Major changes in Belgian dismissal rules

Size: px
Start display at page:

Download "Major changes in Belgian dismissal rules"

Transcription

1 What s new? The regime before 1 January 2014 New notice periods for all Transition rules What else is changing? Unresolved issues What is the financial effect of the reform? Major changes in Belgian dismissal rules What s new? Following a Constitutional Court decision in 2011, the Belgian legislator had until 8 July 2013 to end the difference between the way it treats blue- and white-collar workers on two accounts: the notice period in case of termination; and the absence of a guaranteed salary for the blue-collar worker s first day of sick leave (the so-called waiting day). The court found the relevant legal provisions discriminatory (so non-constitutional) but decided to keep them until 8 July 2013, to give the legislator time to harmonise its treatment of the two kinds of workers. Employer and trade union representatives negotiated a solution in July, which the government then turned into a draft law. The law was voted on in late 2013 by parliament, and it came into force on 1 January The Employment Contracts Act of 3 July 1978 (ECA) has been amended accordingly. It introduces a new way to calculate the notice period for all workers. As expected, blue-collar workers will see their notice period (or termination indemnity paid in lieu) increase, and white-collar workers will see theirs decrease. These new rules supersede the change in law brought about by the law of 12 April 2011, which came into force in 2012 and affected employment contracts that started on or after 1 January The regime before 1 January 2014 For contracts that existed before 1 January 2012: the minimum statutory notice for blue-collar workers on termination by the employer was 28 or 56 days, depending on the length of service less than 20 years or 20 or more. Many industries increased the minimum through sector-level collective bargaining agreements (CBAs); and Satya Staes Polet Principal Associate T E Jean-François Gerard Head of Practice Development T E the minimum statutory notice for white-collar workers was three months for each (started) period of five years service. Employees whose annual gross salary was more than 32,254 were entitled to longer notice periods often calculated according to the Claeys formula. For new contracts that started on or after 1 January 2012: minimum statutory notice of between 28 and 129 days for blue-collar workers, depending on length of service and without prejudice of specific sector-level provisions; Freshfields Bruckhaus Deringer llp 1

2 for white-collar workers who used to earn less than 32,254 gross a year, three months for each (started) period of five years service; and roughly 30 days notice for each year of service for employees who used to earn more than 32,254, with a minimum of three months. As of 1 January 2014, a single regime replaces all the previous ones. There will no longer be a difference between blue-collar and whitecollar workers. New notice periods for all As of 1 January 2014, a single regime replaces all the previous ones. There will no longer be a difference between blue-collar and white-collar workers. For dismissal and resignation, the new notice periods now depend solely on length of service. Salary levels and the employee s position no longer affect the termination package for white-collar workers. Notices are now expressed in weeks, not months or days, and the notice periods will be calculated as follows: Service period from 1 January 2014 Notice (Employer) Notice (Employee) 0 < 3 months 2 weeks 1 week 3 < 6 months 4 weeks 2 weeks 6 < 9 months 6 weeks 3 weeks 9 < 12 months 7 weeks 3 weeks 12 < 15 months 8 weeks 4 weeks 15 < 18 months 9 weeks 4 weeks 18 < 21 months 10 weeks 5 weeks 21 < 24 months 11 weeks 5 weeks 2 < 3 years 12 weeks 6 weeks 3 < 4 years 13 weeks 6 weeks 4 < 5 years 15 weeks 7 weeks 5 < 6 years 18 weeks 9 weeks 6 < 7 years 21 weeks 10 weeks 7 < 8 years 24 weeks 12 weeks 8 < 9 years 27 weeks 13 weeks 9 < 10 years 30 weeks 13 weeks 10 < 11 years 33 weeks 13 weeks 11 < 12 years 36 weeks 13 weeks 12 < 13 years 39 weeks 13 weeks 13 < 14 years 42 weeks 13 weeks 14 < 15 years 45 weeks 13 weeks 15 < 16 years 48 weeks 13 weeks 16 < 17 years 51 weeks 13 weeks 17 < 18 years 54 weeks 13 weeks 18 < 19 years 57 weeks 13 weeks 19 < 20 years 60 weeks 13 weeks 20 < 21 years 62 weeks 13 weeks 21 < 22 years 63 weeks 13 weeks After 21 years service, the notice period increases by one additional week for each year of service. The employer can still choose between a termination with notice to be worked or an immediate termination with payment in lieu of notice. The payment in lieu of notice is still based on the annual gross salary and benefits, as under the old rules. 2 Major changes in Belgian dismissal rules, March 2014

