Employment Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Employment.

Entitlement to Part-Time Work after Parental Leave - Germany

The employer of an employee returning after parental leave must provide for a part-time employment option.

Works Council’s Right to Refuse Borrowing on More than a Temporary Basis - Germany

The works council of company hiring temporary workers can reject the borrowing of a temporary worker on more than a temporary basis.

In Deciding on a Secondment All Employees Must Be Included - Germany

Employers may not set iniquitous parameters when choosing employees for the purposes of a secondment. Thus, the restriction solely to formerly temporary employees is impermissible.

Termination of a Compliance Manager in Regards to Monitoring Measures - Germany

Circumstances may lead to the termination of a compliance manager when it comes to monitoring measures taken with regard to an employee.

Unreasonable Discrimination in Relation to an Extended Period of Notice of Termination - Germany

The Federal Supreme Court has issued a decision in regards to the termination of a commercial sales agent which has been determined to represent unreasonable discrimination only due to the provision of a termination notice period of 12 months.

How Disabled Do You Have to Be to Get Social Security Disability Benefits?

You do not have to be "totally disabled" or an invalid! For many claimants, you only have to be disabled from your former type of work. The Social Security Administration will take into consideration your age, education and past work experience in deciding if you are disabled under their rules. Every case is unique.

Extension of an Employee's Probationary Period

An employer’s extension of a recently-retained employee is not an action employers summarily or frequently take. Oftentimes the employer is afraid to modify its probationary period policy for fear of repercussions if it/he/she does so. Other times, the employer simply does not have sufficient information to form a viable decision.

New Amendments to Foreign Work Permit Procedure in Ukraine

On July 5, 2013, the Cabinet of Ministers’ Resolution No. 437 regarding “Issuance, Prolongation of the Validity Term and Annulment of Permissions for the Use of Labor of Foreigners and Stateless Persons”, dated May 27, 2013 (the “Resolution”), came into force. The Resolution establishes the new list of documents required for obtaining work permits for foreign individuals hired for labor in Ukraine.

Ukrainian Government Simplifies List of Documents Required for Temporary Residency

Once again, the Ukrainian government has introduced amendments to the Ukrainian immigration rules. This time, the amendments are designed to decrease the volume of documents required for foreign work permits and temporary residency permits.

Ordinary Dismissal: Reference to Statutory Deadlines Should Suffice - Germany

A reference in the dismissal to the relevant statutory deadline provisions is sufficient, if it is possible to identify the date on which the employment relationship is supposed to come to an end.

Permanent Residency Option for Applicants under Specific Labor Programs - Panama

Any applicant hired by a company within the 10% of the Panamanian payroll or 15% (Technicians) will be entitled to opt for a permanent residency status as long as the process is completed.

Dismissal of a Director without Notice Knowledge of the Board Decisive - Germany

In the view of the Federal Court of Justice, the level of knowledge of the board deciding on the dismissal is decisive in determining the reasons for a dismissal of a GmbH director without notice.

Rights to Information of Applicants in the Recruitment Process - Germany

A rejected job applicant should not have a right to information vis-à-vis the employer regarding whether the employer has hired another applicant or on the basis of which criteria people were hired.

Compensation Payments for Vacation or Holiday Leave Time Entitlements According to Labor Law - Germany

If an employee waives compensation for leave in the context of a settlement with the employer, EU law cannot stand in opposition to such a waiver.

Industrial Tribunal Decision – Maria C. Debono vs Foster Clark Products – Injury Leave - Unfair Dismissal

On the 4th June 2013 the Industrial Tribunal, following a claim for unfair dismissal filed by Mrs Maria Concetta Debono, awarded a decision in her favor and ordered her re-instatement with Foster Clark Products Limited and the payment of wages for the duration of her unemployment.

Insurers Balk At The Prevalence of Narcotics In The Workers’ Comp System

The prevalence of narcotic prescriptions in the workers’ compensation system is receiving a lot of attention currently because insurers are becoming uncomfortable with assuming the cost of these prescriptions when it comes to long term use.

