Suche 
The Belgian Competition Authority recently rendered a decision imposing significant fines totaling EUR 47 million on competitors guilty of a variety of anti-competitive agreements, including ‘no-hire’ clauses. A ‘no-hire’ agreement (also called a ‘non-poaching’ agreement) is an agreement that one employer will not recruit or hire another employer’s employees. In some limited contexts (primarily in service contracts), these agreements may be enforceable. Significantly, however, the…
When does the obligation to report a workplace accident arise? Should an accident at work report be made when the circumstances around a reported accident seem doubtful or unlikely? Or when the employee who was involved in an alleged accident does not seem to show any injuries and does not provide a medical certificate? Or when the employee’s injuries seem likely to be attributable to…
In a recent decision, the Litigation Chamber of the Belgian Data Protection Authority (DPA) indicated that it is unlikely that valid consent to the processing of biometric data can be given in the context of an employment relationship. The employee in this case was first employed as a temporary worker and then as an employee of the employer. The employer used a time recording system based on fingerprints….
On 30 June 2024, a Legislative Decree came into force that introduced important changes to national legislation on disability. This decree is the latest of several recent legislative decrees implementing the 2021 delegation law on disability, which were necessary to adapt the Italian legal system to United Nations and EU guidance on the rights of persons with disabilities. The implementing legislative decrees published to date are the following: a decree…
The European Union’s (EU) Corporate Sustainability Due Diligence Directive (CSDDD) is one of the most significant corporate responsibility reforms in recent years. Its impact will be felt far beyond the EU – including in Australia. The CSDDD was formally adopted by the EU Parliament in April and published on 5 July 2024. It requires EU member states to implement legislation in accordance with the Directive,…
A recent amendment to Israel’s sexual harassment law expands the obligations of an employer under the law to cover employees of contractors providing services to the employer. The Law for the Prevention of Sexual Harassment is intended to address, among other issues, occurrences of sexual harassment in the workplace. Towards this goal, various obligations applying to employers are set out, including an obligation to establish…
The amendment, which went into effect on 29 June, transposes a 2022 EU Directive into Polish law. It adds several named reprotoxins to the section of the Labour Code that covers carcinogens and mutagens in the workplace. Work is also under way to issue secondary legislation imposing new duties on employers. In accordance with the new law, employers must strive to replace reprotoxins with substances…
Can an employer dismiss an employee for a single wrongful act? And if so, does this wrongful act make the employee liable for damages caused to the employer? The Luxembourg Court of Appeal answered these questions in a recent case. In this case, an employee caused an accident while moving a 15-tonne forklift tractor to retrieve his 3-tonne forklift. The employee had neither the training…
Promoting diversity and inclusion in the workplace is a fast-moving area of law and HR practice. What’s new across the world? Harassment In the wake of the #MeToo movement, many jurisdictions implemented or improved harassment protections and that trend is still evident across the world. In Denmark the government and social partners have entered into a wide-ranging agreement on sexual harassment to foster change. Consisting…
The Italian Data Protection Authority has adopted an updated version of a guideline document on email retention that it originally issued in December 2023, but which had been suspended. The document is entitled ‘Computer programmes and services for email management in the workplace and metadata processing’. With this document, the Data Protection Authority states that it intends to provide employers with guidelines on how to manage employee email accounts, and…