3 Transition rules apply to employees hired before 1 January 2014, but dismissed after this date. Transition rules Transition rules apply to employees hired before 1 January 2014, but dismissed after this date. Phase 1 The old rules in place on 31 December 2013 apply to service years accrued before There is one exception: white-collar workers who earn more than 32,254 (annual gross) will be entitled to one month for each year of service accrued before 1 January 2014, with a minimum of three months. The so-called Claeys formula is no longer relevant and cannot be called on in negotiation by employees. Phase 2 The new regime applies to service years accrued from 1 January The total notice period is made up of the notice periods accrued under phases 1 and 2. The same rule applies to blue-collar workers. But because this would lead to continued discrimination for blue-collar workers under current employment contracts, they will be entitled to an additional dismissal indemnity paid by the state. This indemnity is equal to the difference between the notice or payment in lieu calculated on the basis of the transition rules and the notice or payment in lieu that would apply if the new rules applied to their whole service. Blue-collar workers who are not entitled to this dismissal indemnity will still be entitled to a so-called dismissal allowance. Other rules apply in specific sectors. Here are two examples A white-collar worker hired on 1 January 2000 and terminated on 1 January 2015 and who earns more than 32,254 gross a year will be entitled to 13 months notice for the period between 1 January 2000 and 31 December 2013, plus eight weeks for A blue-collar worker in the food industry hired on 1 January 2000 and terminated on 1 January 2015 will be entitled to 147 days notice for the period between 1 January 2000 and 31 December 2013, plus eight weeks for The blue-collar worker will also be entitled to the dismissal indemnity paid by the state. Notice periods notified as of 1 January 2014 start on the Monday that follows the notification date and no longer on the first day of the month after the notification date. What else is changing? Start date of the notice period Notice periods notified as of 1 January 2014 start on the Monday that follows the notification date, and no longer on the first day of the month after the notification date. Dismissals by registered mail take effect on the third day after they are sent. So to start on the next Monday, notices must be sent on the Wednesday at the latest. Trial period The trial period no longer exists. It used to allow for shorter notice periods during the first few months of the employment relationship. So, it did not make sense to keep these now that notice periods are a lot shorter. Trial periods in contracts signed before 2014 will stay in place until their agreed term. Where the end of the trial period was the trigger for specific entitlements or obligations (eg non-compete clause, schooling clause), the reference to the former trial period is replaced by the first six months of the employment relationship. In student contracts and in interim and temporary employment contracts, the first three days of effective employment remain a trial period. During this period both parties may end the contract without notice or payment in lieu. Freshfields Bruckhaus Deringer LLP 3

4 Motivation of the dismissal and unfair dismissal Until now, an employer wasn t obliged to justify dismissing an employee. However, a (sometimes formal) justification was needed in circumstances such as dismissals for gross misconduct or dismissals of protected employees. Blue-collar workers enjoyed a specific protection ie they could claim that their dismissal was not based on their performance or attitude, or on economic reasons and, if the employer could not prove otherwise, they were entitled to an extra six months indemnity. Under the national CBA no. 109, which the National Works Council entered into on 12 February 2014, dismissals notified from 1 April 2014 will have to be justified if requested by the dismissed employee. And from the same date, the specific protection for blue-collar workers under the unfair dismissal rules will no longer exist, except for certain categories of blue-collar employees. The dismissed employee may ask the employer to give the reasons for the dismissal by registered mail within two months after the effective end of the contract. The employer must respond by registered mail within two months from this request. The employer s response must give concrete reasons for the dismissal. Employers may, of course, give the reasons for the dismissal when the dismissal is notified. In this case, and if it gives concrete reasons for the dismissal, the employer does not have to respond to a later formal employee request. An employer that does not respond to the employee s request (and has not given the reasons for the dismissal) is subject to a fine of two weeks of the employee s salary and benefits. If the dismissal is clearly unreasonable, the employer may be ordered to pay an indemnity equal to at least three and at most 17 weeks salary and benefits. The employee may claim additional damages under civil law. Dismissals notified from 1 April 2014 will have to be justified if requested by the dismissed employee. A dismissal is considered clearly unreasonable if the employee is under an open-ended contract, the reasons for the dismissal are unrelated to the employee s attitude or performance or to the operational requirements of the business and if it would not have been decided by a normal and reasonable employer. In a dispute, the burden of proof will be divided as follows: if the employer has given the reasons for the dismissal in line with statutory provisions, each party must provide the relevant supporting evidence of the alleged facts; if the employer has not given the alleged reasons for the dismissal, it must provide supporting evidence that the dismissal was not clearly unreasonable; and the employee who has not asked for the reasons for the dismissal must provide supporting evidence that the dismissal was clearly unreasonable if (s)he wants to claim any indemnification. The CBA does not apply to dismissals during the first six months of service, interim contracts, student contracts, dismissals with a view to access the early retirement regime, dismissals with a view to retirement, dismissals within the framework of restructurings, dismissals subject to a statutory procedure and dismissals for gross misconduct. Belgium remained one of the few European countries where dismissals did not have to be justified. But with these new rules, Belgium has ended this situation. While the new dismissal rules should put an end to the discussions around the length of notice or the amount of payment in lieu, the newly introduced obligation of justification will, conversely, trigger new forms of discussions before court. It is expected that parties will try to avoid such discussions by settling on the justification for the dismissal, in exchange for an additional indemnity. 4 Major changes in Belgian dismissal rules, March 2014