A Q&A Guide to Doing Business in Angola

An overview of key developments affecting doing business in Angola and an introduction to its legal system for foreign investment, currency regulations and incentives, business vehicles and relevant restrictions and liabilities. It provides short overviews on the laws regulating employment relationships including redundancies and on competition law, data protection, product liability/safety, taxation/tax residency and IP rights over patents, trade marks, registered and unregistered designs.

Bus Driver’s Injuries Are Compensable Though the Injury Occurred At Home

A New Jersey Bus Driver was awarded workers’ compensation by a judge after her claim for benefits after experiencing an accident where she tripped and fell, breaking her foot, was initially denied.

Assembly Bill 10: Hope for Low-Wage Workers

California’s minimum wage was set at $8.00 per hour in 2008 and has since not been changed for the last six years. However, Assembly Bill 10 could change all of that.

Employment and Employee Benefits in Bulgaria: a Q&A Guide

This Q&A gives an overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; IP; restraint of trade agreements and proposals for reform.

Employee Share Plans in Bulgaria: Regulatory Overview

This guide offers a high level overview of the key issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings.

Tyson Foods Inc. to Pay $4 Million Penalty after Toxic Chemical Releases

Tyson Foods Inc. has been penalized in the amount of $4 million after harmful chemicals were accidentally released in different facilities in four states. Due to the chemical exposure several employees were injured and one died. Additionally, risk management practices will need to be reevaluated.

Temporary Workers Could Be Entitled to Equivalent Payment Like Permanent Employees - Germany

In several cases the Federal Labor Court (BAG) should have decided that temporary workers could be entitled to a higher salary for their work.

Vacations for Pregnant Employees - China

Pregnant employees rights are protected with special care. There are six different leaves for them during pregnance.

Profitable Rulings for Temporary Workers - Germany

The German Federal Labor Court (BAG) has decided that temporary workers could potentially receive more pay.

For-Profit Nursing Home Employees May Have Whistleblower Claims

A recent study found that the federal government pays a significant amount of money, for Medicare fraud, to for-profit nursing homes.

Outsourcing of AML Compliance: How Far Can a Financial Institution Go?

Several banking giants, such as HSBC and Standard Chartered, are currently being investigated by US regulators for alleged failings in anti-money laundering (AML) compliance. All fingers point to lapses involving outsourcing units operating without adequate oversight.

Government Involvement in a False Claims Act Case

Blowing the whistle on fraud that is committed at the expense of U.S. taxpayers is, generally, governed by the federal False Claims Act. The Act allows a private citizen to step into the shoes of and pursue a claim on behalf of the government.

Aggravated Assertion of Professional Expenses with Regard to a Lasting Place of Work Abroad - Germany

If an employee is posted to a subsidiary company abroad for years, there may be variations in the arrangement of his professional expenses.

Filing a Workers’ Compensation Claim

The workers compensation process involves the Division of Workers’ Compensation, an insurance company, your employer, medical providers and potentially a liable third-party. It’s no wonder that injured workers find the process difficult to understand and hard to follow.

No Impact on Whistleblower Claims after Off-Label Drugs Ruling

Although off-label prescription drugs are involved in many False Claims Act cases, the Second Circuit Court of Appeals recent decision looks unlikely to have any major impact on whistleblower lawsuits.

Whistleblower Rewards: A Reason for Taking a Risk

There are risks to blowing the whistle on illegal, corrupt or fraudulent business practices, but there are also protections and incentives built into the process as well.

Classifying a Worker as Employee or Contractor

Most businesses want to classify their workers as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.

Termination of Fixed Term Contract of Employee by the Employer in Democratic Republic of Congo

This article answers the question whether in the Congo labour law; the employer terminates the fixed term contract of an employee few months to the end of the contract. Will the employer pay for the remaining months that didn’t take place?

