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19 posts found

Analysing Spain’s traditional subcontracting model

Spanish CELIA member, Ceca Magán, analyses the recent Court of Justice of the European Union's sentence from October 2024, addressing 3 of 5 preliminary rulings referred by the High Court of Justice of Madrid concerning illegal loanof employees. Their technical…
Posted on 17th December, 2024
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Switzerland: Employer’s obligations under the Gender Equality Act

The principle of equality between men and women is laid down in the Gender Equality Act, in particular the right to equal pay for work of equal value, and must be respected by the employer throughout the employment relationship. The…
Posted on 20th March, 2023
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Switzerland: Checklist for employee bonus entitlement

Each year, employers and employees are confronted with the same question: Who is entitled to a bonus? This article will show you how to easily check bonus entitlements in your company under Swiss employment contract law. No previous legal knowledge…
Posted on 20th March, 2023
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New law in Spain for the equal treatment, non-discrimination, and protection of sexual diversity

Rights related to sexual freedom and moral integrity have evolved significantly in recent years. The new law in Spain offers greater protection against discrimination in the workplace, therefore both companies and workers must be informed to avoid conflicts, sanctions, and…
Posted on 3rd November, 2022
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The Draft Finance Bill for 2023 plans to reduce withholding tax obligations for foreign employers of French tax residents

A new wage tax withholding system has been applicable in France since 1 January 2019, burdening employers with the responsibility of withholding personal income tax from their employees’ taxable salaries and paying it monthly to the French tax authorities. This…
Posted on 23rd October, 2022
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An original organization of working hours in France: “le forfait en jours”

In France, working time regulations may be confusing. Although the legal duration of work is equal to 35 hours per week, exceptions to this rule are numerous. French Labor Law provides for multiple arrangements, including but not limited to a…
Posted on 12th October, 2022
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Amendments to the “Beckham Law” in the horizon for relocated employees in Spain

Global mobility is an irrefutable trend. In our ever-more globalized world, attracting talent has become a need to enterprises; a need that trespasses borders. This reality, known to the Spanish legislator, is the rationale behind the pre-draft of proposed amendments…
Posted on 28th September, 2022
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Mobile Working, Home Office, or Teleworking, are they under the same regulations?

Under German law, employers need to ensure they use decisive wording in agreements for mobile working, home office or teleworking to avoid possible pitfalls. Although these terms are often used as synonyms, under German law, they may have different legal…
Posted on 20th September, 2022
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Non-Habitual Resident

The non-habitual resident (NHR) regime is available to legal residents in Portugal who have not been a tax resident of the country during the previous 5 years. This is a very interesting fiscal optimisation tool and its financial saving allure…
Posted on 22nd August, 2022
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“The Macron Scale” of employment law damages approved by Supreme Court.

“The Macron scale” has been approved by the French Supreme Court.   After Emmanuel Macron’s election in 2017, a scale of damages, also known as the “Macron scale” (“barème Macron”), was introduced into French employment law. The Macron scale provides…
Posted on 21st June, 2022
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Employers to ensure written employment particulars are given of face fines of up to EUR 2,000 per employee

In June 2022, a new law is expected to be passed in Germany implementing the EU Directive 2019/1152 into national law. The new law supplements existing German law which already provides for the right of employees to a written record…
Posted on 14th June, 2022
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New mechanisms of internal flexibility in companies to avoid dismissal entered the Spanish labour market playing field

On 30 December 2021 Spain introduced new labour market flexibility to avoid dismissals and meet the needs of businesses during the Covid-19 pandemic. By making these flexibility measures more accessible to companies outside of events like Covid-19, it is possible…
Posted on 3rd January, 2022
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Kurzarbeit in Slovakia – Emergency aid for employers – What you need to know

Kurzarbeit, or the short-term work scheme, has introduced a new procedure in Slovakia intended to help employers maintain employment when they are unable to assign work to their employees due to external factors outside of their control. Kurzarbeit replaces the…
Posted on 3rd January, 2022
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2021 Climate Law – New obligations to inform and consult employee representative bodies in France

On 22 August 2021, the French Parliament adopted the Climate and Resilience Law ("2021 Climate Law"). Since being passed, employee representative bodies must now be informed and consulted on the environmental consequences of any major project considered by an employer.…
Posted on 3rd January, 2022
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New employment law developments in Czech law effective from 1 January 2022

As of 1 January 2022,  several significant changes in the field of employment law have been adopted, including changes to the minimum wage and work-life balance. In this article, we assess these changes and their impact. Increase in the minimum…
Posted on 3rd January, 2022
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Implementing the Work-Life Balance Directive in Poland

A new draft act implementing Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and Directive (EU) 2019/1152 of 20 June 2019 on transparent and predictable working…
Posted on 3rd January, 2022
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How can you support employees who are citizens of Ukraine?

Employers who employ Ukrainian citizens are now thinking about how they can help their employees and their family members. In addition to offering spontaneous support, e.g. by creating fundraisers, employers also have other options to help. Here are some suggestions…
Posted on 3rd January, 2022
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Compliance with the minimum wage in the matter of posting – EU jurisprudence

CJEU, 8 July 2021, aff. C-428/19, Rapidsped : In a preliminary ruling on July 8, 2021 relating to Hungarian drivers performing their work in France, the European Court of Justice, questioned by a Hungarian administrative and Labour Court, ruled on the…
Posted on 8th January, 2021
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UK: The EHRC have published draft Codes of Practice on the Equality Act 2010 (the “Act”)

The UK Equality Act 2010 (the “Act”) covers all areas of equality and discrimination legislation.  The Codes of Practice (the “Codes”) are key to understanding the new obligations under the Act. The Equality and Human Rights Commission (“EHRC”) has produced…
Posted on 12th January, 2010
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