o Weekly Newsletter Italy: from 12 May to 18 May 2014 By www.eversheds.com Published On :: 2014-05-19 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 ... Full Article
o Weekly Newsletter Italy: from 19 May to 25 May 2014 By www.eversheds.com Published On :: 2014-05-26 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... Full Article
o Weekly Newsletter Italy: from 2 June to 8 June 2014 By www.eversheds.com Published On :: 2014-06-10 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... Full Article
o The beginnings of a value-for-money duty under the SMCR? By www.eversheds.com Published On :: 2017-07-04 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... Full Article
o Something Borrowed, Something New: The FCA's Plan for Extending the SMCR By www.eversheds.com Published On :: 2017-07-27 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... Full Article
o The future of HR Management: at the intersection of AI and personal data protection By www.eversheds.com Published On :: 2017-10-11 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... Full Article
o IHC e-briefing 48: The Working Time Directive - European Parliament vote on opt-out and on-call time By www.eversheds.com Published On :: 2008-12-17 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... Full Article
o HR e-briefing 398 - The Working Time Directive - European Parliament vote on opt-out and on-call time By www.eversheds.com Published On :: 2008-12-17 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... Full Article
o HR e-briefing 404 - TUPE and collective agreements By www.eversheds.com Published On :: 2009-02-26 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... Full Article
o HR e-briefing 411 - 48 hour opt-out preserved By www.eversheds.com Published On :: 2009-04-30 Despite a last ditch attempt to reach agreement to change the current rules, the 'opt–out' has survived the latest round of European discussions, namely conciliation talks between the European Council and the European Parliament. The opt&ndash... Full Article
o HR e-briefing 412 - the role of HR in responding to the threat of a pandemic By www.eversheds.com Published On :: 2009-05-06 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... Full Article
o HR e-briefing 414 - National Minimum Wage increases By www.eversheds.com Published On :: 2009-05-12 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... Full Article
o HR e-briefing 416 - fit notes - the new sick notes By www.eversheds.com Published On :: 2009-05-28 The Department for Work and Pensions has today published further details of its proposal to replace GP sick notes with 'fit notes' with effect from April 2010 and has launched a public consultation on the design and content of the new medical certif... Full Article
o HR e-briefing no 424 - swine flu - work in progress? By www.eversheds.com Published On :: 2009-08-18 We received an excellent response to our recent survey concerning employer reaction to swine flu (Full Article
o HR e-briefing - Review of the default retirement age By www.eversheds.com Published On :: 2009-08-25 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... Full Article
o HR e-briefing no 425 - sickness and holidays - new European ruling could cause problems for employers By www.eversheds.com Published On :: 2009-09-10 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... Full Article
o HR e-briefing 427 - Fathers are to have longer paternity leave from 2011 By www.eversheds.com Published On :: 2009-09-29 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... Full Article
o HR e-briefing 434 - The right to request time off to train By www.eversheds.com Published On :: 2009-11-12 Today, the Government’s proposals regarding apprenticeships and training have received Royal Assent in the Apprenticeships, Skills, Children and Learning Act 2009. One of the Act’s provisions in particular is of relevance to all employer... Full Article
o HR e-brief 438 - Employees to get longer parental leave rights By www.eversheds.com Published On :: 2009-12-03 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... Full Article
o HR e-briefing 443 - some clarification from the EAT on holidays By www.eversheds.com Published On :: 2010-01-18 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... Full Article
o HR briefing 449 - fit notes to replace sick notes in April 2010 By www.eversheds.com Published On :: 2010-02-01 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 ... Full Article
o HR e-briefing 454: EU prompts complete rethink of Working Time Directive By www.eversheds.com Published On :: 2010-03-24 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... Full Article
o Eversheds' HR e-briefing 478 - European case set to boost paternity rights By www.eversheds.com Published On :: 2010-10-01 A new ruling from the Court of Justice of the European Union (CJEU) suggests fathers who take advantage of new rights to extended paternity leave from April next year could be entitled to the same rights and benefits from their employer as women who... Full Article
o HR e-briefing 482 - Scottish appeal court ruling on annual leave By www.eversheds.com Published On :: 2010-10-21 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... Full Article
o HR e-briefing 484 - Data protection: ICO flexes muscles with first use of new fines power By www.eversheds.com Published On :: 2010-11-25 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
o Eversheds' HR e-briefing 503: July 2011 Implementation of the Bribery Act confirmed By www.eversheds.com Published On :: 2011-04-05 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... Full Article
o Eversheds' HR e-briefing 507: Flexible parental leave, working time, equal pay and flexible working - more changes afoot By www.eversheds.com Published On :: 2011-05-16 Today, a consultation has been launched on government plans to: Full Article