The Effect of Government Intervention on a Whistleblower Award

The False Claims Act was designed to provide an award to encourage potential whistleblowers to come forward and take steps to stop the waste of taxpayer dollars.

Vision Impairment Workers’ Compensation Injuries

Employees can suffer all kinds of injuries while working. Vision impairment or loss can be one of the many different types of work injuries suffered. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options.

BAG Rules on Temporary Workers - Germany

The Federal Labor Court (BAG) appears to have decided in several cases that temporary workers might potentially be entitled to a higher wage for their work.

The Different Types of Workplace Discrimination

Employment Discrimination laws seek to prevent discrimination based on everything from race and sex, to religion and physical ability. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.

Thailand – the Latest Developments in South East Asia

Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost the economy in 2012. Despite uncertainty about the evolution of the global economy, the Thai economy is expected to rebound sharply with GDP growing by 5.5% in 2012 and 5% in 2013 (according to The World Bank).

An Onerous Duty - Malaysia

"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking at the company's behest. The article is a brief on who a "Director" is and the duties that comes with the name.

Basis for Calculating the Remuneration of the Preliminary Insolvency Administrator - Germany

The basis for calculating the remuneration of the preliminary insolvency administrator is normally the value of the insolvency estate, yet there may be particularities pertaining to the calculation.

Sexual Harassment - How Safe Are You at Work?

A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?

Workers Compensation: Shoulder Injuries

Insurance companies will often deny benefits. They dispute shoulder injuries by blaming your problems on arthritis or that the injury did not result from a work related incident.

Employee Has No Right to Particular Overall Score in Employer’s Reference

An employee has no right to a particular overall score from the preparation of an employer’s reference. Moreover, this right does not arise from the requirement for clarity in a reference.

New Pregnancy Leave Obligations and Rights FEHA PDLL

The California Second District Court of Appeal’s decision in Sanchez v. Swissport, Inc., No. B237761, will have a significant impact employment law and the way employers handle employees requiring pregnancy leave.

Retirement Age Limits in Work Agreements Are Effective - Germany

Retirement age limits stipulated in work agreements are not discriminatory and thus effective.

Very Tight Deadlines in the Field of Labor Law

The Federal Labor Court (BAG) decided that deadlines in the field of labor law which are partly very tight, must be respected.

What is “At Will” Employment?

“At will employment” means that employers and employees have a wide range of freedoms in terminating their work relationship. "At will" states allow the firing of employees with good reason or for virtually no reason at all; however the termination must not violate the terms of a written contract, or break state or federal laws. Employees who are hired under these circumstances generally have little job security, and very few legal opportunities to fight for their job if they are fired.

Indigenous Women Share Perspectives on Violence at United Nations

Women have historically been subjected to legal discrimination based on their gender. With the passage of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), women are able to use the law to fight sex discrimination in employment, education, domestic relations.

Andrew Cuomo Introduces Unprecedented Women’s Rights Legislation

New York is leading the way on legislation to ensure women aren't treated as second-class workers.

Maintaining a Residence Ban Be Exacerbated by an Employee Being Posted Abroad - Germany

Should an employee be posted to a subsidiary company abroad over a long period of time, this can potentially have an impact on the arrangement of his professional expenses.

California School’s Duty to Report Abuse

In California, the responsibility of school employees to report suspicion of child abuse is not only a component of a person’s moral compass, it’s the law. Communities rely on places like institutions of education to provide an element of safety for children, and teachers and administrators are assumed to uphold that expectation.

Florida Firefighter Wins Workers’ Compensation Benefits Battle

Employees can suffer all kinds of injuries while working. If you were injured at work, it is important to speak to a workers compensation lawyer about your legal rights and options.

Temporary Workers Are to Be Taken into Consideration for the Employment Protection Act

If an employer calculates the size of the business in order to find out whether the Employment Protection Act (Kündigungsschutzgesetz (KSchG)) is applicable, then temporary workers have to be potentially taken into consideration.