5 Outplacement Under the old rules, outplacement only had to be offered to employees who were dismissed after they reached the age of 45. Under the new regime, dismissed employees will be entitled to outplacement as soon as they are entitled to 30 weeks notice, regardless of their age and provided that they are not dismissed for gross misconduct or within the framework of a restructuring. The old regime will apply to employees aged 45 years or more who are not entitled to 30 weeks notice. When the employee is dismissed with a notice to be worked, the outplacement service has to amount to 60 hours. It is mainly used during the hours of paid leave to which the employee is entitled to search for a new job. When the employee is dismissed and paid in lieu of notice, the outplacement must have a value of one-twelfth of the annual salary earned during the preceding civil year, with, however, a minimum of 1,800 and a maximum of 5,500. If the employee accepts the outplacement, four weeks pay will be deducted from the payment in lieu; if the employee refuses, the four weeks pay will not be deducted. From 1 January 2016, the four weeks pay will be deducted even if the employee refuses. By 1 January 2019, sectors should implement rules providing that two-thirds of the notice or payment in lieu (with a minimum of 26 weeks) will be worked or paid, while one-third will be paid out through redeployment measures. Collective dismissals and social plans The old rules still apply to collective dismissals when the employees are dismissed within a collective dismissal that was decided and notified before 31 December 2013 and they fall within the scope of a social plan that was filed with the Ministry of Labour on 31 December 2013, at the latest. Top managers in listed companies Executive directors, members of the executive committee and managing directors of listed companies must comply with specific requirements set out by the 2009 Governance Code and confirmed by law on 6 April In summary, conventional severance indemnity is capped at 12 months. It can go up to 18 months if advised by the remuneration committee and above 18 with a vote from the general meeting. These requirements are unaffected by the new dismissal rules. According to the draft new Belgian Banking law, which is under discussion in parliament, similar rules should also apply to financial institutions in the short term. Waiting day From 1 January 2014, blue-collar workers will receive their guaranteed salary from the first day of sick leave. Unresolved issues We are far from full harmony between blue- and white-collar workers statuses. So for now differences will remain, and these could lead to other decisions from the Constitutional Court and more changes. Freshfields Bruckhaus Deringer LLP 5

6 What is the financial effect of the reform? The exact financial effect of the changes will vary from one industry to another, but it looks clear that blue- collar-heavy industries will see a net increase in termination costs. Employers who have mostly white-collar workers might think they are safe. But the changes we have looked at in this briefing are not the only ones. Under a royal decree that came into force on 1 October 2013, several indemnities paid at the end of the employment relationship and that used to be exempt from social security contributions indemnities of clientele and indemnities paid on the basis of non-compete covenants, among other things entered into after the end of the employment contract are now subject to those contributions. freshfields.com Freshfields Bruckhaus Deringer LLP is a limited liability partnership registered in England and Wales with registered number OC It is authorised and regulated by the Solicitors Regulation Authority. For regulatory information please refer to Any reference to a partner means a member, or a consultant or employee with equivalent standing and qualifications, of Freshfields Bruckhaus Deringer LLP or any of its affiliated firms or entities. This material is for general information only and is not intended to provide legal advice. Freshfields Bruckhaus Deringer LLP, March 2014, 00444

An introduction to European employment law for Japanese companies

An introduction to European employment law for Japanese companies Acquisitions issues to expect Employing staff in Europe An introduction to European employment law for Japanese companies For Japanese companies encountering the European employment law system for the

More information

July 2014 Newsletter Employment Law

July 2014 Newsletter Employment Law July 2014 Newsletter Employment Law This Employment Law Newsletter of the HVG Employment Law section is to provide you with concise information on recent case law, legislation and current developments

More information

An introduction to European employment law for Korean companies

An introduction to European employment law for Korean companies Acquisitions issues to expect Employing staff in Europe An introduction to European employment law for Korean companies For Korean companies encountering the European employment law system for the first

More information

Dismissing senior executives in China

Dismissing senior executives in China Briefing Dismissing senior executives in China Summary Terminating the employment of senior executives can be tricky in any jurisdiction and the People s Republic of China (PRC) is no exception. This briefing

More information

Employment Law Practice Group

Employment Law Practice Group Employment Law Practice Group BELGIUM BEIUS Koningsstraat 15 rue Royale - 1000 Brussels, Belgium Managing Partner: Mr. Daniël Van der Mosen daniel.vandermosen@beius.be Employment Law Contact: Mr. Koen

More information

Directors remuneration

Directors remuneration Briefing A review of the Government s June 2012 proposals for a binding shareholder vote on directors pay and new pay disclosures Summary This briefing looks at the detailed proposals for the new regime

More information

AN INTRODUCTION TO TERMINATION OF EMPLOYMENT IN FRANCE

AN INTRODUCTION TO TERMINATION OF EMPLOYMENT IN FRANCE AN INTRODUCTION TO TERMINATION OF EMPLOYMENT IN FRANCE LAW EUROPE CONTACT FOR FRANCE CONTACT PARTNER: ANGELA STOKES 1 DISMISSING EMPLOYEES IN FRANCE In France an employer may not dismiss an employee without

More information

T E R M I N A T I O N O F T H E E M P L O Y M E N T C O N T R A C T

T E R M I N A T I O N O F T H E E M P L O Y M E N T C O N T R A C T 10/08/2015 www.bdo.lu T E R M I N A T I O N O F T H E E M P L O Y M E N T C O N T R A C T Both the employer and the employee may terminate the employment contract provided they comply with the rules stated

More information

NORWAY Prepared by Hans Rugset Braekhus Dege Advokatfirma ANS

NORWAY Prepared by Hans Rugset Braekhus Dege Advokatfirma ANS NORWAY Prepared by Hans Rugset Braekhus Dege Advokatfirma ANS 1. Are there any laws that govern a layoff of employees? If so, what do the laws require? In Norway, we have the Employment Act from 2005 which

