Header graphic for print
International Labor and Employment Law

Category Archives: European Union

Subscribe to European Union RSS Feed

What Employers Need to Know about Europe’s General Data Protection Regulation

flag for European Unionflag for United KingdomPosted in European Union, Privacy, United Kingdom

Proskauer has released a white paper on “What Employers Need to Know about Europe’s General Data Protection Regulation.” As you may know, on April 14, 2016, the European Parliament approved the General Data Protection Regulation (“GDPR”), which will replace the EU’s current data privacy standard and begin to apply on May 25, 2018. This paper… Continue Reading

The Top Ten Things You Should Know About UK Employment Law

flag for European Unionflag for United KingdomPosted in European Union, Privacy, United Kingdom, Whistleblowing

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment team published the Top Ten Things to Know About the UK Employment Law Landscape in 2017. In this briefing,… Continue Reading

UK Employment Tribunal Rules that Individuals Working in the “Gig Economy” are Entitled to Paid Leave

flag for European Unionflag for United KingdomPosted in Compensation & Benefits, Employment Contracts, European Union, United Kingdom

An Employment Tribunal in the United Kingdom ruled that a bicycle courier for CitySprint, a delivery firm, was a worker rather than self-employed and therefore entitled to paid leave.  This is the most recent decision in a string of UK cases dealing with the “gig economy,” namely, repeated short-term work such as ride-sharing or courier… Continue Reading

UK Tribunal Allows Expatriate to Bring Claims in the UK

flag for European Unionflag for United KingdomPosted in European Union, Expatriation, United Kingdom

In Jeffrey v. The British Council 2016, the Employment Appeal Tribunal (“EAT”) ruled that an employee who had an “exceptional degree of connection” with the United Kingdom could bring claims in the UK even though he had been working outside of the UK for over 20 years. This provides an important exception to the general… Continue Reading

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

flag for European Unionflag for United StatesPosted in Belgium, Discrimination, European Union, Terminations, United States

On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV, Case C-157/15, the AG stated that a neutral policy prohibiting employees from wearing visible religious… Continue Reading

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

flag for European Unionflag for United KingdomPosted in Discrimination, European Union, Privacy, United Kingdom

Employee’s Privacy Rights European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights.  Article 8 protects a person’s right to respect for their private and family life, and our blog has actively tracked developments on the subject (to review prior rulings, see here, here,… Continue Reading

German Labor Court Allows Review of Employee’s Browsing History

flag for European Unionflag for GermanyPosted in European Union, Germany, Privacy, Terminations

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized that employers have the right to monitor their employees’ internet communications in order to ensure productivity during work. (To review… Continue Reading

Trade Secrets Directive

flag for European UnionPosted in European Union, Whistleblowing

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European Parliament has now approved the Trade Secrets Directive. This Directive aims to provide a minimum, uniform level of protection in… Continue Reading

Further Insights: How the Recent Barbulescu Decision Impacts Employers in Europe and the United States

flag for European Unionflag for United StatesPosted in European Union, Privacy, Terminations, United States

Last month, we blogged about the much discussed ECHR Barbulescu opinion. (To review the implications of the case, please click here.) As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the United States. Purple Communications, Inc.: the United States’ approach to… Continue Reading

European Court of Human Rights Rules Employers Can Read Employees’ Emails

flag for European UnionPosted in European Union, Privacy, Terminations

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal email and social media accounts. The decision has attracted considerable publicity. Many headlines have implied that it gives employers carte blanche… Continue Reading

EU Data Privacy Updates

flag for European Unionflag for United StatesPosted in European Union, Privacy, United States

A brief rundown of developments in recent weeks in the area of EU data protection law: EU Data Protection Regulation On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of the justice ministers from each of the EU member states) reached an agreement on a draft data protection regulation, marking… Continue Reading

European Cross Border Employment Contracts: Which Law Applies?

flag for European Unionflag for Germanyflag for NetherlandsPosted in Employment Contracts, European Union, Expatriation, Germany, Netherlands

According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward), if the contract sets out which law applies, the law chosen by the parties regulates the employment relationship except if it has for… Continue Reading

International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy

flag for European UnionPosted in European Union, Privacy, Webinar

Webinar – Wednesday, October 16, 2013 Program: Proskauer’s Lloyd Chinn will be a panelist at The American Bar Association’s webinar “International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy”.  Lloyd and his panel will focus on the significant challenges posed by discovery sought from outside the United States, given the limited scope of… Continue Reading

