International Labor and Employment Law

Category Archives: Employment Contracts

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Major Reform to the Thailand Labor Protect Act

On December 13, 2018, the National Assembly of Thailand approved significant amendments to the country’s Labor Protection Act (“LPA”). The amendments took effect on May 6, 2019. Under the amendments, employees with 20 or more uninterrupted years of service will be entitled to receive 400 days’ pay as severance. This is an increase from the … Continue Reading

Recent UK Ruling Highlights Risks of “Independent Contractor” Status

In most jurisdictions, there is a binary distinction between “independent contractors” and “employees,” with employment rights only afforded to “employees.” In the UK, there is a third class—“worker” —who benefit from certain employment rights, including paid time off and a minimum wage. The case of Addison Lee Ltd. v. Lange and Others provides important guidelines … Continue Reading

More Countries Consider Implementing a “Right to Disconnect”

As we move into 2019, it is worth checking in on the “right to disconnect,” a French employment right that now has been adopted or proposed in multiple other countries. Basis of the Right We live in a hyper-connected world, and more and more companies now provide laptops and cell phones with the expectation that … Continue Reading

Brazil’s President Approves Labor Reform Bill

On July 14, 2017, Brazil’s Labor Reform Bill (Law No. 13.467) (the “Bill”) was published after it was approved by President Michel Temer. The new law will go into effect on November 11, 2017. The Labor Reform Bill will make extensive changes to several provisions of the Brazilian Labor Code. The Bill is significant because … Continue Reading

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

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

European Cross Border Employment Contracts: Which Law Applies?

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

Ten Questions Regarding Brazilian Labor and Employment law

1. What are the primary sources of labor and employment rights in Brazil? There are four major sources of labor and employment rights in Brazil: (i) the Federal Constitution; (ii) the Brazilian Labor Act (Consolidação das Leis do Trabalho, or “CLT”); (iii) collective bargaining agreements; and (iv) employment contracts (including companies’ common practices). 2. Under … Continue Reading

About the National Agreement Reached by Unions in France: Is French Labor Law Becoming More Flexible? Is the French Labor Code Revolutionized?

Over the past 2 years, several European countries, like Spain or the UK, have decided to simplify and lighten their labor and employment regulations to enable their companies to compete with emerging markets and to face the economic crisis. In France, the Government has opted not to unilaterally modify the law but to give the employees’ and … Continue Reading

International Labor Group Fall CLE Seminar

SEMINAR – Wednesday, November 14, 2012 Program: Our Fall Seminar was organized with speakers from 7 countries and 4 continents – North America, South America, Europe and Asia. Complementing our own global team of savvy and experienced labor and employment lawyers from the U.S, China, England and France, we were proud to welcome our colleagues from … Continue Reading

Ten Frequently Asked Questions about China’s Labor Law

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
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