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Lewis Silkin LLP | United Kingdom | 24 May 2023
Changes to working time, holiday and TUPE: retained EU law plans announced
The government has published a consultation paper on proposed changes to working time record keeping, annual leave and holiday pay calculations, and Transfer of Undertakings (Protection of Employment) Regulations 2006 consultation requirements – while confirming that the vast majority of EU-derived employment law will remain (at least for the moment) unchanged. The government's plan is to......
Lewis Silkin LLP | United Kingdom | 17 May 2023
Government to cap non-compete clauses and make limited changes to TUPE and Working Time Regulations
In a new policy paper, the government has announced a plan to limit non-compete clauses to three months. The government has also agreed to scrap the controversial sunset clause in its Retained EU Law Bill, which could have seen thousands of EU-based laws disappear at the end of 2023. Limited reforms to the Working Time Regulations and the Transfer of Undertakings (Protection of Employment)......
Lexology PRO | Asia-Pacific, Australia, European Union, etc. | 15 May 2023
Employment: key updates and developments (9 – 15 May)
The UK sets out post-BREXIT employment law reforms, Spain bans work during the hottest hours of the day, and Israeli employers have until 1 June to file gender pay gap reports – plus other key updates.
BarentsKrans | Netherlands | 26 Apr 2023
Failure to keep records of working times proves costly
In 2019, the European Court of Justice ruled that the EU Working Time Directive implies that member states must impose an obligation on employers to "to set up an objective, reliable and accessible system enabling the duration of time worked each day by each worker to be measured". The Amsterdam Court of Appeal has issued an important ruling for employees who believe that working hours are......
Homble Olsby | Littler | Norway | 8 Mar 2023
Gender equality in Norwegian working life
Norway is among the best countries in the world when it comes to gender equality, including equality at work. But despite increased awareness and regulation, there are still differences between women's and men's income and career patterns. If full gender equality is to be achieved, the effort to promote it must continue – both at the societal level and in the workplace.
Lewis Silkin LLP | United Kingdom | 1 Mar 2023
Workers (Predictable Terms and Conditions) Bill: will it lead to a surge in requests?
The government is finally following up on its 2018 promise to address "one-sided flexibility" in work contracts by backing this private member's bill. The bill is likely to have the greatest impact on industries where shift patterns vary as rotas change, and where work is very casual in nature. However, whether it will amount to much more than another "box ticking" exercise remains to be......
Gan Partnership | Malaysia | 22 Feb 2023
Employment Act 1955 now protects all employees
The ambit of the Employment Act 1955 recently changed to cover all employees. It is important for employers to revisit their employment contracts to ensure that they comply with the amended Act. This article outlines some of the key changes, which include new paternity leave allowances, changes to sick leave provisions and a new duty for employers to raise awareness of sexual harassment.
FordHarrison LLP | USA | 22 Feb 2023
Eleventh circuit reinforces fluctuating workweek method of paying overtime
In Hernandez v Plastipak Packings, Inc, the Eleventh Circuit reaffirmed the "fluctuating workweek method". This enables an employer to pay a non-exempt employee a fixed salary for all hours worked in a workweek and "half-time" of an employee's regular rate for all hours worked greater than 40 in a workweek, instead of "time-and-a-half" pay for those hours.
Lewis Silkin LLP | United Kingdom | 8 Feb 2023
Holiday entitlement for workers with part-year or irregular working patterns: government consults on new approach
The government wants to legislate to make sure that holiday entitlement stays in proportion to time worked, correcting the problem identified in 2022's landmark holiday ruling in Harpur v Brazel. This is a positive step forward, although the government's idea of using a lookback system (which has never been used before) may not work for everyone. This article takes a first look at what is......
3PB Barristers | European Union, United Kingdom | 8 Feb 2023
Calculating holiday entitlement for part-year and irregular hours workers: reflections on the Government Consultation
Following the Supreme Court's judgment in Harpur Trust v Brazel (see our case summary here), the Department for Business, Energy and Industrial…
