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European Union › Termination

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
K&L Gates LLP

Internal Investigations of Harassment Claims

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In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

Proskauer Rose LLP

Private Credit Deep Dives – Going Exclusive (Europe)

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In recent months, market participants have become increasingly optimistic about the probability of a “soft landing” in the US economy, whereby tight monetary policy is shown to have tamed inflation whilst avoiding triggering...more

Proskauer Rose LLP

UK Tax Round Up - February 2024

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Settlement payment subject to tax as employment income - In Mathur v HMRC, the Upper Tribunal (UT) has upheld the FTT’s decision that a £6 million settlement payment to a former employee following an employment tribunal...more

MoFo Employment Law Commentary (ELC)

Collective Redundancies In Europe

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One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,...more

Dechert LLP

Key Developments for Employers in the UK - Issue 06

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Government scales back the proposed revocation of EU law bill and announces changes to the Working Time Regulations, TUPE and non-compete clauses - In previous editions of the Edit we reported on the proposals in The...more

Dechert LLP

The Employment Edit - Issue 5 - Spring 2023

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Welcome to the fifth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Health Care Compliance Association (HCCA) on

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Dechert LLP

Key Developments for Employers in the UK - Issue 4

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Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more

Dechert LLP

Economic Difficulties as Basis for Termination (Cass., Soc., June 1, 2022, n° 20-19.957)

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The French Supreme Court has just provided very useful guidance for employers on how to secure a valid termination: when justifying a termination on grounds of economic difficulties, the employer can only consider the period...more

McDermott Will & Emery

Neues zum Whistleblowing – Neuer Referentenentwurf zum Hinweisgeberschutzgesetz

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Am 13. April 2022 veröffentlichte das Bundesministerium der Justiz einen Referentenentwurf für ein Hinweisgeberschutzgesetz („HinSchG-E“). Umgangssprachlich als „Whistleblowergesetz“ bezeichnet, setzt es eine entsprechende...more

McDermott Will & Emery

Neuer Stolperstein bei der Massenentlassungsanzeige?

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Im Falle von Massenentlassungen hat der Arbeitgeber eine Vielzahl von Formalitäten zu beachten. Unter anderem muss der Arbeitgeber den Betriebsrat durch eine Mittelung informieren. Zusätzlich fordert das Gesetz, dass der...more

Goodwin

ESMA Cloud Outsourcing Guidelines – Practical Points for Cloud Service Providers and Regulated Entities

Goodwin on

The European Securities and Markets Authority (“ESMA”) Final Report Guidelines on outsourcing to cloud service providers (“the Guidelines”) came into force on 31 July 2021 and apply to all cloud outsourcing arrangements...more

Littler

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

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In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more

Morrison & Foerster LLP

New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations

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As part of the new Fair Consumer Contracts Act, Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. These mechanisms come on top of the updated EU-wide consumer contract rules...more

Morrison & Foerster LLP

Some Things Never Change… Including, Apparently, T&Cs In Germany

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With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way to make changes to terms and...more

Littler

The Netherlands: When does the prohibition against termination during sickness apply?

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In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection...more

BCLP

UK HR Two Minute Monthly: post-termination restrictions; discrimination and victimisation claims; right to respect for private...

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Our January update considers recent developments in employment law, including cases on post-termination restrictions, interim relief for discrimination and victimisation claims, and the right to respect private life. We also...more

Orrick, Herrington & Sutcliffe LLP

The Ill-fated Termination of Intra-EU Bilateral Investment Treaties

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In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more

BCLP

Top bankers without termination protection?

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The Brexit Transition Act (“Brexit-StBG/Steuerbegleitgesetz” – The Act) will allow banks in Germany to terminate the employment of their high paid employees without following the usual strict requirements of German labor law....more

Jones Day

Brexit and German Employment Law—A New Type of Interaction

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The Background: In an effort to benefit from Brexit, Germany is looking at ways to attract financial institutions and reduce their fears of excessive employee termination protections in Germany. The Situation: The German...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - July 2018

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ANTICORRUPTION DEVELOPMENTS - DOJ Extends FCPA Corporate Enforcement Policy to Misconduct in Mergers and Acquisitions - On July 25, 2018, in a speech to the Ninth Global Forum on Anti-Corruption Compliance in High Risk...more

Faegre Drinker Biddle & Reath LLP

European Court of Human Rights: Monitoring Employee Communications

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In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

BCLP

Termination of employment due to poor performance – a brief legal comparison

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Bryan Cave's Scandinavian Desk advises numerous Scandinavian clients in Germany. This article highlights the similarities and differences between German and Swedish law regarding the termination of employment due to poor...more

McDermott Will & Emery

Der Urlaubsabgeltungsanspruch ist vererbbar

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Mit einer kurz vor Jahresende veröffentlichten Entscheidung hat das BAG (bereits am 22. September 2015 – Az: 9 ARZ 170/14) festgestellt, dass der Urlaubsabgeltungsanspruch vererbbar ist. Geklagt hatten die Erbinnen eines...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2016 #2

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EU Permits Employers to Monitor Private Employee Communications - Why it matters - In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more

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