The Supreme Court of Cassation has declared that the supply of work agency is not liable for the sufficiency of the condition given by the supply of work utiliser, within the framework of the fixed term supply of work contract, signed with the employee.
Dec
15
2020
Germany: Asking Applicants in a Job Advertisement to State their Religion when Applying can give rise to Discrimination Claims
Since the introduction of the German General Equal Treatment Act in 2006, there have been a large number of cases in which applicants and employees have successfully claimed compensation for discrimination. As the recent ruling of the local labour court of Karlsruhe shows, some employers still make avoidable mistakes when publishing job advertisements, which can trigger compensation claims from rejected applicants.
Dec
15
2020
Germany: Precautionary granting of Holidays in cases of Extraordinary Termination
Even in case of an extraordinary termination with immediate effect, the employer can still grant outstanding holidays to the employee as a precautionary measure. If the dismissal turns out to be invalid, the employee cannot claim payment of further remuneration for the time during which the holidays were granted.
Dec
15
2020
France: Supreme Court tempers its Ban on the Production of Illicit Evidence in Court
A recent decision of the Court of Cassation of 25 November 2020, creates a surprising precedent on the topic of the validity of evidence. Evidence deemed to be unlawful under the law on information technology and civil liberties and which infringes on an employee’s personal life, may be admitted in court, provided that its production is indispensable, and no longer merely necessary for the exercise of the right to evidence, and that the infringement of the employee’s rights respecting his personal life, is strictly proportionate to the aim pursued
Dec
15
2020
France: Legislation in response to the Pandemic: Staff Representation and Remote Work Framework
The second wave of the Covid19 pandemic has instigated legislation and regulatory action to help set a framework for businesses adapting to the crisis. The derogatory provisions authorising the use of remote meetings for staff representatives have been reinstated, the social partners finalised a draft national cross-industry agreement on remote work that outlines employers’ duties and the rights of remote workers.
Dec
15
2020
EU: CJEU emphasises “sufficient connection to the territory of host Member State” as criterion to qualify as posted worker in international transport services
On 1 December 2020, The Grand Chamber of the Court of Justice of the European Union has ruled in Case C-815/18 Federatie Nederlandse Vakbeweging (FNV) v Van den Bosch Transporten BV and Others. The Court affirms that a worker who provides very limited services in the territory of the Member State, to which that worker is sent, cannot be regarded as ‘posted’ because there is no sufficient connection to this Member Sate
Dec
15
2020
Colombia: Government Agencies struggle to comply with Court Order to Reinstate Mandate on COVID-19 Testing for International Travellers
The government issued a mandate eliminating COVID-19 testing for international travellers, which subsequently triggered a constitutional action. Beginning 4 November 2020, Colombia has allowed international travellers to enter the country without a negative COVID-19 test result. On 3 December, a judge ordered the government to reinstate the COVID-19 testing and quarantine procedures (14 days after arrival). However, the government is struggling to comply with the judicial order.
Dec
15
2020
Colombia: The Sanitary Emergency has been Extended until 28 February 2021
Based on the necessity of being able to implement different public policies to keep tackling the COVID-19 outbreak, the national government extended the Sanitary Emergency that was supposed to end on 30 November 30 until the 28 February 2021.
Dec
15
2020
China: Shenzhen – Special Working Hours Systems can be implemented without Administrative Approval
Shenzhen released the new regulation that allow employers to implement a special working hours system through notification to and commitment by employees, after consultation. Employers will not be required to undergo administrative procedures for approval on special working hours systems.
Dec
15
2020
China: Shanghai – Employment Termination based on Negative Customer Comments on Internet is illegal
The employer received several negative comments left by customers on an Internet platform. The employer then unilaterally terminated the employee for negligence of duty. The employee subsequently contested the dismissal, with the labour arbitration commission ruling that the termination was wrongful.