News

Even if the value of job references may be limited from a recruiter’s point of view and the evaluations do not necessarily play a major role in hiring decisions, references are nevertheless of major importance for German employees. In Germany it is still expected that all career stages are fully documented by very detailed references. […]

Many employees still work from home due to the pandemic. This was also the case at a company from Munich, where almost all employees were working from home since December 2020. In February 2021, the employer ordered an employee who was employed as a graphic designer to return to work at the office. However, the […]

The groundbreaking Climate Law adopted at the end of August 2021 contains provisions that modify certain human resources management practices: the law to combat climate change, which involves trade unions and works councils in the ecological transition. Firstly, the climate law inserts the theme of the environment into the three-yearly periodic negotiations on the forward-looking […]

Some companies, in order to retain their senior executives, set up a “management package” involving them in the company capital, in the form of share acquisition schemes. They may use schemes that are not reserved solely for employees and whose tax regime is not regulated by law: autonomous stock subscription bonds (known as “BSA”) or […]

The CJEU has clearly set out the main criteria for qualifying on-call time as working time or rest periods, in its Radiotelevizija Slovenija and Stadt Offenbach am Main cases of earlier this year. It now applies the same reasoning to a daily break, during which an employee needs to remain available to respond to emergencies. […]

In a recent ruling, the Supreme Court of Justice held that a business cannot charge a 10% tip if the consumption (of food and beverages) did not occur on its premises. Article 228 of the Labour Code states that a mandatory gratuity of 10% on bills of food and beverages consumed in hotels, restaurants, cafes, […]

Law 2114 extends paternity leave from one to two weeks. Also, parents, by mutual agreement, are able to transfer the last 6 weeks of maternity leave to the father or work half-time during the leave, for twice the amount of time. Law 2114 of 2021 introduces three main changes to both maternity and paternity leaves […]

Law 2121 provided the main requirements for remote work as follows: The modality of remote work must be agreed upon by the parties. The contract can be carried out through existing or new technologies, and any other means that allow employees to perform their duties remotely. The modality of remote work will apply throughout the […]

The Supreme People’s Court recently released the Provisions on Several Issues of the Application of Law in Trial of Civil Cases Involving Processing Personal Information by Using Facial Recognition Technology (“Provisions”). The Provisions clarify judicial rules for the usage of facial recognition technology, especially in the scenarios where property owners conduct access control and management, […]

The 30th Session of the Standing Committee of the 13th National People’s Congress voted to pass the Chinese Personal Information Protection Law, which shall come into force on 1 November 2021. Different from the previous Drafts for Comments, the officially promulgated Chinese Personal Information Protection Law stipulates for the first time that personal information processors […]