Social media and the workplace: Legal considerations for employers

Originally published on the Human Resources Online website on 19 December 2019 this article explores the issues around social media in the workplace, in the context of the Hong Kong protests.    Social media is increasingly creating issues in workplaces around the world and blurring employees’ work and personal lives. On the one hand, its use allows employers to promote a positive image of their business…

Can a bank prevent its employees from investing in cryptocurrencies?

It follows from Danish employment case law that an employer has what is known as ‘management rights’ over its employees. This means, among other things, that an employer can, to a certain extent, issue guidelines relating to employee behaviour. However, there are limits on how intrusive these guidelines can be. In this case, the question was whether a major bank went too far by banning…

What a Conservative Government means for UK immigration law

What will the new Conservative government mean for immigration law and policy in the UK? Having fought his campaign on the promise to ‘get Brexit done’ it is now certain that Mr Johnson will take the UK out of the EU. With a 78-seat majority, Mr Johnson plans to bring his Withdrawal Agreement Bill back to the commons next Friday and pave the way for…

What does the new Whistleblower Directive mean for EU employers?

The Whistleblower Directive was published on 26 November and Member States now have two years to implement it. This article explains the key provisions of the Directive and what it will mean for employers. The Directive sets out common standards for protecting individuals who report information on breaches of EU law they acquired in a ‘work-related context’. It protects whistleblowers in both the public and…

Three ways companies in France can meet their social responsibilities

In 2019, companies are expected to engage with social, environmental and community issues, beyond simply developing their economic activity. To some degree, companies must contribute to improving society and to fighting against inequalities. Their purpose goes beyond the sole interest of shareholders. Below are three concrete examples to illustrate this evolution. 1. The ‘social and solidarity economy’ model The scope of the Social and Solidarity…

Social Security Contributions vary in Eastern Europe

Employers and employees make social security contributions at different rates across eastern Europe, presenting coordination challenges for multinationals. A previous article discussed social security contributions in the Americas. This article highlights contribution rates in eastern Europe. Bulgaria In Bulgaria, the employer’s contribution is from 14.12 percent to 14.82 percent of the employee’s salary, while the employee’s contribution is 10.58 percent. For specific types of work,…

UK - Something to be-leave in? Brexit as a philosophical belief

There are strong feelings on either side of the Brexit debate, with people passionately arguing for both leave and remain. What issues arise if a supporter brings their views into the workplace? Are there potential discrimination risks? Could ‘Brexit’, or an equally strong belief in ‘remain’, count as a philosophical belief for the purposes of the Equality Act 2010 (‘EqA’)? The legal test for a…

Europe - What was the first year of GDPR like? Where is it heading?

This article initially published on the Open Access Government page on 16 October 2019 explains the current and future effects of the GDPR one year after its implementation. Ius Laboris share their thoughts on what the first year of GDPR looked like and where they see it heading in the future. In the run-up to 25 May 2018, preparations for the implementation of the European…

Belgium + Comments from other countries - Mental health at work: how healthy is the law?

How does Belgian law safeguard mental health in the workplace? This article describes the law and provides some guidance for employers. The issue of mental health in the workplace According to the Special Eurobarometer produced by the European Commission, almost one in ten Europeans struggles with mental health issues. The World Health Organisation (WHO) estimates that the costs related to mental health problems for the…

Europe - European Court of Justice rules on the scope of the ‘right to be forgotten’ for search engines

Two recent European Court of Justice cases have given guidance on the scope of the ‘right to be forgotten’. The European Court of Justice has published its rulings in two prominent cases addressing the scope of ‘the right to be forgotten’ under EU privacy laws. Both cases involved Google and the French National Commission on Informatics and Liberty (‘CNIL’). The right to be forgotten was…