Balancing it Out - Family and Employment - Malta

The recent increase in maternity leave has created strong views, unsurprisingly divided into two broad categories: those who insist that the increase of the maternity leave to 18 weeks was essential and inevitable, and those who feel that the extended maternity leave will prove to be too much of a financial burden for the employer.

Temporary Workers to Be Taken into Consideration for Application of the Employment Protection Act - Germany

Temporary workers can be taken into consideration in determining the application of the Employment Protection Act (Kündigungsschutzgesetz (KSchG)) when the employer calculates the size of the business in order to find out whether the KSchG is applicable.

Are Executive Employees Entitled to Overtime?

The Fair Labor Standards Act (FLSA) has much to say about employees classified as “executives” and whether or not they are entitled to compensation for overtime hours.

Federal Labor Court Confirms: Partly Very Tight Deadlines in the Field of Labor Law - Germany

It has again emerged from the decisions of the Federal Labor Court (BAG) that deadlines in the field of labor law which are partly very tight must be respected.

Oklahoma Workers Compensation Reform in 2013

Missouri law requires most employers to carry insurance, which pays for medical treatment and lost time benefits for employees who are injured on the job. The law requires prompt payment of benefits at no cost to you if you sustain a work-related injury covered under the law.

Posting Workers Abroad Is Likely to Make Maintaining a Residence in the Home Country Difficult - Germany

Posting a worker for years to a subsidiary company abroad can spell changes to the arrangement of his professional expenses.

Proposed Amendments to the Chinese Labor Contract Law Regarding Employment of Dispatched Workers

Labor dispatching is a common method used by foreign invested enterprises in China to employ workers through labor dispatch agencies (“Agencies”) e.g. FESCO or CIIC.

Dismissal of a Compliance Manager Possible by Reason of Unlawful Conduct - Germany

Surveillance measures carried out by an executive compliance worker with respect to a co-worker can potentially lead to the former’s dismissal.

Understanding the Labor Law of the Democratic Republic of Congo [DRC]

This brief paper is designed to provide an up to date answer to the increasing demand from many sources for information in English concerning the Labor Law of the Democratic Republic of Congo. Its discusses various issues including hiring Expatriates workers, work permit, visa, Employment contracts, dismissal, leave, etc… in the labor Law of the Democratic Republic of Congo [DRC]

Steps to Take if You Are Being Denied Overtime from Your Employer

  By Grey Law
In regards to overtime hours for employees, the United States Department of Labor in conjunction with the Fair Labor Standards Act have created stringent laws to protect workers throughout the nation, as well as enormous penalties for employers who don't abide by the regulations.

Termination Due To Audio Recording In Personnel Meeting Possible - Germany

The mutual trust between employer and employee can be strongly disturbed by a secret audio recording of the employee during a personnel talk.

2013 California Employment Laws

In September 2012, California Governor Jerry Brown enacted a number of laws relating to employment law. It is important that employers are familiar with the changes in order to ensure compliance. The following list includes that changes made which, unless stated otherwise, will go into effect January 1, 2013.

Federal Worker Claiming Employer Failed to Make a Reasonable Accommodation Must Have Requested One, Case Finds

The failure of an employer to make a reasonable accommodation is a form of prohibited discrimination under the Rehabilitation Act.

The new world of work: The legal form of changing labour relations

What are the trends going to be for personnel management in the years to come? From an employment law point of view, how will companies and employees relate to each other in these changing times?

Racial Discrimination in California: Statistics and Tips

Racial discrimination, whether people like it or not, is part of the labor sector’s bad side. Workplace discrimination based on a person’s race is not uncommon in many working environments in the United States.

The Advantages of Federal Disability Retirement

Some federal employees may view Federal Disability Retirement with trepidation. These remain tough economic times and there are understandable concerns that you won’t be able to make up your former income after retirement.

California’s Employment and Labor Laws: Why are They Better?

