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Hogan Lovells | France | 11 May 2022

Invoking exception of illegality of collective agreements: how employee representatives can defend their own rights

Nullifying a collective agreement is strictly regulated by the provisions of article L. 2262-14 of the Labour Code and must take place within two months. If the judge recognises the nullity of a collective agreement, it is retroactive and enforceable against third parties. The Plenary Chamber of the Court of Cassation recently recognised the right of social and economic committees and trade......
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Lexology PRO | Canada, Colombia, European Union, etc. | 9 May 2022

Employment: key updates and developments (3 – 9 May)

The UK proposes to widen bans on exclusivity clauses, Canada tightens restrictions on no-poach and wage-fixing agreements, and the US extends foreign worker documentation deadlines to 540 days – plus other key updates.
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De Luca & Partners | Italy | 27 Apr 2022

Costituisce condotta antisindacale il licenziamento del delegato RSU in assenza di nulla osta

Il Tribunale di Santa Maria Capua Vetere, con Decreto ex art. 28, Legge n. 300/1970, del 24 febbraio 2022, ha affermato che il licenziamento del…
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Lexology PRO | Global, United Kingdom, USA | 21 Apr 2022

Collective redundancies: key lessons from P&O Ferries, Tesco, and Better.com

Pre-recorded videos, omitting consultations, and same-day Zoom calls are among the COVID-era redundancy techniques that businesses should avoid.
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Lewis Silkin LLP | United Kingdom | 13 Apr 2022

Court of Appeal lifts restriction on employers responding to industrial action

The Court of Appeal has ruled that UK legislation does not prevent employers from taking steps falling short of dismissal in response to industrial action. Employees have long had protection from being dismissed for taking part in industrial action. When it comes to action short of dismissal, however, the law is different. This judgment will lead to some relief for employers facing strike action.
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Apolat Legal | Vietnam | 11 Apr 2022

Trade Unions - Establishment Procedures And Conditions For Maintaining The Primary Trade Union Activities

Trade Union is a term familiar to the state agencies, government organizations in the party but this term is quite strange and not widely popular…
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Lexology PRO | Asia-Pacific, Australia, Canada, etc. | 5 Apr 2022

Employment: key updates and developments (29 Mar – 4 Apr)

Australia makes its first conviction of industrial manslaughter, Amazon workers unionise for the first time in the US, and the UK considers extending minimum wage to seafarers– plus other key updates.
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CMS Albiñana & Suárez de Lezo | Spain | 30 Mar 2022

Supreme Court fines nursing trade union for offering €100 vouchers to members for voting in union elections

In a recent judgment, the Supreme Court had to determine whether it was legal for a trade union to offer €100 holiday resort vouchers to its members as a reward for voting in the union elections. The Supreme Court's intention with this ruling was to declare the prohibition of practices intended to obtain votes in exchange for rewards as a fundamental principle of any democratic election......
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Fox Rothschild LLP | USA | 23 Mar 2022

Union without an election? NLRB's possible return to Joy Silk Mills

Under current law, an employer presented with evidence that a union wishes to represent its employees may insist upon an election overseen by the National Labor Relations Board (NLBR). However, NLBR General Counsel Jennifer Abruzzo seeks to upend this current practice and potentially force employers to recognise the union based on signed employee authorisation cards instead. This should worry......
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Lexology PRO | Asia-Pacific, Australia, Canada, etc. | 28 Feb 2022

Employment: key updates and developments (22 – 28 Feb)

60% of UK workers believe they are under surveillance at work, Spain and Germany increase minimum wages, and Czechia looks at how employers can respond to Ukranian call-up orders – plus other key updates.
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