UK/EU: ECJ rules that Member States must require actual hours worked to be recorded

The ECJ has followed the Opinion of EU Advocate General Pitruzzella in ruling that, under the EU Charter of Fundamental Rights and the EU Working Time Directive, member states must require employers to set up an “objective, reliable and accessible” system for recording the actual number and distribution of hours worked by individual workers each … Read more

UK/EU: ECJ ruling highlights the potential for discrimination claims if benefits based on salary are reduced to reflect temporarily reduced pay

In RE v Praxair MRC SAS the European Court of Justice has ruled that the calculation of compensation payments for dismissal and redeployment of an employee on a full-time contract, who was on part-time parental leave (as permitted under French law), must be carried out on the basis of the full-time salary.  Calculating these payments based on … Read more

UK/EU: recent rulings on jurisdiction over EU international employment disputes

Where disputes involve individual employment contracts, EU jurisdiction rules provide that the employee can only be sued where they are domiciled. In Bosworth v Arcadia Petroleum, the ECJ has ruled that for an individual to have an employment relationship for these purposes, they must perform services for and under the direction of another person, implying the … Read more

France: Recent and Upcoming Labour Reforms

Several important employment law reforms have come into force recently or will come into force shortly, both at the EU and French level. Below are some of the changes to expect for 2019: Read more

France: Gender Pay Gap

A recent law (law n°2018-771 dated 5 September 2018) has implemented a new obligation for companies of more than 50 employees to publish each year (through their website or by any means as long as their employees are informed of this) specific indicators relating to any potential pay gap or different treatment between men and … Read more

EU: draft guidelines on GDPR extra-territoriality published

On 23 November 2018, the European Data Protection Board published its draft guidelines on Article 3 of the GDPR, being the provision that sets out the territorial scope of Europe’s data protection legislation. The GDPR seeks (via Article 3) to extend its reach beyond European borders, making non-EU organisations directly subject to its obligations when processing … Read more

France: changes to French Works Councils requirements

As a reminder, following the Macron Reforms of 22 September 2017, all companies with 11 or more employees must put in place a Social and Economic Committee (a “CSE”) by 31 December 2019. This means that: companies with between 11-49 employees who did not previously have an obligation to have a Works Council must now … Read more

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such as tech giants, agile biotech start-ups and insurers. In this article we explore how the … Read more