More information

Management liability - Employment practices liability Policy wording

Management liability - Employment practices liability Policy wording Special definitions for this section Benefits Claim Defence costs The General terms and conditions and the following terms and conditions all apply to this section. Any compensation awarded to an employee

More information

Memorandum. General Overview Employment Law/Denmark

Memorandum. General Overview Employment Law/Denmark Memorandum General Overview Employment Law/Denmark 1. General The legal regime governing employment relationships in Denmark is generally more liberal and favourable towards the employer than in many other

More information

Unfair Dismissals. Termination of Employment Series. Unfair Dismissals

Unfair Dismissals. Termination of Employment Series. Unfair Dismissals Unfair Dismissals Termination of Employment Series Unfair Dismissals The best protection from unfair treatment in the workplace is to become a union member as unionised employments tend to have better,

More information

An introduction to Luxembourg Employment Law

An introduction to Luxembourg Employment Law An introduction to Luxembourg Employment Law The Luxembourg market is characterized by the major role played by the frontier workers (Belgian, French and German) who form more than 50% of the labour force

More information

The reform of dismissal rules in Belgium

The reform of dismissal rules in Belgium The reform of dismissal rules in Belgium 2014 2 The reform of dismissal rules in Belgium 2014 The reform of dismissal rules in Belgium On 1 January this year, new dismissal rules came into force. Following

More information

John Evason, Monica Kurnatowska and Daniel Ellis Partners, Collective Rights Group

John Evason, Monica Kurnatowska and Daniel Ellis Partners, Collective Rights Group Employment Focus on Redundancy London August 2008 Contents What is Redundancy?.........................2 Individual Consultation........................3 Collective Consultation........................4

More information

POLAND. Lukasz Kuczkowski 1 OVERVIEW

POLAND. Lukasz Kuczkowski 1 OVERVIEW POLAND Lukasz Kuczkowski 1 OVERVIEW Redundancy schemes in Poland are subject to various labour law regulations, such as the Labour Code Act dated 26 June 1974 (the Labour Code), and the Special Terms of

More information

PRESENTED BY A GUIDE TO HIRING AND FIRING IN LITHUANIA

PRESENTED BY A GUIDE TO HIRING AND FIRING IN LITHUANIA PRESENTED BY A GUIDE TO HIRING AND FIRING IN LITHUANIA ABOUT THE GUIDE This Guide is excerpted from A Guide to Hiring and Firing in Europe, which was compiled and edited by the Employment and Labor Group

More information

http://www.pcpd.org.hk/english/publications/files/gn_insurance_e.pdf

http://www.pcpd.org.hk/english/publications/files/gn_insurance_e.pdf Briefing Data privacy regulation: Spotlight on Hong Kong insurers Summary Two recent regulatory initiatives will place the Hong Kong insurance industry s use and handling of personal data under greater

More information

Unfair Dismissals. Questions & Answers

Unfair Dismissals. Questions & Answers Unfair Dismissals Questions & Answers What is unfair dismissal? Unfair dismissal is where an employee claims that his or her employer s decision to terminate their employment was unfair. Unfair reasons

More information

New EU rules on bankers pay (including the bonus cap)

New EU rules on bankers pay (including the bonus cap) Briefing New EU rules on bankers pay (including the bonus cap) Summary On 16 April 2013, the European Parliament approved the text of CRD 4, which will, among other things, impose a cap on bankers bonuses.

More information

Memorandum. General Overview Employment Law/Sweden

Memorandum. General Overview Employment Law/Sweden Memorandum General Overview Employment Law/Sweden 1. General 1. Brief Introduction The Swedish labour law model is based on civil rules that govern most aspects of the employeremployee relationship. Traditionally,

More information

Global investigations: what employers need to know about investigating employees

Global investigations: what employers need to know about investigating employees Global investigations: what employers need to know about investigating employees Plan carefully to minimise riskbe su Given increasing globalisation, multinational companies are facing new levels of risk.

More information

1.2 A workplace closure can include the situation where the employer moves part of its business to another location.

1.2 A workplace closure can include the situation where the employer moves part of its business to another location. Redundancy Checklist 1 Is there a genuine redundancy situation? 1.1 For there to be a genuine redundancy situation, the circumstances must fall within the statutory definition of redundancy. 1 It covers

More information

A Guide to Settlement Agreements

A Guide to Settlement Agreements A Guide to Settlement Agreements Please contact us to discuss your Settlement Agreement in more detail. Whether you are an Employer or an Employee we shall be delighted to help with your Settlement Agreement.

More information

An employment contract for either a fixed or indefinite term may contain a non-competition clause without the need for justification.

