HG.org Legal Resources

Employment Law Articles

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


Employment Non Competition Covenant Advice Note

The effect of existing employment non competition covenants when setting up your own business in competition with a former employer.

No Dismissal Allowed Due To The Loss Of A Doctoral Title – Germany

If it is discovered in the course of an employment relationship that an employee is unjustly using a doctoral title, this alone does not justify dismissal.

Due Compensation for an Employee

Due compensation in case of termination of a definite-term and indefinite-term employment contract in accordance with the provisions of law 12 of 2003 and its amendments.

Notice Periods for Sales Representatives May Be Inappropriate – Germany

Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.

Lack of Specific Regulation for Harassment Will Continue to Affect the Efficiency of Work Relations

Although according to European Union reports, all Member States must deal with the regulation of bullying with top priority, the Romanian legislature has not included in the new Criminal Code provisions criminalizing bullying. The need of integration was stated in the Romanian doctrine to adjust legislation and regulation of moral harassment at work by making it consistent through all national laws and regulations.

Securities and Exchange Commission Saved $439 Million For Whistleblower Rewards

The Securities and Exchange Commission has saved money to spend on it's whistleblower rewards program. It is likely that there will be larger rewards in the future as tips have increased recently.

The Claim That Additional Pay Is Voluntary May Be Ineffective if There Is a Contractual Arrangement - Germany

If an employee is granted a Christmas bonus and the employer does so with the reservation that it is a voluntary benefit, this reservation may not hold under certain circumstances.

Sutter Health Settles Whistleblower Case for $46 Million

Sutter Health decided to settle a whistleblower case before trial. The case involved allegations of double billing for anesthesia services at hospitals in California.

Ninth Circuit Outlines Boundaries of Computer Fraud and Abuse Act

In United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.

Egyptian Labor Law

The new Egyptian Labor Law promulgated by law n°12 of 2003 favors employees. Some of its features are set forth in this article.

Whistleblowers Programs Could Help Regain Funds From Tax Dodgers

According to the California Franchise Tax Board, the state is owed more than 6.5 billion dollars in tax revenue. Some contend that implementation of a whistleblower rewards program could help to bring in some of that lost revenue.

Whistleblower Comes Forward to Talk About Experience at SunFirst Bank

A whistleblower recently spoke at a conference in Las Vegas to discuss her experiences. She was the compliance officer at a bank where gambling funds were processed. She cooperated with federal regulators and exposed the illegal operations at the bank.

Occupational Disease and Missouri Workers’ Comp: Who’s Entitled?

An occupational disease is one that has been contracted as a direct result of a persons employment.

Long Term Disability ("LTD") Appeals and Lawsuits -- Frequently Asked Questions

If your claim for Long Term Disability ("LTD") benefits has been denied or terminated, this article may answer some of your questions and concerns.

Termination of Employment in Turkey Based on Economical Reasons

The Turkish Labor Law No. 4857 ('the Law') sets forth the procedures and the circumstances for termination of employment contracts of employees by employers. With the confines of the Law, two separate termination mechanisms, namely rightful (just) termination and termination based on justifiable cause are available.

Claimant Unsuccessful in Disability Insurance Lawsuit against Boston Mutual in a Louisiana Lawsuit

In an ERISA disability lawsuit against Boston Mutual, Federal Judge upholds decision to deny Southside Machine Works employee’s long term disability benefits.

Employee Can Successfully Bring Intentional Tort Claim against Employer City

The usual avenue for employees seeking compensation is through a worker's comp claim. An exception to this is an intentional tort claim. This case examines a man suing a city for an assault he suffered while working for the city.

Missouri Commission Rejects First Aggressor Defense

The Missouri workers’ compensation commission has made an unexpected decision by allowing a man to receive workers’ comp benefits. The man and his supervisor had gotten into a physical fight. The case was heard by the Commission in order to determine whether or not what happened constituted a workplace accident.

Liability for Intentional Wrongdoing Cannot Be Excluded by an Acceleration Clause – Germany

Legal provisions cannot be circumvented by acceleration clauses in employment contracts.

Notice Periods for Sales Representatives May Be Inappropriate – Germany

Under certain circumstances, standard provisions regarding agreed-upon notice periods for sales representatives may be inappropriate.

Going to Court for a Missouri Workers’ Compensation Claim

Having to go to court to prove a workers’ compensation claim is not ideal. Resolving the case through settlement or mediation is often preferred because of the expense and stress of going to court. However, in order to receive the compensation you are entitled to, sometimes taking your case to court is necessary.

Problems with California's Bill Limiting Workers' Compensation for Out-of-State Athletes

California has moved one step closer to making its controversial workers’ compensation bill a reality. Earlier this month, the California Senate voted to pass the bill, which restricts most professional athletes playing for out-of-state teams from filing workers’ compensation claims in California. The bill is now awaiting the signature of Gov. Jerry Brown.

Employment Relationship after Years of Contract Work – Germany

An employment relationship can be established regardless of whether a service contract was signed, even after contract work under instructions.

A Substitute Official Working on Call May Be Entitled to Compensatory Time Off – Germany

If an official working on call is entitled to compensatory time off, this also applies to his/her appointed substitute.

Flight Crews Can Deduct Driving Expenses in Full – Germany

The driving expenses of flight crews between their home and their assigned airport can be deducted in full.

Employment Relationship with Transferred Employee Despite Transfer Agreement – Employment Law - Germany

An employment relationship with the host business can be assumed under certain circumstances despite any transfer agreement.

Establishment of an Employment Relationship after Longstanding Deployment of External Employees - Germany

Irrespective of any contract to produce a work, an employment relationship can emerge even in the case of external employees deployed and bound by instructions if integrated into the business.

Polish and Turkish Legal Systems for Maternity Leave of Employees

Maternity leave (also referred as parental leave, paternity or adoption leave) is a form of an employee benefit that provides paid or unpaid time-off from work for the purposes childbirth or child welfare. Maternity leave is guaranteed mostly by the constitutions or by statutory regulations in all EU states including Poland, as well as in Turkey. This brief information note aims to summarize the systems in Turkey and in Poland.

Contractual Forfeiture Clause Does Not Lead to the Exclusion of Liability for Deliberate Acts - Germany

A contractual forfeiture clause included in an employment contract may not necessarily apply in the case of already legally regulated cases.

Immediate Termination of a GmbH Managing Director - Germany

In determining the valid grounds of immediate termination of a Managing Director, the knowledge available to the parties in regards to the reasons for making the termination effective are decisive.

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.


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