Newsflash – Trade union actions – what you need to know as an employer
When actions are announced, what about the right to remuneration for the employees willing to work who do not get to work (on time)? Furthermore, the employment of temporary agency workers is in principle prohibited during a strike. But when exactly is there a strike? Does this mean that no temporary agency worker may be …
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Newsflash – Sick during leave – Leave days become sick days
On 16 March 2023, a Royal Decree was published in the Belgian State Gazette aligning Belgian leave legislation with European Directive 2003/88/EC (the European Working Time Directive) and the case-law of the European Court of Justice. Employees are entitled to paid leave of at least four weeks annually. Under the new rules, the leave days …
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Newsflash – Binding value of A1 certificates and fraud
On 2 March 2023, the European Court of Justice has decided in the case DRV Intertrans BV (C‑410/21 and C-661/21) that the binding value of an A1 certificate remains intact even if the issuing authorities temporarily suspend the binding value of the A1 certificate. However, the court reiterates in accordance with previous case law that …
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Newsflash – Are daily rest periods additional to weekly rest periods or do they form part of them
In a judgment of 2 March 2023, the Court of Justice of the European Union ruled on the concepts of daily and weekly rest. The Court recalls that these concepts are autonomous and cannot be interpreted differently than the definitions provided for in Articles 3 and 5 of Directive 2003/88/EC. It is therefore not possible …
Newsflash – The special dismissal protection of contractual employees at HR Rail
In its judgment of 23 March 2023, the Constitutional Court confirmed that it is not discriminatory to provide special dismissal protection for contractual staff who execute (or were candidate for) a union mandate and not for statutory staff. The Court considers that statutory staff and statutory staff-trainees already enjoy extensive dismissal protection.
Newsflash – The harm suffered by the employer may play a role in assessing the severity of the misconduct
In a judgment of 6 February 2023, the Supreme Court ruled that when assessing a serious cause, the court may not as such disregard the harm suffered by the employer when determining the severity of the shortcoming.
Sebastian Luegmayer Appointed to P.R.I.M.E. Finance Panel of Experts.
O’Farrell is proud to announce that P.R.I.M.E. Finance, the Hague-based Panel of Recognized International Market Experts in Finance, has confirmed the appointment of Sebastián Luegmayer to its Panel of Experts (for more information please click here)
Arbitration and regulatory expert joins Hugill & Ip
Hong-Kong boutique law firm, Hugill & Ip, has just announced that Caroline Thomas has joined the firm as consultant with effect from 11 April 2023.
KOCHAŃSKI & PARTNERS IS AWARDED THE ECOVADIS SILVER MEDAL
Kochański & Partners has received a high rating in the ESG audit conducted by EcoVadis, an international specialist rating agency. EcoVadis is a trusted provider of corporate sustainability ratings, having to date audited more than 100,000 businesses from around the world. To demonstrate its commitment to responsible and sustainable business conduct, the Firm underwent a …
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The UAE plans to double its re-exports
The UAE Cabinet has approved the national agenda for re-export development 2030, comprising of 24 initiatives and programs aimed at doubling re-exporting from the UAE over the next seven years.