An employment contract for either a fixed or indefinite term may contain a non-competition clause without the need for justification. Upcoming Changes in Dutch Employment Law On 10 June 2014 the Upper Chamber of the Dutch Parliament approved the Wet werk en zekerheid (Work and Security Act the WWZ ). The WWZ will introduce important

More information

Your Quick Guide to Settlement Agreements

Your Quick Guide to Settlement Agreements EMPLOYMENT EMPLOYMENTSERVICES SERVICES Your Quick Guide to Settlement Agreements Stuart Snelson Partner & Head of Employment ssnelson@geoffreyleaver.com 01908 689318 Paula Stuart Partner pstuart@geoffreyleaver.com

More information

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not

More information

SERVICES AGREEMENT Agreement Consultant MBA SERVICES Consultancy Terms Consultant Notification Form FEES EXPENSES

SERVICES AGREEMENT Agreement Consultant MBA SERVICES Consultancy Terms Consultant Notification Form FEES EXPENSES SERVICES AGREEMENT This Services Agreement ( Agreement ) is a contract between you (the Consultant ) and MBA & Company Consultancy Limited ( MBA ), a company incorporated and registered in England and

More information

SECTION 9 TERMINATION OF EMPLOYMENT

SECTION 9 TERMINATION OF EMPLOYMENT SECTION 9 TERMINATION OF EMPLOYMENT Unfair Dismissal 155 Unfair Dismissals Act 1977 2007 155 Constructive Dismissal 156 Employees on Probation/Training/Apprenticeship 157 Dismissal Procedure 157 Redundancy

More information

A summary of the law on: Unfair Dismissal and Redundancy

A summary of the law on: Unfair Dismissal and Redundancy A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.

More information

THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006

THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 EMPLOYMENT BACKGROUND What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE has

More information

Advice Note. Part 36 Offers to Settle (Court proceedings in England and Wales) April 2015

Advice Note. Part 36 Offers to Settle (Court proceedings in England and Wales) April 2015 Introduction Whilst there is no prohibition against a party making an offer to settle in any way it chooses, there can be damages, costs, interest and tactical advantages in making a formal offer to settle

More information

Practical guide... termination of employment

Practical guide... termination of employment The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a

More information

Payment of wages. Your hourly wage rate depends on factors such as the industry or sector you are in, your occupation and contract of employment.

Payment of wages. Your hourly wage rate depends on factors such as the industry or sector you are in, your occupation and contract of employment. Payment of wages Pay & Wages Series What hourly rate should I be paid? Your hourly wage rate depends on factors such as the industry or sector you are in, your occupation and contract of employment. Pay

More information

ANNUAL LEAVE AND PUBLIC HOLIDAYS POLICY

ANNUAL LEAVE AND PUBLIC HOLIDAYS POLICY ANNUAL LEAVE AND PUBLIC HOLIDAYS POLICY Introduction This document contains the Trust s Annual Leave and Public Holidays Policy. The rules in this policy apply to all employees. Purpose This policy is

More information

Employment Law e-alert December 2012

Employment Law e-alert December 2012 Employment Law e-alert December 2012 Welcome Welcome to December s e-alert. Following on from last month s e-alert on the topic of constructive dismissal, this month s Q&A takes a look at the area of unfair

More information

Employment in Poland 2012

Employment in Poland 2012 BRIEFING NOTE Employment in Poland 2012 1. Employment Cost 2. Legal System 3. Employer s obligations 4. Types of employment contract 5. Working time 6. Holiday 7. Sick pay 8. Parenthood rights 9. Mass

More information

Employment law developments in 2013 and 2014 Revised March 2014

Employment law developments in 2013 and 2014 Revised March 2014 Chartered Institute of Personnel & Development Document copied from website 19:03:2014 by Gill Coffin Some hyperlinks may not work ask me to log in to get more information if required. Employment law developments

More information

STRUCTURING A BUSINESS AS A LIMITED LIABILITY PARTNERSHIP (LLP)

STRUCTURING A BUSINESS AS A LIMITED LIABILITY PARTNERSHIP (LLP) STRUCTURING A BUSINESS AS A LIMITED LIABILITY PARTNERSHIP (LLP) CORPORATE LAW INTRODUCTION Partnerships have been used for many years as flexible business vehicles for enterprises, especially where they

More information

FREQUENTLY ASKED QUESTIONS ON EMPLOYMENT RIGHTS

FREQUENTLY ASKED QUESTIONS ON EMPLOYMENT RIGHTS FREQUENTLY ASKED QUESTIONS ON EMPLOYMENT RIGHTS 1. COVERAGE 1.1 Am I covered under the CPF Act and/or the Employment Act? 2. SALARY 2.1 I have left my company but my employer has not paid me my salary.

More information

Examining the 10 most common employment law myths. Newsletter 4 February 4 th 2015. www.fb-education.co.uk 01332 227596

Examining the 10 most common employment law myths. Newsletter 4 February 4 th 2015. www.fb-education.co.uk 01332 227596 Examining the 10 most common employment law myths Newsletter 4 February 4 th 2015 www.fb-education.co.uk 01332 227596 10 most common employment law myths By Andrew Nicklin Employment Solicitor for Education

More information

Netherlands adopt new labour law for 2015

Netherlands adopt new labour law for 2015 Netherlands adopt new labour law for 2015 It has long been uncertain whether the Labour law reform in the Netherlands would actually take place. However, it was decided on 10 June 2014 that the current

More information

Employee pension rights after a TUPE transfer

Employee pension rights after a TUPE transfer Employee pension rights after a TUPE transfer June 2006 Contents Introduction History of TUPE and pensions Public sector contracts The Pensions Act 2004 The general principles Pension obligations on TUPE

More information

Warning of job loss, redundancy, termination of employment

Warning of job loss, redundancy, termination of employment Warning of job loss, redundancy, termination of employment organisational changes in the private sector The Swedish Union of University Graduates of Law, Business Administration and Economics, Computer

