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International Labor and Employment Law

Category Archives: Germany

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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

Germany Adopts EU’s Pension Directive, and May Place Burdens on Employers’ Use of Temporary Workers

flag for GermanyPosted in Germany

Pension Law On December 18, 2015, the German legislature approved a law that adopted the pension provisions of the EU Mobility Directive. The Directive was passed to enhance worker mobility between EU countries by requiring stronger pension protections, yet some EU member countries have yet to adopt the pension provisions of the Directive. The new… Continue Reading

Second Circuit Affirms No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision

flag for Chinaflag for Germanyflag for United StatesPosted in China, Germany, United States, Whistleblowing

This article is also authored by Steven J Pearlman and Harris M Mufson In Liu v. Siemens A.G., No. 13-cv-4385, 2014 WL 3953672 (2d Cir. Aug. 14, 2014), the Second Circuit affirmed that the anti-retaliation provision in Section 922 of Dodd-Frank does not apply extraterritorially.  This post examines the Court’s reasoning and the implications of this… Continue Reading

Labor and Employment Updates from Around the World: Germany

flag for GermanyPosted in Discrimination, Employment Contracts, Germany

In the first of our new series of labor and employment updates from around the world, we focus on Germany, where there have been a number of recent and significant developments.  With the help of Gleiss Lutz (a firm with offices throughout Germany), we are delighted to provide you with the latest news from Germany…. 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

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

International workplace dispute practices: key concepts for today’s global employers

flag for Chinaflag for Franceflag for Germanyflag for Spainflag for United Kingdomflag for United StatesPosted in China, France, Germany, South Africa, Spain, United Kingdom, United States

Increasingly, companies with operations or employees in more than one country are exposed to the risk of court proceedings in a foreign jurisdiction and the unfamiliar practices and procedures arising out of overseas litigation. Naturally, a flurry of questions arises: Can we arbitrate? Must mediation be pursued? How long will the process take? Understanding the… Continue Reading

Mobile Executives and International Assignments: A Cross-Border Perspective

flag for Franceflag for Germanyflag for United Kingdomflag for United StatesPosted in France, Germany, Seminar, United Kingdom, United States

SEMINAR – Wednesday, March 28, 2012 Program: Assigning employees overseas is an increasingly important consideration for international businesses. In our globalized world, there is a growing perception that geography cannot operate as a barrier to placing the right talent into the right job. Indeed, for many global businesses, spending time abroad and having first-hand experience of overseas… Continue Reading

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

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    

Privacy and Social Networking in the Worplace: France, Germany and the UK

flag for Franceflag for Germanyflag for United KingdomPosted in France, Germany, United Kingdom, Webinar

WEBINAR – Tuesday, June 28, 2011 Issues Covered: Facebook, Twitter, Linked-In and the rest of the new social networking media have revolutionized the ways employees communicate with each other, but have left employers struggling to figure out how or whether rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to these new forums. For multinational employers,… Continue Reading

Resolution of Workplace Disputes around the World

flag for Brazilflag for Chinaflag for Franceflag for Germanyflag for Spainflag for United KingdomPosted in Brazil, China, France, Germany, Seminar, South Africa, Spain, United Kingdom

SEMINAR – Thursday, April 7, 2011 Program: As workforces become increasingly global, it is crucial for employers to be aware of the different ways that workplace disputes are resolved in different countries. Proskauer’s International Labor & Employment Group invites clients and friends to attend an overview of global workplace dispute resolution. The speakers from our… Continue Reading