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UK HR e-briefing: Strike changes: 1 March 2017 implementation confirmed

Regulations have confirmed that changes to industrial action law introduced by the Trade Union Act 2016 (‘Act’) will be implemented on 1 March 2017. The changes include introducing: a 50% ballot threshold for voter turnout, a 40% ballot ...




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UK HR E-briefing: Holiday pay uncertainty ended in employees’ favour

The Supreme Court yesterday refused British Gas permission to appeal in the holiday pay case of Lock: the Working Time Regulations are properly to be read purposively to give effect to the CJEU ruling in Lock. Crucially, we now know that repres...




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Employment Tribunal fees held to be unlawful… what does this mean for employers and how can they protect themselves?

Introduction of Tribunal fees Before July 2013 it was free for individuals to bring Employment Tribunal Claims. However, in July 2013 the Government introduced Employment Tribunal fees for anyone wanting to make a claim or appeal a judgment. The Gov...




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Weekly Newsletter Italy: from 24 February to 2 March 2014

HR Consultancy Temporary worker maximum pay limits revisedINPS has announced new monetary limits for temporary workers, to be revised on a yearly basis. Vouchers represent a pay system for temporary workers i.e. those workers who do not have a stand...




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Weekly Newsletter Italy: from 3 March to 9 March 2014

HR Consultancy An employee who forwards company files to his lawyer cannot be firedThe dismissal of an employee who forwarded more than 200 files, containing confidential information about the employer’s business, to his lawyer was ruled unlaw...




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Weekly Newsletter Italy: from 10 March to 16 March 2014

HR Consultancy Companies in financial difficulty: Opportunity for employees to take over companies in financial difficultyEmployees of companies in financial difficulty will be able to carry on the business of the company through advance payment of ...




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Weekly Newsletter Italy: from 17 March to 23 March 2014

HR Consultancy Jobs Act now in force – part 1Key changes are as follows:• Fixed term contracts: - no need to specify reasons justifying term of up to 36 months;- extensions admitted up to 8 times in 36 months;- no more breaks required bet...




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Weekly Newsletter Italy: from 24 March to 30 March 2014

HR Consultancy Undeclared work (black market)The Ministry of Labour has planned inspections for 2014, deciding to make no less than 230,000 checks aimed at combatting undeclared work and includes 50,000 accesses and a focus on the 11 “metropol...




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Weekly Newsletter Italy: from 31 March to 6 April 2014

HR Consultancy Jobs Act: the draft law passed to the SenateAmong the innovations provided by the draft law - which completes the so called Jobs Act and was sent to the Senate on the morning of the 1st April, for following a parallel procedure togeth...




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Weekly Newsletter Italy: from 28 April to 5 May 2014

Human Resources JOBS ACT - Fixed term employment contract: potential fines for those companies with 20% or more of their employees on fixed term contractsCurrent proposed amendments by the Jobs Act include (i) replacing the fine for conversion of fi...




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Weekly Newsletter Italy: from 12 May to 18 May 2014

Human Resources Jobs Act converted into LawThe final version of the labor reform under the so called Jobs Act (Law Decree no. 34/2014) has come into force following the publication in the Official Gazette of the conversion Law no. 78/2014. The main ...




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Weekly Newsletter Italy: from 19 May to 25 May 2014

HR Consultancy DURC: new system officially startedThe new system of internal DURC (“Documento Unico di Regolarità Contributiva”), through which the INPS (“Istituto Nazionale della Previdenza Sociale”) ensures the regul...




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Weekly Newsletter Italy: from 2 June to 8 June 2014

HR Consultancy Jobs ActAccording to the Minister of Labour, Giuliano Poletti, the government bill is likely to be approved by the Parliament later this year. The text of the bill is likely to be approved by the Senate of the Italian Republic in July...




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The beginnings of a “value-for-money” duty under the SMCR?

The FCA has yet to consult on the extension of the Senior Managers and Certification Regime. However, in its Asset Management Market Study: Final Report, MS15/2.3, the FCA signalled its intention to impose a “prescribed responsibility” u...