More information

Terms and Conditions for the provision of temporary workers

Terms and Conditions for the provision of temporary workers Terms and Conditions for the provision of temporary workers 1. The contract 1.1. All and any business undertaken by Intec Recruitment Services Ltd ( Intec ) is transacted subject to the terms and conditions

More information

MANDATORY SOCIAL WORK REGISTRATION FAQ. April 27, 2015

MANDATORY SOCIAL WORK REGISTRATION FAQ. April 27, 2015 MANDATORY SOCIAL WORK REGISTRATION FAQ April 27, 2015 1. Q: Why Mandatory Registration? A: Under The Social Work Profession Act, only those people who hold a current certificate of practice with the Manitoba

More information

Labour Law in Denmark

Labour Law in Denmark Labour Law in Denmark 2 Labour Law in Denmark Labour Law in Denmark The Danish labour market is in many ways significantly different from what you may have experienced in other jurisdictions. If you have

More information

The Commercial Agents Regulations.DOC. The Commercial Agents Regulations

The Commercial Agents Regulations.DOC. The Commercial Agents Regulations The Commercial Agents Regulations.DOC The Commercial Agents Regulations Contents 1. Introduction... 1 2. The Previous Position... 1 3. Commercial Agent... 2 4. Rights and Duties... 3 5. Remuneration...

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

1.STATUS Quadri status is ruled by the article 2095 of the Italian Civil Code.

1.STATUS Quadri status is ruled by the article 2095 of the Italian Civil Code. Dirigenti Quadri "Dirigente" status is not fixed by law, it has been defined by NCLAs and case law. 1.STATUS Quadri status is ruled by the article 2095 of the Italian Civil Code. Dirigente are high level

More information

RIVERO & GUSTAFSON ABOGADOS

RIVERO & GUSTAFSON ABOGADOS RIVERO & GUSTAFSON ABOGADOS www.riverogustafson.com October 2010 Special Labor Reform Newsletter Labor.. Measures for reducing the temporary nature of the labor market Measures for favoring internal flexibility

More information

Employee Rights. Everything you need to know

Employee Rights. Everything you need to know Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.

More information

What Sets California Apart From Other States?

What Sets California Apart From Other States? What Sets California Apart From Other States? Unique Employment Labor Laws to be aware of if you have employees located in California. Providing Human Resource Solutions for Employers Since 1937 As California

More information

Terminating The Employment Relationship

Terminating The Employment Relationship Terminating The Employment Relationship The contents of this document are intended to provide an overview of concepts relating to the termination of a non-union employment relationship in the province

More information

Employment law changes for 2014 what do they mean for your business?

Employment law changes for 2014 what do they mean for your business? Employment law changes for 2014 what do they mean for your business? Employment law has constantly changed and evolved over the last number of years. This year marks a number of further changes including

More information

TERMINATION OF EMPLOYMENT IN THE DENTAL OFFICE

TERMINATION OF EMPLOYMENT IN THE DENTAL OFFICE TERMINATION OF EMPLOYMENT IN THE DENTAL OFFICE PRESENTATION BY ARLEEN HUGGINS OF KOSKIE MINSKY LLP November 15, 2006 for Drs. PHILLIPS/MONCARZ/FARBER NOBEL BIOCARE CANADA INC. RICHMOND HILL, ONTARIO 1

More information

Abdelly & Associés. Key legislation and regulatory structure. Introduction

Abdelly & Associés. Key legislation and regulatory structure. Introduction Abdelly & Associés Introduction s current proven reserves are approximately 838m barrels, of which 51 per cent is oil and 49 per cent is gas. Approximately two-thirds of s proven gas reserves are located

More information

FREQUENTLY ASKED QUESTIONS ON EMPLOYMENT RIGHTS

FREQUENTLY ASKED QUESTIONS ON EMPLOYMENT RIGHTS FREQUENTLY ASKED QUESTIONS ON EMPLOYMENT RIGHTS 1. COVERAGE 1.1 Am I covered under the CPF Act and/or the Employment Act? 2. SALARY 2.1 I have left my company but my employer has not paid me my salary.

More information

Accident Compensation Amendment Act March 2010

Accident Compensation Amendment Act March 2010 C Circulate to: A Assistance BIZassistInfoline: 1300 78 38 44 Or email: bizassistinfoline@aigroup.asn.au Accident Compensation Amendment Act March 2010 Background On 10 December 2007, the Victorian Government

More information

Memorandum. General Overview Employment Law/ Kingdom of Saudi Arabia

Memorandum. General Overview Employment Law/ Kingdom of Saudi Arabia Memorandum General Overview Employment Law/ Kingdom of Saudi Arabia 1. General 1. Brief Introduction The main piece of employment legislation in the Kingdom of Saudi Arabia (KSA) is Royal Decree No. M/51

More information

Statement of Main Terms and Conditions of Employment Academy Teaching Staff

Statement of Main Terms and Conditions of Employment Academy Teaching Staff Statement of Main Terms and Conditions of Employment Academy Teaching Staff Employer: Academy Transformation Trust incorporated and registered in England and Wales with company number 07846852, incorporated

More information

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal

More information

Individual dismissals across Europe

Individual dismissals across Europe Individual dismissals across Europe Portugal 1. Introduction In Portugal, protection against dismissal comes from the Portuguese Constitution (art. 53.º et seq.) (Constitution) and the Portuguese Labour

More information

terms of business new zealand

terms of business new zealand terms of business terms of business new zealand Welcome to Randstad Randstad is one of the world s leading recruitment and HR services companies. Our vision both locally and globally is to be the number

More information

TERMS OF ENGAGEMENT FOR LIMITED COMPANY CONTRACTOR

TERMS OF ENGAGEMENT FOR LIMITED COMPANY CONTRACTOR TERMS OF ENGAGEMENT FOR LIMITED COMPANY CONTRACTOR Name of Contractor: Limited 1. DEFINITIONS 1.1. In these Terms of Engagement the following definitions apply: Assignment means the period during which

More information

Mexico. Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López. Von Wobeser y Sierra, S.C.

