The Whistleblowing Directive (EU) 2019/1937: A review across the EU

The Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law (the “Whistleblowing Directive”) was introduced with the aim of establishing safe internal and external channels of reporting for whistleblowers within a variety of different organisations. Under the Whistleblowing Directive, both private and public organisations must provide … Read more

COVID HEALTH PASS: A REVIEW ACROSS 33 JURISDICTIONS

There are many different rules and regulations governing how employees return to the physical workplace, following the upheaval of Covid-19, and how to ensure the health and safety of workforces. Do employees need to provide proof of a double vaccination, a negative test, or recent recovery from COVID-19?  The law is rapidly changing and varies … Read more

REMOTE/CONTROLLED = THE NEW TRUST EQUATION: THE FUTURE OF WORK REPORT 2021

Radical upheavals in working life are taking hold at a global level as remote and hybrid working leave lasting changes across industries in the wake of the Covid-19 pandemic. In response, employers are more inclined to advocate about geopolitical and social issues, use technology to manage and monitor the new ways of working, and adopt … Read more

France: class action reform – necessary, but debatable

Proposals for a new, general regime for class actions in France were recently presented to the French National Assembly. If accepted, the new regime will replace the current, sector-based approach where class actions are governed by a variety of consumer, environment, public health and employment legislation. It will also expand substantially the list of organisations … Read more

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