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What part should return to work assessments play in the dismissal …

WebEstimated reading time 4 minutes. In general, where employees are unfit for work for more than six consecutive weeks or on an aggregate basis within a year due to health reasons, it is vital that the employer conduct a return to work assessment known in Germany as ‘Betriebliches Eingliederungsmanagement’ or ‘BEM’ (a review of the …

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Insured benefits and the State Pension Age

WebEmployers who want to withdraw insured benefits from employees who have reached the state pension age (the “SPA”) should be aware that it may not be as straightforward as it first appears. Background The Equality Act 2010 contains an exception which, with effect from 6 April 2011, permits employers to stop providing insurance, or …

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Changes in rules of entry to workplace following return from …

WebAs of July 1, 2021, mandatory COVID-19 testing of employees at their workplace ended in the Czech Republic. However, since July 9, 2021, new obligations of testing for COVID-19 for persons returning from abroad have been introduced. The new rules also impose restrictions with respect to return to work after coming back from being abroad

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Simplification of social dialogue with employee representatives

WebThe French Social Dialogue and Employment Act, published on 24 March 2016, facilitates the combination of employee representative bodies in order to improve and simplify discussions, negotiations and joint actions in companies. What has changed? Prior to the reform, only companies with between 50 and 200 employees could combine their …

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Employment: Updated guidance on managing workplace stress

WebThe Chartered Institute of Personnel and Development, the Health and Safety Executive and Investors in People collaborated to produce new guidance for line managers on managing workplace stress. The updated guidance is entitled “Line management behaviour and stress at work”. The guidance focuses on four management competencies …

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Mobile Working, Home Office, or Teleworking, are they under the …

WebUnder German law, employers need to ensure they use decisive wording in agreements for mobile working, home office or teleworking to avoid possible pitfalls. Although these terms are often used as synonyms, under German law, they may have different legal consequences, especially for employers. Only the term ‘telework’ is …

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New social security contributions

WebThe German Federal Cabinet has published the draft of a regulation concerning the social security contribution ceilings of 2016. As provided for in the German Code of Social Law, important social security contribution ceilings are adjusted according to the income in the year before last (i.e.2014 for 2016 contributions). Please find the social …

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26 week protection from sickness dismissal can be curtailed

WebA new law came into force in Luxembourg on 1 September 2015 which amended the provisions relating to an employee’s inability to work due to sickness, both from the perspective of employment law and social security law. Payment of an employee on sick leave must stop from the date the National Health Fund of Luxembourg

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Compensation & Benefits: Normal minimum pension age set to …

WebAs a general rule a member of a UK registered pension scheme must reach a specified age before he can draw his pension, the normal minimum pension age (“NMPA”). This will rise from 50 to 55 on 6 April 2010. The rise in the NMPA will mean that any pension payment to a member from

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Germany: New legal provisions to apply for A1 certificate

WebAn A1 certificate for a posted employee can only be applied for electronically in Germany. An A1 form determines which social security legislation applies to the holder of the certificate. The online process is now available, according to § 106 SGB IV, by means of system-checked accounting programmes or an automatic filling aid, and can

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“The Macron Scale” of employment law damages approved by …

WebThe Macron scale provides that, in the case of unfair dismissal, an employee can only be awarded between a given minimum and maximum amount of damages, which will vary dependant on the size of the company and the employee’s seniority. The scale does not apply when the dismissal is void; for example, discriminatory or a breach of a …

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Legal update – a new entry visa and work permit in Italy.

WebThe Italian Law no. 25 of 28th March 2022 has introduced a new entry visa and work permit which allows extra-EU citizens to enter and stay in Italy in order to carry out their working activity. (“Digital Nomads Work Permit”). Both self-employed individuals and employees of foreign companies, which are not established in Italy, can apply for

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Social Security Agreement between Switzerland and India

Web72 month exemption from social security contribution. According to the terms of the SSA, detached workers (i) sent by Swiss companies to their Indian business operations or (ii) sent by Indian companies to their business operations in Switzerland are exempt from social security contributions in the host country for a period of 72 months.

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The Netherlands and China Sign Social Security Treaty

WebOn 12 September 2016, a social security treaty between The Netherlands and China was signed. The treaty will probably become effective sometime in 2017. This treaty does not cover all social security schemes of The Netherlands and China. Employees from The Netherlands Under the new treaty, employees of The Netherlands who are seconded to …

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Changes impacting employment law in the Czech Republic in 2019

WebThere have been two major changes to Czech Republic employment law proposed for 2019: an increase of the threshold for payment of health insurance, and the proposed amendment to the Opening Hours Act. Increase of the Decisive Amount for Payment of Social Security and Health Insurance Contributions As of 1st January 2019 …

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2021 Climate Law – New obligations to inform and consult …

WebOn 22 August 2021, the French Parliament adopted the Climate and Resilience Law (“2021 Climate Law”). Since being passed, employee representative bodies must now be informed and consulted on the environmental consequences of any major project considered by an employer. There will be a large number of projects that will now require this prior employee

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