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Something Borrowed, Something New: The FCA's Plan for Extending the SMCR

The FCA has issued its long awaited consultation on extension of the Senior Managers and Certification Regime (also known as “Accountability II”). Consultation Paper (CP17/25), which sets out the “what” and the “why&rdq...




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The future of HR Management: at the intersection of AI and personal data protection

Recent years have seen an outburst of interest in artificial intelligence. Technologies based on AI have attracted investors all over the world on an unprecedented scale. More and more smart services are becoming a reality. For example, Staples is u...




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IHC e-briefing 48: The Working Time Directive - European Parliament vote on opt-out and on-call time

The 1993 Working Time Directive lays down basic principles concerning maximum weekly working hours, amongst other things. For some time now, the Council of the EU and the European Parliament have been debating whether the directive should be revised...




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HR e-briefing 398 - The Working Time Directive - European Parliament vote on opt-out and on-call time

The 1993 Working Time Directive lays down, amongst other things, basic principles concerning maximum weekly working hours. For some time now, the Council of the EU and the European Parliament have been debating whether the directive should be revise...




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HR e-briefing 404 - TUPE and collective agreements

The Employment Appeal Tribunal has issued a judgment that confirms that TUPE can, in some cases, bind incoming employers to pay increases negotiated by the outgoing employer under a collective agreement after the date of the TUPE transfer.  Ba...




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HR e-briefing 412 - the role of HR in responding to the threat of a pandemic

While the recent media reporting of swine flu has dwelt on the obvious health and safety issues, the threat of a pandemic, whether now or in the next few months, also raises some practical challenges for HR departments across the country. Necessary...




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HR e-briefing 414 - National Minimum Wage increases

After a delay of some two months from the usual release date, the National Minimum Wage (NMW) hourly rates that will apply from 1 October 2009, have been announced today, as follows: Workers aged 22 and over: £5.80 (up from the current &pou...




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HR e-briefing 418 - sickness and annual leave

This morning the House of Lords has handed down its judgment in the case of HMRC v Stringer and others, so concluding the long running saga of how employers should deal with holiday entitlement for those workers who are off sick. The House of Lords&...




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HR e-briefing no 424 - swine flu - work in progress?

We received an excellent response to our recent survey concerning employer reaction to swine flu (Full Article



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HR e-briefing - Review of the default retirement age

25 August 2009 Review of age discrimination laws – what will the impact be on employers? Last month, the Government announced its intention to bring forward a review of the law around forced retirement. The review concerns the ‘default...




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HR e-briefing no 425 - sickness and holidays - new European ruling could cause problems for employers

The European Court of Justice (ECJ) has ruled that workers who go on sick leave during a period that has been scheduled as annual leave for the purposes of the Working Time Directive should be allowed to reschedule their holidays, even if that means...




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HR e-briefing 427 - Fathers are to have longer paternity leave from 2011

After the recent flurry of headlines announcing that long-standing uncertainty surrounding the extension of maternity pay and paternity rights was over, the Government has this week published details of its plans in the form of draft regulations. T...




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HR e-brief 438 - Employees to get longer parental leave rights

At a meeting this week the European Council agreed to extend the existing right for parents to take leave from work from three to four months per parent, per child. The European Council's decision comes as no surprise as t...




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HR e-briefing 443 - some clarification from the EAT on holidays

Today, the EAT has handed down its decision in the case of Lyons v Mitie Security Limited, which involved a claim for holiday pay from an employee whose request to take annual leave did not comply with notice requireme...




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HR briefing 449 - fit notes to replace sick notes in April 2010

The Department for Work and Pensions has confirmed that GP sick notes are to be replaced by 'fit notes' with effect from 6 April 2010. The Government consulted on the design and content of the new medical certificate last ...




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HR e-briefing 454: EU prompts complete rethink of Working Time Directive

The EU Commission has today taken the first step towards a comprehensive review of the Working Time Directive (WTD). This is despite last year's failure to agree changes to the treatment of on-call time or amendments to the 48 hou...




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HR e-briefing 482 - Scottish appeal court ruling on annual leave

The Scottish Court of Session has ruled that employers are permitted to schedule leave under the Working Time Regulations (WTR) and Working Time Directive (WTD) so that it falls at a time an employee would not otherwise be working...