ILG Blog Posting: Social Media Evolves

flag for Argentinaflag for Brazilflag for Canadaflag for Chinaflag for Czech Republicflag for European Unionflag for Franceflag for Germanyflag for Indiaflag for Italyflag for Japanflag for Mexicoflag for Netherlandsflag for Singaporeflag for Spainflag for United Kingdomflag for United StatesPosted in Argentina, Brazil, Canada, China, Czech Republic, European Union, France, Germany, India, Ireland, Italy, Japan, Mexico, Netherlands, North America, Privacy, Singapore, South Africa, Spain, Survey, United Kingdom, United States

Social media around the world continues to evolve and so does the International Labour Group at Proskauer.   For a second year in a row, Proskauer and its global partners have conducted a survey of multinational businesses to find out about how they are dealing with use of this new media in the workplace.  Our second… Continue Reading

Workplace bullying, mobbing and harassment – a global hot topic

flag for Canadaflag for European Unionflag for Franceflag for Germanyflag for Italyflag for Spainflag for Swedenflag for United Kingdomflag for United StatesPosted in Australia, Belgium, Canada, Denmark, European Union, France, Germany, Harassment/Bullying, Italy, Norway, Québec (Canada), Spain, Sweden, Uncategorized, United Kingdom, United States

Around the world, the issue of bullying, mobbing and harassment at work is one which is attracting more and more attention, both in the media and through legal developments which are increasingly protective towards employees.  The growing worldwide prominence of this issue means it is more important than ever for multinational businesses to have global… Continue Reading

How to deal with personal data for multinational companies?

flag for Canadaflag for European Unionflag for Franceflag for Indiaflag for United Kingdomflag for United StatesPosted in Asia-Pacific, Canada, European Union, France, India, North America, Privacy, United Kingdom, United States

For the first article of this blog, the Proskauer International Labor Group has decided to focus on this tricky question since we know that our friends and clients having an international presence face various issues when it comes to try to comply with all different local regulations about data privacy.

Bullying, Harassment and Stress in the Workplace — A European Perspective

flag for European Unionflag for Franceflag for Germanyflag for Italyflag for Spainflag for United KingdomPosted in Discrimination, Equality of Treatment, European Union, France, Germany, Harassment/Bullying, Health and Security, Italy, Seminar, Spain, United Kingdom

SEMINAR – Tuesday, December 6, 2011 Program: Bullying, harassment and stress in the workplace is becoming increasingly prevalent. Employers must be ever-more vigilant to prevent unwanted conduct that damages morale, increases staff turnover and exposes businesses to liability. During this panel session we compared the U.S. and European positions, looking at: The legal framework in… Continue Reading

The French Supreme Court Imposes an Obligation To Monitor the Working Days of Management-Level Employees

flag for European Unionflag for FrancePosted in European Union, France, Health and Security, Working Time

The French Supreme Court recently rendered a widely publicized decision which restates strict rules that employers must comply with to avoid the payment of overtime to employees whose work hours cannot be predetermined. Following this decision, French-based companies will have to check carefully that the working hours of management- level employees comply with the obligation… Continue Reading

Social Networks in the Workplace Around the World – L’utilisation des réseaux sociaux sur le lieu de travail : perspectives internationales comparées

flag for Brazilflag for Canadaflag for Chinaflag for European Unionflag for Franceflag for Germanyflag for Indiaflag for Italyflag for Japanflag for Mexicoflag for Spainflag for United Kingdomflag for United StatesPosted in Brazil, Canada, China, European Union, France, Germany, India, Italy, Japan, Mexico, Spain, Survey, United Kingdom, United States

SURVEY – July 2011 The business world continues to witness the ongoing and rapid proliferation in the use of social media at work. This, in turn, has left companies (as well as the courts) grappling to figure out how or whether rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to these new forums. Proskauer’s… Continue Reading

International Employment Litigation Issues

flag for Brazilflag for Chinaflag for European Unionflag for Franceflag for Germanyflag for Spainflag for United KingdomPosted in Brazil, China, European Union, France, Germany, Seminar, Spain, United Kingdom

Proskauer’s International Labor and Employment Group participated to the National Foreign Trade Council conference held in New York on July 15, 2011, at the Annual International Human Resources Management Forum: International Employment Litigation Issues Daniel Ornstein, Partner, London Betsy Plevan, Partner, New York Yasmine Tarasewicz, Partner, Paris SEMINAR: International Employment Litigation Issues    

International Data Privacy Law

flag for Canadaflag for European Unionflag for Indiaflag for United StatesPosted in Canada, European Union, India, Seminar, United States

Proskauer’s International Labor and Employment Group participated to the National Foreign Trade Council conference held in New York on July 14, 2011, at the Annual International Human Resources Management Forum: Data Privacy Issues in Cross-Border Employment Cécile Martin, Special International Labor & Employment Counsel, Paris Jeffrey D. Neuburger, Partner, New York SEMINAR: International Data Privacy… Continue Reading