o Eversheds' HR e-briefing 511: Bribery Act in force By www.eversheds.com Published On :: 2011-06-27 The Bribery Act 2010 will come in to force this Friday, 1 July 2011. Much has been written about its likely implications. At the start of the debate, it would even be fair to say there was a degree... Full Article
o HR e-briefing 520: Changing terms and conditions; a question of balance By www.eversheds.com Published On :: 2011-09-26 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 ... Full Article
o HR e-briefing 525: Holidays and sickness latest ruling By www.eversheds.com Published On :: 2011-11-07 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... Full Article
o HR e-briefing 526: CJEU rules on right to carry over holiday accrued whilst on long term sick By www.eversheds.com Published On :: 2011-11-22 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... Full Article
o Retail Legal Update: EU appears open-minded about pay between assignment contracts By www.eversheds.com Published On :: 2013-10-30 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... Full Article
o TMT legal update: EU appears open-minded about pay between assignment contracts By www.eversheds.com Published On :: 2013-11-05 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 ... Full Article
o Immigration Update - Changes to UK Visa Applications from the USA By www.eversheds.com Published On :: 2014-03-31 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 ... Full Article
o Brexit - How this will impact on UK employment law By www.eversheds.com Published On :: 2016-06-24 In light of the significant influence... Full Article
o Germany: Transformational New Rules on Hiring Temporary Workers By www.eversheds.com Published On :: 2016-10-18 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... Full Article
o Franchising Focus - Issue 17 By www.eversheds.com Published On :: 2005-05-16 Editorial Last year we devoted an issue of Franchising Focus to the international market place in view of the increasing interest in cross border franchising and in global growth by so many systems. There have been a number of changes in the la... Full Article
o Franchising Focus - Issue 18 By www.eversheds.com Published On :: 2005-08-18 Moldova We are providing more detail on Moldova as the provisions in many respects are quite unusual to an extent which makes one wonder how much the draftsman understood franchising. Moldova's approach has been to provide a Chapter i... Full Article
o E-briefing - New China franchise regulations: replacement of approvals by registration? By www.eversheds.com Published On :: 2007-03-06 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... Full Article
o E-briefing - China in Focus By www.eversheds.com Published On :: 2007-11-09 New filing and information disclosure rules relating to franchising regimes in China came into effect on 1 May 2007. Following the implementation of these rules a clearer franchise regime has come into shape in China. The Filing Rules The Fi... Full Article
o Franchising focus By www.eversheds.com Published On :: 2008-07-28 Franchising is expanding Our franchising team is currently working on a number of exciting new instructions. Most of these have an international flavour and it is clear that franchising is now the major way to build brands in other countries. Our ... Full Article
o Tough new fines for breach of data protection law By www.eversheds.com Published On :: 2008-08-07 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... Full Article
o Intellectual property ownership a timely reminder By www.eversheds.com Published On :: 2008-08-07 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... Full Article
o Restrictive covenants in franchise agreements By www.eversheds.com Published On :: 2009-11-17 The courts continue to be asked by franchisees to limit the scope of their post termination restrictive covenants. It is becoming key for franchisors to show that the duration of their restrictions reflect the time that it would... Full Article
o Exclusion clauses update: Lobster Group Ltd v Heidelberg By www.eversheds.com Published On :: 2009-11-17 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 ... Full Article
o Fines for serious data breaches By www.eversheds.com Published On :: 2009-11-17 We have notified you in an earlier e-briefing of additional powers being granted to the Information Commissioner's Office (ICO) to take enforcement action against breaches of the Data Protection Act (DPA). A new power to is... Full Article
o Focus on South Africa By www.eversheds.com Published On :: 2009-11-17 Franchising is an often underestimated sector of the South African economy. With millions of South Africans seeking employment, small business is positioned... Full Article
o Adword advertising: first step towards European Court of Justice decision By www.eversheds.com Published On :: 2009-11-17 The Advocate-General (AG) to the European Court of Justice (ECJ) has issued his opinion in response to several claims in France against internet giant Google, relating to the operation of its search-related advertising service Adwords. Google's Adw... Full Article
o Carbon Reduction Commitment are you ready? By www.eversheds.com Published On :: 2009-11-17 As the countdown towards the scheduled introduction of the Carbon Reduction Commitment (CRC) in April 2010 continues, the Environment Agency is due to issue its CRC qualification packs to any business that has at least one half-hourly electricity me... Full Article
o Companies Act changes By www.eversheds.com Published On :: 2009-11-17 Nearly all the remaining provisions of the Companies Act 2006 came into force on 1 October. How does this affect you? Any reference to the Companies Act 1985 in your documentation will need to be up... Full Article