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HR e-briefing 484 - Data protection: ICO flexes muscles with first use of new fines power

The ICO has announced its first use of its recent power to issue fines or monetary penalties for serious breaches of the data protection legislation. The power became effective in April 2010 (see Full Article



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Eversheds' HR e-briefing 503: July 2011 Implementation of the Bribery Act confirmed

After many months of speculation and delay, the Ministry of Justice published Government Guidance in respect of the Bribery Act 2010 last week, paving the way for the Act coming in to force on 1 July. Although, as the name suggests, the Act is aime...




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Eversheds' HR e-briefing 507: Flexible parental leave, working time, equal pay and flexible working - more changes afoot

Today, a consultation has been launched on government plans to: Full Article



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HR e-briefing 520: Changing terms and conditions; a question of balance

In difficult economic times employers will inevitably look to reduce the costs of employment. However, achieving this in practice can be fraught with legal, practical and also emotive issues. In some circumstances contractual change may be achieved ...




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HR e-briefing 525: Holidays and sickness – latest ruling

The Employment Appeal Tribunal (EAT) has confirmed that workers are only entitled to holiday pay under regulation 16 of the Working Time Regulations 1998 (WTR) when they actually exercise their right to take the leave in question.  The EAT made...




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HR e-briefing 526: CJEU rules on right to carry over holiday accrued whilst on long term sick

Today, the Court of Justice of the European Union (CJEU) has handed down its decision in the case of  KHS AG v Winfried Schulte, an important case about whether a worker on long term sick leave has the right to carry forward annual leave accrue...




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Retail Legal Update: EU appears open-minded about pay between assignment contracts

Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had pledged to review them. That process is now underway but it seems the EU may pip the Government to the post, having conducted its own review of the parent D...




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TMT legal update: EU appears open-minded about pay between assignment contracts

Precis Having inherited the Agency Workers Regulations 2010 on taking office, the UK Government had pledged to review them. That process is now underway but it seems the EU may pip the Government to the post, having conducted its own review of the ...




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Immigration Update - Changes to UK Visa Applications from the USA

From Wednesday 26 March 2014 WorldBridge will no longer be providing visa services for applicants applying for a UK visa from the US. The visa processing service, which until how has been provided by WorldBridge, will be provided by VFS Global from ...




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Brexit - How this will impact on UK employment law

In light of the significant influence...




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Germany: Transformational New Rules on Hiring Temporary Workers

In Germany, the provision of temporary personnel is strictly regulated by the German Temporary Employment Act (“AÜG”). The principle is straightforward: the agency is the employer and supplies the temporary employees to the hirer. A...




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Evaluating a franchise

For one who is contemplating becoming a self employed business person for the first time, there is more to consider than 'the franchise'.  The franchise is merely a method of establishing a business.  Of course one has to consider many ...




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E-briefing - New China franchise regulations: replacement of approvals by registration?

Introduction The long-awaited regulations on the Administration of Commercial Franchise Operations (the 'New Regulations') were promulgated by the State Council of the PRC on 6 February 2007, and will take effect on 1 May 2007. They apply equally t...




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Tough new fines for breach of data protection law

The Criminal Justice and Immigration Act, which received royal assent on 8 May 2008, introduces a new section into the Act allowing the IC to impose a fine where there has been a serious breach of the eight data protection 'principles' set out in th...




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Intellectual property ownership – a timely reminder

In the UK, the first owner of a copyright work is the author, unless the work is created by an employee in the course of their employment. In that case, the copyright will belong to the employer unless the parties have agreed otherwise (eg between u...




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Exclusion clauses update: Lobster Group Ltd v Heidelberg

Franchise systems typically include clauses that limit or exclude liability as a means of managing risk between the franchisor and franchisee and between the franchise business and its customers. Clauses that exclude or limit liability are a regular ...




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European Commission consults on future Vertical Agreements Block Exemption Regulation

The block exemption provides a safe harbour from the prohibition on anti-competitive agreements contained in Article 81(1) EC. It can apply to any agreement between parties at different levels of the supply chain where that agreement contains rest...




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Crushing It: Wix Just Hit An All-Time High




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Fiverr International Ltd. (FVRR) CEO Micha Kaufman on Q1 2020 Results - Earnings Call Transcript