By the end of January 2019, the Polish Ministry of Digitalization issued an opinion, which stated that in most cases it is justified and permissible to store personal data of candidates after the end of recruitment process. However, the Ministry’s opinion is contrary to the Polish Office of Personal Data Protection’s statement published in the handbook ‘Protection of personal data at the workplace guide for employers’
The TMC sector is the most innovative industry creating, amongst others: IT, cognitive computing, business model transformation, the consumerisation of IT, cybersecurity, and the gig economy and its influence on the historical TMC companies.
Our TMC lawyers are used to working at the cross-border level in order to leverage local market knowledge and delivering added value to the business. Meaning we provide relevant sector focused advice, delivered in a quick manner to ensure we provide value from day one.
Using our strong global alliance, we work on many high-profile technology, media and telecommunications cases, including:
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Handling and resolving employment disputes
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Protecting your information and your business
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Dealing with confidentiality and non-compete issues
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Advising in relation to secondments, temporary work and workers
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Day to day advice on employment issues and grievances
We have a dedicated TMC sector group to share industry knowledge and expertise across our offices to provide solutions in almost any country, at any time.
Experiences
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Advising a leading global technology business in relation to protecting its business (and related injunctions) following the departure of a key employee.
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Advising on the merger and re-organisation of two leading technology businesses in the UK, including issues around managing redundancies, changing to contract terms, and TUPE advice.
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Assisted an multinational high-tech company that provides edging IT security solutions. During our service, we have helped the client to deal with the termination of the client’s one director in Shanghai. As the director is not a PRC national and vested with extremely high salary, we have managed to support the client to implement the separation within an acceptable cost.
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Assisted a renowned US-based company that provides comprehensive radar technology in various sectors. As this client just establishes its subsidiary in Beijing, we have assisted the client to draft tailored HR documents, formulate regulative policies for operation and provide advice on its recruitment of local team.
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Assisted a historical TMC company to translate and adapt its Code of conduct across 5 jurisdictions (Belgium, Germany, Poland, Spain and China);
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Coordinating an international survey on the gig economy involving 16 jurisdictions for the Global Employment Institute of the International Bar Association.
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Advised a Canadian mobility technology company on drafting and harmonization of employment agreements in 14 countries.
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Advised a US software company on redundancies in Germany, disguised employment as well as representation in court proceedings.
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Advised an international technology company on TUPE questions and harmonization of working conditions post acquisition.
Articles
Ensure better pay equity between seconded employees and employees in the host country, apply French labor law more widely beyond a certain period of secondment and clarify the information obligations of companies hosting posted temporary workers. These are the measures resulting from an order of February 20 to transpose the posted workers directive of 2018
Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing of their personal information. Meanwhile, organizations’ growing appetite for more data, and more types of data, persists, despite mounting security risks and concerns about permissible use. The recently enacted California Consumer Privacy Act (CCPA) is intended to address some of these risks and concerns
The Court of Appeal concluded, by a 2:1 majority, that although the contractual documentation indicated the Uber drivers were self-employed, they were workers and therefore entitled to national minimum wage (NMW), paid holiday and whistleblower protection.
The Ontario Legislature recently tabled two bills proposing significant amendments to the Ontario Human Rights Code. If enacted, Bill 35 and Bill 40 would introduce new non-discrimination obligations for all provincially regulated employers
A new Ontario Court of Appeal, Hampton Securities Limited v Dean, 2018 ONCA 901 provides both guidance and caution to employers in regulated industries when disclosing facts or making complaints to a regulator against former or departing employees
On January 1st 2019 amendments to the Polish Labour Code are coming into force. The changes have been enthusiastically received by HR personnel. It was commented that the changes would improve managing of personal files, and that the amendments reflect the current realities and circumstances in the field of HR.