The realms of employment and labor in the State of California are not without their common issues, such as discrimination, harassment, and anything that demonstrates unfair treatment to employees. Fortunately for them, they are able to fight for their rights as workers by seeking protection from the state’s employment and labor laws.

Male Victims of Sexual Harassment in the Workplace

  By Grey Law
In 2009 there were almost 12,700 sexual harassment complaints filed with the U.S. Equal Employment Opportunity Commission. Sixteen percent came from men. Even though the total amount of sexual harassment is consistently on the decline, the number of complaints from men have increased over the years.

Obesity Can Be Grounds for Federal Employee FERS and CSRS Disability Retirement

Obesity or morbid obesity may qualify you for FERS or CSRS disability retirement through the Office of Personnel Management (OPM).

10 Long Term Disability Pointers

Your LTD claim: The Initial Steps

Anatomy of a "Non-Compete" Agreement

Maryland employment law attorney explains the anatomy of a non-compete agreement.

Defense Telecommunications Operator Loses Her Discrimination Claim over Denial of Reasonable Accommodation

The duty to provide reasonable accommodation does not apply to an employee who is unable to perform the essential functions of his or her job, according to a recent EEOC ruling.

Can I Make a Deposit for Post-1956 Military Service AFTER I am Approved for OPM Disability?

In general, the answer is “no.” If you want to make a deposit for post-1956 military service such that credit for your military service will be reflected in your retirement annuity, you must complete OPM Form 1515: “Military Service Deposit Election” and submit this form with your retirement application to OPM. You will NOT be allowed to make any such deposits once your retirement benefits are approved.

China Employment Law

  By MMLC Group
This article provides a summary of the most important laws in China governing the relationship between an employer and an employee. The discussions apply to wholly foreign-owned entities, local domestically owned entities, as well as the employment of foreigners and locals.

The SSA and Direct Deposit: Making Social Security Benefits Payment Easier

Times are getting tougher by the day. As it is, people with disabilities are finding it hard to survive on a daily basis. Because of their disabilities, they are forced to give up their jobs.

Employer Alert: Are You Ready for 2013?

United States employers will be faced with a number of new obligations as of January 1, 2013

Don’t Get Caught in 409A Tax Trap – Year End Deadline Looms

Severance payments on a release or non-compete must comply with Section 409A tax rules by December 31, 2012.

Is Light Duty a Reasonable Accommodation?

Why light duty might not always be a reasonable accommodation for federal disability purposes.

Accommodations and Disability Retirement, No Conflict

Why the Accommodations Issue is Unlikely to Pose a Problem If You Are Filing for Federal Disability Retirement Benefits

Avoiding Sexual Harassment in the Workplace

  By HG.org
Sexual harassment claims are serious business. Employers can be held responsible for the actions of their supervisors, employees and even non-employees like vendors or customers. In order to avoid the substantial liability that they can confront with a sexual harassment claim, employers should take steps to minimize their exposure.

Filing a Jones Act Claim: Accident Reports and Recorded Statements

Filing a Jones Act claim doesn’t necessitate an accident report or a recorded statement. If you’ve been injured at sea, a Gulf Coast maritime attorney can review your case.

The Rights of Longshoremen Under the LHWCA

What your legal rights are as an injured longshoreman? You may be entitled to benefits covered under the LHWCA.

Felonious Wealth

Whether it is fraud in Medicare or Medicaid, failing to pay Customs duty, defrauding the government in defense contracts or any other major fraud against the government, it is the taxpayers who suffer. Birkenfeld, an ex-con, stands as one example that anyone can become a whistleblower but he has garnered so much attention because he is so incredibly unusual. Most whistleblowers are good and successful citizens who discover fraud and are horrified by that discovery.

