of dismissal costs after 1 January 2019
The Act of 26 December 2013 laid down a deadline of 1 January 2019 in the Employment Contracts Act for the sectors to introduce new outplacement measures in collective bargaining agreements. As no sector has undertaken any action in this regard, the National Labour Council is trying to find a solution, as the absence of such provisions are punished by additional contributions for employers and employees in case of dismissal.
Dec
13
2018
Australia: Executive Dismissed “Because of” Mental Disability: Federal Court of Australia
The Federal Court of Australia has held that a global payments management company engaged in adverse action against a client executive “because of” his mental disability, when it dismissed him for reasons that included “serious concerns about [his] capacity to return to work” whilst he was on sick leave for work stress and depression.