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International Labor and Employment Law

The right to disconnect: a new right for French employees?

flag for FrancePosted in France, Working Time

A new law, called El Khomri law, passed on August 8th, 2016 in France providing a right to disconnect for employees.

Such right is entered into force on January 1st, 2017

According to the law, it belongs to the employers and the unions to negotiate this new right to determine its modalities of application and of control. Such negotiation should take place in companies having at least 50 employees and should provide for the implementation of mechanisms of regulation regarding the use of the new technologies in order to ensure the compliance with rest times and holidays and the familial and personal life of the employees. Continue Reading

High Court Decision Serves as a Cautionary Tale for Office Holiday Parties

flag for European Unionflag for United KingdomPosted in Code of Conducts, European Union, United Kingdom

The High Court ruled on December 1, 2016 that Northampton Recruitment Limited was not liable when a manager punched an employee twice in the head after a Christmas party. While the Company was not held liable, the case is a cautionary tale for companies during the holiday season.

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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 rule that employees have to be working in the UK to bring employment claims there.

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Record fine handed to TalkTalk in data protection breach in the UK

flag for United KingdomPosted in Privacy, United Kingdom

As previously reported on our Privacy Blog, TalkTalk, a major UK telecoms company, has been fined  a record breaking £400,000 for a data breach after they were hacked.  This fine, given by the ICO (the UK’s data protection authority), followed an in-depth investigation into an attack by hackers on TalkTalk’s systems where hackers obtained the details of 156,959 customers, including their names, addresses, dates of birth, phone numbers and email addresses. The maximum fine the ICO can require companies to pay is £500,000. Read the full post on our Privacy Law Blog.

The War on Modern Slavery Continues

flag for United KingdomPosted in Code of Conducts, United Kingdom

On July 30, 2016, newly-elected British Prime Minister, Theresa May, wrote an article detailing how her government would lead the charge in combatting modern slavery. As a major proponent of the UK Modern Slavery Act (and one who played a key role in the Act’s passage as former Home Secretary), May pledged to make it her personal mission to help eradicate the “barbaric evil” of slavery and human trafficking, calling it the “great human rights issue of our time.”  In doing so, she announced the allocation of £33 million from her aid budget to create a 5-year International Modern Slavery Fund focused on high-risk countries.

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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 symbols was not direct discrimination under Article 2(2)(a) of Directive 2000/78 EC, the EU Directive that addresses discrimination in the workplace. Furthermore, the AG indicated that such a policy may not constitute indirect discrimination either, and therefore not be illegal, provided it is based on a legitimate and proportional policy requiring religious or ideological neutrality in the workplace. This decision, while not binding, stands in stark contrast to the law on the subject in the United States, where just in 2015 the Supreme Court held that failing to hire an applicant because she wore a headscarf constituted discrimination.

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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, and here). The UK’s Employment Appeal Tribunal (EAT) recently further defined the limits of an employee’s expectations of privacy in the workplace when it held that an employee had no reasonable expectation of privacy in emails and photographs from his personal phone that had been passed to the police.

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New Law Imposes Additional Requirements on NGOs Operating in China

flag for ChinaPosted in China

Until recently, there have been few formal regulations regarding the operation of foreign non-governmental organizations (NGOs) in China. While the Chinese government has expressed skepticism and, at times, hostility toward foreign NGOs, many NGOs – including many prominent U.S. based organizations – currently operate in China. Based on new legislation in China, however, the status of the more than 7,000 foreign NGOs operating in China – in addition to many other organizations wanting to expand into the country – now remains in question.

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