Highly Qualified Persons Rules - 15% Flat Tax Rate on Employment Income - Malta

Malta’s position within the financial services, gaming and aviation sectors, is further bolstered by the newly introduced 15% flat tax rate on; income derived from employment in Malta, by persons not domiciled in Malta and working in either of the ‘eligible offices’ as defined by the HQP Rules. With a minimum annual tax payable of € 11,250, equating to a 15% tax rate being applied to an income of € 75,000, tax planning has become a lot simpler.

Hungary to Offer Investment-based Permanent Residency for €250,000

A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling party of Hungary submitted a Bill to Parliament, which would offer permanent Hungarian residency under preferential conditions for non-EU national investors willing to buy at least €250,000 of government bonds. The Bill is currently under consideration and is expected to become law very soon.

Workers' Compensation Insurance Fraud

Crackdown On Workers Compensation Fraud Cases Punishes Business Owners Without Workers Compensation Insurance: Two recent cases where business owners fail to maintain workers compensation insurance are showing that law officials will not stand for businesses that commit workers' compensation fraud and violate state law.

Key Features of the Engagement of Foreign Labor in the Republic of Kazakhstan

Kazakhstan, like many other countries, has an established permit procedure for employing foreign workers. In this case, obtaining a permit for engagement of foreign workers is the responsibility of an employer. In practice employers frequently commit violations when engaging foreign workers owing to incomplete knowledge of the appropriate procedures.

California State Employment Laws in Effect since Start of 2012

The year 2013 is fast approaching. That being said, a lot of new changes and additions to the California employment and labor laws are bound to happen. Consequently, employers and employees in the state will surely be impacted by some of the provisions to existing laws, as well as new legislations created out of necessity for the betterment of the employment sector.

Product Liability Cases of Interest from 2011 and 2012

New Jersey federal and state courts and the U.S. Supreme Court, in addition to a federal court in New York, have issued a number of opinions regarding products liability and related issues since the beginning of 2011. Below is a synopsis of some of the more interesting and important of those decisions.

Commercial Letter of Credit

  By Zorlu Law
Examining Contracts Arising Under the Commercial Credit Transaction (Letter Of Credit) Commercial credits are most commonly used in the international transactions areas. Its main future is that; it gives security both the exporter (seller) and the importer (buyer). The Seller knows that, he will get paid if he completes his duty properly. The buyer, on the other hand, can ensure to part his money before the goods are received.

Obesity in the Workplace

Is being overweight a protected disability under the Americans with Disabilities Act of 1992? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can be. Whether you are an employee or employer, there is no easy or safe shortcut to managing your legal rights and liabilities without the advice of competent employment law counsel.

Fighting Precarious Employment - Malta

The recent media blitz in respect of precarious employment brought about the introduction of Legal Notice 44 of 2012 entitled Employment Status National Standard Order. However, neither the Legal Notice nor any other local legislation provides for a definition of precarious work. Precarious work is not formally defined in any legislation, but is associated with atypical work, low paid work and illegal work practices.

The United Nations Convention on Contracts for the International Sale of Goods (CISG)

  By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.

Germany - Observing Deadlines Remains Important In Labor Law

Several current judgments of the German Federal Labor Court show that there is no room for hesitation when it comes to questions pertaining to labor law. In the recent past, the court explained that though vacation entitlements accrue from long standing employment contracts, that these claims however, expire 15 months after the end of the holiday year. In other proceedings, it was made clear that a 2 months deadline has to be kept in order to assert the compensation claims for discrimination.

Singapore Business Law - Employee or Freelance Contractor?

In recent years, the Singapore Law Courts have come down hard on companies who hire “temps” or freelance contractors as a means to avoid paying employee benefits. The Courts’ may not agree that your hired hand is not an “employee” but a “freelance contractor”. Read this article to find out the difference between an employee and a freelance contractor.

Singapore Business Law - Protect Your Assets With Keyman Insurance

Have you ever considered whether or not your business could continue without you or your key employees? “Keyman Insurance” is an insurance policy designed to financially protect a business from the effects of prolonged illness or death of important employees of a business. Read this article to find out how your business can benefit from keyman insurance.

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