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“Firing and rehiring” is the practice of facilitating a change of employment terms by dismissing employees and then immediately re-engaging them on new terms. The Union of Shop, Distributive and Allied Workers (USDAW) brought a claim on behalf of employees working at Tesco warehouses who were told to give up their entitlement to retained pay. The […]

Data protection has a special status within the framework of Swiss Labour Law. The employer may only process data about the employee insofar as it relates to the employee’s suitability for his job or is necessary for the performance of the employment contract (Art. 328b of the Swiss Code of Obligations). Thus, an employer may […]

Since the introduction of the Work Environment Act in the late 1970’s, and especially during the last ten years, the Swedish labour market has undergone major changes. Today, between 100 000 and 130 000 people in Sweden perform work in businesses where it is unclear if there is an actor with a responsibility for the […]

The draft of the legislation in practice, equalises the rights of fixed-term and permanent employees as regards their dismissal. Although the change is to be welcomed from the perspective of equal treatment of employees irrespective of the type of employment contract, it has given rise to numerous objections among employers who consider it to lead […]

The law recognizes teleworking as a valid way to carry out work, inside or outside the country, providing that the teleworker enjoys the same rights as the personnel who work in person. Employer and employees must agree on the provision of teleworking services in the employment contract (which can be fixed-term or indefinite, full-time or […]

On 5 July 2022, the Minister of Social Affairs and Employment published the Labour Market Framework Letter. This letter outlines, among other things, an approach to modernize the labour market and announces a legislative review in 2023. The goal is to encourage long-term employment relationships. Read briefly in this blog the measures proposed by the […]

In the case at stake, some employees – upon termination of their employment relationships – filed a judicial complaint to obtain payment of nighttime overtime. The Court of the second instance, however, partially upheld such claim. It deemed that the amounts concerning periods prior to five years from the introduction of the legal proceeding were […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner Employers can expect the following measures: Mandatory implementation of hygiene concepts adapted to the specific situation. Keep distance, observe hygiene, ventilate regularly. Reduction of physical contact in the workplace, rooms should not be shared. Wearing a face mask is mandatory if contact reduction measures cannot be […]

Authors: Verena Braeckeler-Kogel, MAES (Basel) and Meike Christine Rehner After the termination of his employment, a former employee was faced with a non-compete period due to a corresponding clause in his contract. He received 50% of his salary as compensation for the time of the non-compete period, as mandatory under German law for an effective […]

In a decision rendered on the 6th of April 2022, the French Supreme Court ruled that a company may be found guilty of acts of unfair competition where it consents to use the customer files its new employees took with them when they left a competitor’s service. In this case, two interim work agency employees […]