A dismissal will be automatically unfair if the sole or principal reason for dismissal is that the employee took or sought to take parental leave. In Hilton Foods Solutions v. Wright, the EAT has decided that this protection does not require the employee to have made a formal request. Communications about taking parental leave might reach a stage that could be described as having sought to take the leave. This will be a question of fact for employment tribunals.
The Austrian National Council has passed a new legislation implementing the EU Directive on Transparent Working Conditions (Directive EU 2019/1152). The legislation is expected to come into force by the end of March 2024. The new law provides for changes to the minimum content of service notes and employment contracts, the right to multiple employment, and training costs.
Baker McKenzie’s Global Disputes Forecast 2024 reports that corporations perceive a high risk of disputes in the field of employment-related tax issues.
In this webinar, we unveiled what we think will be the areas of focus of the Belgian tax authorities, as well as the impact of the most recent case law in these areas.
Although things seemed to be going badly for a while and a deal looked unlikely, the EU Parliament and the Council of the EU have finally reached an agreement on the proposed Platform Workers Directive (the “Directive”). This time, it looks likely to progress to adoption and, ultimately, implementation across the EU member states.
The Directive aims to improve the working conditions of individuals performing work for a digital labor platform.
The Parker Review Committee has published its latest report on ethnic minority representation at board level and within senior management at FTSE350 companies, and the 50 largest private companies in the UK. Ethnic minority directors currently represent 19% of FTSE 100 directors, 13.5% of FTSE 250 directors and 11% of relevant private company directors.
By means of Resolution No. 87/2024, the Secretariat of Commerce established that businesses that operate with purchase, debit or credit cards must make the electronic payment terminal available to consumers. This is to ensure that they do not lose control of their card during the transaction.
The annual updates on enforcement trends and priorities this year build upon last year’s guidance by substantially sweetening the calculus for whistleblowers and voluntary self- disclosures, and reflecting the nation’s rapid adoption of disruptive technology tools especially including AI. Previous trends, such as the government’s ongoing enforcement effort aimed at protecting U.S. intellectual property from perceived threats by foreign adversaries, are not letting up, but instead are increasing in specificity as to related corporate compliance expectations. As companies increasingly engage in the race to use and sell AI tools and the datasets that fuel them, now is a great time to also put in place corporate compliance strategies to avoid becoming the next poster child for the government’s deterrence efforts.
On 29 February 2024, the National Supreme Court of Justice issued a ruling in the case Oliva, Fabio Omar v. COMA S.A. re. dismissal, whereby it established that the capitalization formula applied to employment lawsuits by the National Employment Appellate Court is disproportionate and contrary to the guidelines of the Argentine Civil and Commercial Code.
The EAT has decided that an employer’s liability for unlawful discrimination does not transfer under TUPE where the discriminator transfers but the victim of the discrimination does not. The position might be different though in relation to vicarious liability for negligent (rather than discriminatory) acts of an employee.
We’re pleased to present the 14th edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation. In this edition you’ll explore pertinent responses to the most common questions currently examined and addressed by international and Ukrainian businesses.