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In a brief overview, we look at work shifts and their foundation in and treatment under Mexical Federal Labour Law. What is a work shift under Mexican labour law? Pursuant to Mexican Federal Labour Law, a work shift is the time in which an employee is subject to the direction of the employer. That is, the time that the employee is dedicated to work under…
A recent Court of Appeal decision has confirmed that when allocating commission employers must exercise their discretion rationally and in accordance with the terms of the relevant contractual documentation (Hills v Niksun Inc). The case concerned Mr Hills, who was employed by Niksun Inc as its UK sales manager. After a sale of security software, he was promised that he would be “looked after” in…
Changes to legislation in the past years have changed the landscape for employing trainees in France. We provide a brief overview of the current legal framework. What are the general principles? Under the law in force since 12 July 2014 regarding traineeships and professional training periods (Law n°2014-788, dated 10 July 2014), the legislator wanted to accomplished three objectives: to encourage the development of good…
The Final Rule published by the U.S. Department of Labor (DOL) amending the „white collar“ exemption tests for executive, administrative, and professional employees under the Fair Labor Standards Act (FLSA) will take effect December 1, 2016. Although it is possible the implementation date could be delayed by court order as a result of litigation challenging the rule, currently no such order has been issued. Accordingly,…
In many civil law countries – France, Germany, Spain and Italy to name but a few – it is both normal and indeed a legal necessity to pay for restrictive covenants, such as non-compete, non-solicit and non-dealing clauses, during the term for which they are in force. That has never been the case in the UK and other common law lands, where the test has…
A qualifying recognised overseas pension scheme (QROPS) is a pension scheme established outside the UK which is broadly similar to a UK registered pension scheme. Members of UK registered pension schemes have a statutory right to request a transfer to a QROPS – this can be an attractive option for individuals who have built up their pension benefits whilst working in the UK but wish…
For multi-national companies transferring senior executives to the Americas (specifically focusing on Mexico, Argentina and Brazil), there are a number of key employment issues that should be considered to avoid complications for your expat employees. Applying for a different visa may give rise to the assumption of an employment relationship which would become particularly relevant on termination. Expats in Mexico When relocating to Mexico the first…
French companies looking to restructure or close sites may have to anticipate a lot of employee pushback. Recent press has extensively covered cases where staff did not even shrink from physical violence against managers and senior employees. This of course raises a multitude of questions – how can companies protect themselves and their staff, and not endanger the restructuring process at the same time? In…
Working time is one of the most central aspects of the employment relationship. Over the last years, there have been varying developments in the different European countries, from new legislation being adapted to new collective agreements and technological developments, that each in their own way have influenced the way working time is viewed. We provide an overview on those developments. General considerations on working time…
Today, the government has announced it will update the Equal Pay Act 1972 and amend the Employment Relations Act 2000 to implement recommendations on pay equity. This announcement signals a significant change to how pay equity claims will be dealt with and has important consequences for employers, especially in female dominated industries. Background Pay equity has come to prominence as a result of legal action…