Mexico. Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López. Von Wobeser y Sierra, S.C. Mexico Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López Market overview 1 What kinds of outsourcing take place in your jurisdiction? In Mexico, a subcontracting regime (understood as the regime

More information

The EC3\Legal Guide to TUPE

The EC3\Legal Guide to TUPE The EC3\Legal Guide to TUPE Overview and the 2014 Regulations Marina Garston Legal Director +44 (0)203 553 4879 marina@ec3legal.com This guide focuses on the main provisions of TUPE and takes into account

More information

Employment Law in Bermuda

Employment Law in Bermuda Employment Law in Bermuda Foreword This memorandum has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements

More information

EMPLOYMENT SECURITY AND REDUNDANCY POLICY

EMPLOYMENT SECURITY AND REDUNDANCY POLICY BD 3/2009/103 EMPLOYMENT SECURITY AND REDUNDANCY POLICY Created: September 2009 Page 1 of 12 Contents 1. Introduction and purpose of the policy page 3 2. Measures to preserve employment security page 3

More information

LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS

LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS 1 LEAD PROVIDER FRAMEWORK - CALL OFF TERMS AND CONDITIONS - SUMMARY Where an Order Form is issued by the Authority that refers to the Framework Agreement,

More information

W4MP Guide: Employment Rights

W4MP Guide: Employment Rights W4MP Guide: Employment Rights This guide aims to provide a basic outline of the main employment rights issues that are relevant to staff who are responsible for recruiting new staff, employees of MPs who

More information

Minimum employment rights and obligations

Minimum employment rights and obligations Minimum employment rights and obligations This booklet provides an overview of the minimum rights and obligations that apply by law to employers and employees. Employees can t be asked to agree to less

More information

Termination of employment legislation digest

Termination of employment legislation digest Please note that this country profile might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of

More information

Employment Law Update

Employment Law Update Employment Law Update Question & Answer Summary March 17, 2009 Webinar Key Workplace Agreements, Handbooks and Forms: Drafting Documents that Stand Up in Court 111 SUTTER STREET SUITE 700 SAN FRANCISCO

More information

Employment Law Glossary of key terms and abbreviations

Employment Law Glossary of key terms and abbreviations Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to

More information

Introduction to UK Employment Laws for U.S. Employers

Introduction to UK Employment Laws for U.S. Employers Ogletree Deakins International LLP Fourth Floor, Thavies Inn House 3-4 Holborn Circus London EC1N 2HA United Kingdom Tel: +44 (0)20 7822 7620 www.ogletreedeakins.co.uk www.ogletreedeakins.com Introduction

More information

Employment Law Made Easy by Melanie Slocombe, Consultant Solicitor at Henmans LLP

Employment Law Made Easy by Melanie Slocombe, Consultant Solicitor at Henmans LLP This is an excerpt from Lawpack s book Employment Law Made Easy. To find out more about the employment law regulations and how they should be applied in the workplace, click here. Employment Law Made Easy

More information

Hong Kong IPO Sponsor Reforms.

Hong Kong IPO Sponsor Reforms. December 2012 Hong Kong IPO Sponsor Reforms. Background The Securities and Futures Commission (the SFC ) published on 12 December 2012 its Consultation Conclusions on the Regulation of IPO Sponsors (the

More information

BAYLOR UNIVERSITY Policy and Procedure for Contract Review, Execution, and Administration Substantive Checklist for Divisional Review of Contracts

BAYLOR UNIVERSITY Policy and Procedure for Contract Review, Execution, and Administration Substantive Checklist for Divisional Review of Contracts BAYLOR UNIVERSITY Policy and Procedure for Contract Review, Execution, and Administration Substantive Checklist for Divisional Review of Contracts No contract is valid unless it contains three essential

More information

Managing Termination of Employment Guide

Managing Termination of Employment Guide T E M P L A T E Managing Termination of Employment Guide About this Guide This guide has been designed by Business Solutions Contact (BSC) service provider, Stratecom Pty Ltd. Stratecom specialises in

More information

The starting point is to look at the main changes to the CETV legislation.

