unfair dismissal

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals

Yumiko Ohta, Andrea Piermartini Rosi, Gary Siniscalco, Michael Weil and Nicola WhiteleyPosted on December 1, 2015

Asia Employment Law Update

Proposed Regulations May Complicate Reductions in Force in China

On December 31st, 2014, Ministry of Human Resources and Social Security (“MOHRSS”) issued a notice to solicit public opinions on the draft Regulations on Personnel Cutbacks by Enterprises (“Draft Regulations”). The Draft Regulations set out detailed implementing rules for “mass layoffs” (defined under the Labor Contract Law as being a layoff of more than 10% of the workforce or more than 20 employees) and, if adopted in their current form, will further complicate the process for conducting reductions in force in China.

Where to Draw the Line: HR’s Role in Disciplinary Decisions

Nicola WhiteleyPosted on October 16, 2015

In the recent case of Ramphal v. Department of Transport (DoT) the tricky question of where HR should draw the line in a disciplinary matter between guiding the decision-maker on the right decision, and making that decision for them, was considered. The results weren’t great for the HR manager involved in this case…

Is it now OK to have the ‘It’s not working…’ conversation in the UK?

Nicola WhiteleyPosted on August 22, 2013

July 29, 2013 was a big day for employment law in the UK.

Firstly compromise agreements were renamed ‘settlement agreements’. This is largely a rebranding exercise but one that is welcome as we now have a title which more accurately describes what the agreement is designed to achieve.

On this same date, changes around ‘pre-termination discussions’ came into effect. These changes are contained in the Enterprise and Regulatory Reform Act and talk about ‘confidentiality of negotiations before termination of employment’. The theory behind this new law is that employers should be able to discuss with their employees the option of the employee leaving with a settlement agreement without the risk that that discussion itself will be used against them in a future claim. READ MORE →

New Developments regarding Temporary Workers in Germany

Editorial BoardPosted on March 20, 2013

German companies rely heavily on temporary workers. Due to fundamental legislative reforms in the mid-2000s, it is possible to pay temporary workers a salary which is below the salary of comparable permanent staff. Therefore, the use of temporary workers provided by HR service providers is a cost effective way for German companies to flexibly adjust their workforce to the current demand of labor. However, in recent years, several High Court decisions have strengthened the rights of temporary workers. In the last months the Federal Labor Court (Bundesarbeitsgericht “BAG”) has issued several important decisions which aim to further improve the rights of temporary workers and also affect companies using the services provided by temporary workers. German companies who employ temporary workers should be aware of these important new developments. READ MORE →

Employment Law and Litigation

Employment Law and Litigation

unfair dismissal

Where to Draw the Line: HR’s Role in Disciplinary Decisions

Is it now OK to have the ‘It’s not working…’ conversation in the UK?

New Developments regarding Temporary Workers in Germany