Redundancy

France: The Loi Travail – Briefing 4

This briefing summarises the Macron reforms in relation to the introduction of a new codified right to make collective terminations by agreement (outside of a social plan). This is a change from the current situation, permitted by case law, where … Continue reading

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Filed under Jurisdiction: France, Redundancy

France: The Loi Travail – Briefing 3

This briefing summarises the Macron reforms in relation to the simplification of redundancy processes: limiting the economic difficulties test to the business sector in France exclusively; refining what is a business sector; reducing the redeployment obligations – limiting these to … Continue reading

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Filed under Jurisdiction: France, Redundancy

France: The Loi Travail – Introduction

One of Emmanuel Macron’s key campaign promises was the reform of laws relating to employees partly, in order to help French companies respond in a more flexible manner to the challenges they are facing to become more competitive in the … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: France, Redundancy, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

UK: Employees overseas – territorial scope of collective redundancy obligations

The EAT has confirmed that the obligation to consult about collective redundancies applies where the employees assigned to an establishment have a sufficiently strong connection to Great Britain and British employment law; it is not the connection of the establishment … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Redundancy

UK: Employees overseas – need for caution in using standard employment contracts

The fact that an employee working overseas is on an employment contract governed by English law is a relevant factor in determining whether he can bring an unfair dismissal claim in England, even if it was simply a standard contract … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Redundancy

China: Guidance on what a “major change in objective circumstances” means

A recent judicial interpretation (Interpretation) issued jointly by the Supreme People’s Court and the Labour Dispute Arbitration Committee in Beijing provides timely clarification (among other things) of what is meant by the term “major change of objective circumstances” in the … Continue reading

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Filed under Jurisdiction: Asia, Redundancy

UK: Redundancy – EAT rules on selecting for a reduced number of roles

The EAT's decision in Green v London Borough of Barking & Dagenham highlights the need for employers to ensure they adopt a fair process on a restructuring, even when the situation is one of deletion of several roles and selection … Continue reading

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Filed under Jurisdiction: UK, Redundancy

UK: Redundancy – EAT rules on approach to suitable alternatives

Employers considering withholding a statutory redundancy payment, on the ground that they have offered a suitable alternative job which has been refused, should encourage employees to disclose any reasons they have for rejecting the alternative offered prior to a final … Continue reading

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Filed under Jurisdiction: UK, Redundancy

Spain: Increase in the basis used to calculate the severance payment for dismissal

On 3 May 2017, the Spanish Supreme Court (the “Supreme Court”) issued a judgment in which it declared that employer’s contributions to (i) medical insurance policies; (ii) life insurance policies; and (iii) pension plans, should be treated in the same way … Continue reading

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Filed under Jurisdiction: Spain, Redundancy, Remuneration (including bonus and incentive plans), Termination of employment

Hong Kong: The labour policy promises of the new Chief Executive

On 26 March 2017, Carrie Lam Cheng Yuet-ngor was elected as the city's next (and first female) chief executive, after winning 777 votes from a 1,194-member election committee. In a 520-page manifesto, Carrie Lam set out her policy campaign including, … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Redundancy