The starting point is to look at the main changes to the CETV legislation. February 2015 Transfers, advice and guidance: Changes from 6 April 2015 The new defined contribution ( DC ) pension flexibilities permitted from 6 April 2015 are being accompanied by changes to the transfer

More information

Making an unfair dismissal claim: for national system employees

Making an unfair dismissal claim: for national system employees Making an unfair dismissal claim: for national system employees Information Kit Advice Line 1300 130 956 or 9227 0111 RRR Advice Line 1300 520 054 or 9227 0185 Making an unfair dismissal claim: for national

More information

Termination of Employment: Including Unfair Dismissal

Termination of Employment: Including Unfair Dismissal Termination of Employment: Including Unfair Dismissal There are many different ways that your employment may end, and each way has different legal requirements and implications. Dismissal If you are a

More information

DETAILED DESCRIPTION OF EMPLOYMENT PROTECTION LEGISLATION, 2012-2013 OECD COUNTRIES TABLE OF CONTENTS

DETAILED DESCRIPTION OF EMPLOYMENT PROTECTION LEGISLATION, 2012-2013 OECD COUNTRIES TABLE OF CONTENTS DETAILED DESCRIPTION OF EMPLOYMENT PROTECTION LEGISLATION, 2012-2013 OECD COUNTRIES TABLE OF CONTENTS AUSTRALIA... 3 AUSTRIA... 6 BELGIUM... 8 CANADA... 11 CHILE... 14 CZECH REPUBLIC... 17 DENMARK... 20

More information

AND REDUNDANCY. Summary of the law on

AND REDUNDANCY. Summary of the law on Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline

More information

Act relating to Holidays

Act relating to Holidays 310967 Omslag_ENG_Ferieloven_Omslag.1 12.09.14 14.40 Side 1 Act of 29 April 1988 No. 21 Act relating to Holidays relating to Holidays (Holidays Act) Arbeidslivets lover GYLDENDAL AKADEMISK POSTBOKS 6730

More information

LEGAL SCHEME REGULATIONS

LEGAL SCHEME REGULATIONS LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.

More information

WIRRAL COUNCIL PAY POLICY STATEMENT

WIRRAL COUNCIL PAY POLICY STATEMENT WIRRAL COUNCIL PAY POLICY STATEMENT 2016 2017 1. Introduction and Purpose 1.1. The Localism Act 2011 (sections 38-43) requires local authorities in England and Wales to publish a pay policy statement for

More information

We are pleased to provide you with this brief overview of the issues and principles applicable in this area of the law.

We are pleased to provide you with this brief overview of the issues and principles applicable in this area of the law. We are pleased to provide you with this brief overview of the issues and principles applicable in this area of the law. We hope you will find this information helpful. We welcome your comments and suggestions.

More information

HIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR

HIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR HIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR 28 February 2013 Rose Carey Head of Immigration Anne-Marie Balfour Senior Solicitor, Employment Rose Carey Rose Carey Partner &

More information

Things you may not know about trustee liability

Things you may not know about trustee liability Things you may not know about trustee liability Trustee liability: good news and bad news Potential liability is an extremely important issue for the trustees of occupational pension schemes and, unfortunately,

More information

Insurance and reinsurance news

Insurance and reinsurance news Insurance and reinsurance news Insurance Mediation Directive 2 what it means for you Summary On 3 July 2012 the European Commission adopted a proposal to revise the Insurance Mediation Directive (IMD2)

More information

technical factsheet 175

technical factsheet 175 technical factsheet 175 Guidance on audit exemption for companies and LLPs CONTENTS 1. Introduction 1 2. Articles of association 1 3. Members right to require audit 2 4. Non-group companies and LLPs 2

More information

Namibia. Koep & Partners. Introduction

Namibia. Koep & Partners. Introduction Koep & Partners Introduction Key legislation and regulatory structure Once largely ignored by international oil and gas companies, has in recent times been called one of the last frontiers of oil and gas

More information

Comparison of Provisions and Schemes of Employees Protection in Hong Kong and other Jurisdictions

Comparison of Provisions and Schemes of Employees Protection in Hong Kong and other Jurisdictions LC Paper No. CB(1)259/01-02(06) Comparison of Provisions and Schemes of Employees Protection in Hong Kong and other Jurisdictions Severance payment/ 1 Hong Kong Severance payment (for dismissal by reason

More information

THE KEMNAL ACADEMIES TRUST REDUNDANCY POLICY

THE KEMNAL ACADEMIES TRUST REDUNDANCY POLICY 1 st September 2012 THE KEMNAL ACADEMIES TRUST REDUNDANCY POLICY Effective Date 1 st SEPTEMBER 2012 V2_120509 Page 1 of 24 1 st April 2012 Summary of Procedure Procedural Stage Action By 1-3 Establish

More information

Varying a contract of employment

Varying a contract of employment Varying a contract of employment We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today s

More information

Bonus Payments: to pay or not to pay? Helen Goss Partner Boyes Turner LLP

Bonus Payments: to pay or not to pay? Helen Goss Partner Boyes Turner LLP Bonus Payments: to pay or not to pay? Helen Goss Partner Boyes Turner LLP Our session today What type of scheme does your organisation operate? How much discretion do employers really have? Changing bonus

More information

(no more than 2 years from Start Date) (suggested 1 month within the first 3 months and. (a) Contract Percentage (between 2 and 10%, usually 4-5%)

(no more than 2 years from Start Date) (suggested 1 month within the first 3 months and. (a) Contract Percentage (between 2 and 10%, usually 4-5%) WELSH RUGBY UNION LIMITED Player / Agent Model Agreement Date: 201 Player Player s Address Player s Present Club Agent Agent s Address Start Date End Date (no more than 2 years from Start Date) Notice

More information

Redundancy procedures

Redundancy procedures Redundancy procedures Procedure for considering the termination on grounds of redundancy of Permanent contracts Self-financing contracts Open-ended externally-funded contracts (for academic-related staff

More information