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International Labor and Employment Law

Category Archives: Terminations

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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

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

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

Termination for Offensive Social Media Posts May Be a “Reasonable Response” in the UK

flag for United KingdomPosted in Code of Conducts, Terminations, United Kingdom

The UK Employment Appeal Tribunal (EAT) recently considered two unfair dismissal cases in which an employer terminated an employee for inappropriately posting on personal Twitter or Facebook accounts. In both cases the EAT overturned the tribunal judge’s ruling for the employee; remanding one case for failure to apply the reasonable responses test and declaring the… 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

Ten Frequently Asked Questions about China’s Labor Law

flag for ChinaPosted in China, Employment Contracts, Remunerations, Restrictive Covenants, Terminations, Working Time

With the explosive growth of the Chinese economy, many companies are opening offices in China.  Hiring employees in China requires a detailed understanding of local laws and regulations.  Ying Li and Lijuan Hou of Proskauer’s Hong Kong office have compiled this list of ten frequently asked questions about the laws affecting foreign employers opening offices… Continue Reading