All Insights

UK government makes announcement on tackling non-compliance in the 'umbrella' companies market

Thu, 18 Apr 2024 16:13:46 +0100

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Guidance due later this year will support workers and businesses using umbrellas, including an online pay-checking tool

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How to bridge the gap in gender pay in the Netherlands to avoid surprises

Fri, 15 Mar 2024 09:37:21 +0000

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Employers should prepare for impending legislation to avoid only having the option of upping salaries to bridge the gap

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EU agrees watered-down Platform Workers Directive – what will platforms and staffing companies need to prepare for?

Tue, 12 Mar 2024 12:01:56 +0000

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The measures are not as far-reaching as once expected, but it may become easier for a wide range of gig workers and independent contractors to claim employment rights against platforms and other intermediaries

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All change for staffing and platform worker arrangements in the UK – new consultations, announcements and likely manifesto commitments

Fri, 08 Mar 2024 14:26:58 +0000

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Budget announcements of 6 March and forthcoming general election point to big changes for sector

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UK Employment Law Coffee Break: Labour's employment proposals, TUPE and harassment, and our latest GDPR for HR seminar

Thu, 08 Feb 2024 13:56:19 +0000

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Welcome to our latest Coffee Break in which we look at the latest legal and practical employment law developments impacting UK employers

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What would Labour do? Proposal for bill on temporary staffing, gig working and contracting

Wed, 07 Feb 2024 12:03:27 +0000

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Will a new Labour government in the UK change the world of temporary staffing, gig working and contracting within 100 days of an election?

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Payment services reform poses challenge for Europe's people platforms, MSPs and payroll companies

Wed, 31 Jan 2024 11:29:06 +0000

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Those that have relied on the commercial agent exemption will need to revisit their business models to remain compliant

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News on employment contract termination and permanent disability in Spain

Wed, 31 Jan 2024 09:00:30 +0000

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The Court of Justice of the European Union ("CJEU") has declared that the automatic termination of an employment contract due to the employee's total permanent disability is contrary to Directive 2000/78. Therefore, the CJEU requires employers to take reasonable and appropriate measures to preserve employment before proceeding with the employee's dismissal

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EU Platform Work Directive: deal reached on new rules to classify status of platform workers and automated decision-making

Fri, 15 Dec 2023 09:56:04 +0000

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Significant changes to employment rights for platform workers likely to affect numerous sectors

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Dutch Supreme Court ruling has major implications for hirers of temp workers

Mon, 20 Nov 2023 11:10:33 +0000

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Any decision to hire a group of temporary workers requires prior advice from the works council

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Autumn Statement 2023: what business tax measures can the UK expect?

Fri, 10 Nov 2023 11:30:59 +0000

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Immediate tax cuts and giveaways are unlikely to feature in the chancellor's statement on 22 November

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Business protection in the employment lifecycle: what US businesses with global employees need to know

Thu, 02 Nov 2023 10:10:24 +0000

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The employment lifecycle offers various touchpoints for potential risk, from onboarding to exit

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Dutch government proposes bill to provide more clarity on workers' status

Fri, 13 Oct 2023 10:52:33 +0100

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The bill is part of broad labour market reforms for greater security for workers and more agility for entrepreneurs

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UK Employment Law Coffee Break | Holiday pay: Supreme Court provides clarification for employers in ruling on unlawful deduction of wages claims

Thu, 05 Oct 2023 16:14:55 +0100

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Welcome to our latest Employment Law Coffee Break in which, this week, we focus on the latest holiday pay ruling from the Supreme Court

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5 things you should know about whistleblowers – internal reporting

Mon, 25 Sep 2023 09:14:07 +0100

Whistleblowers, the main obligation imposed on employers in connection with the implementation of whistleblowing regulations is the procedure for internal reporting.

A large group of employers will have to develop internal regulations that specify how notifications must be made and what happens next with those notifications.

If you have questions or need legal support in preparing an internal reporting procedure, please feel free to contact Osborne Clarke experts: Anna Golenia Wójcik and Agnieszka Król.

UK employers face threefold rise in penalties for illegal workers

Mon, 21 Aug 2023 16:36:37 +0100

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The hostile environment harshens with steep fines for employers that do not comply with Home Office right to work rules

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Employers using AI to recruit skilled workers need to stay up-to-date in Germany

Mon, 31 Jul 2023 09:57:43 +0100

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What employment law and discrimination challenges are raised when artificial intelligence is used to recruit in Germany?

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Employment and immigration | UK Regulatory Outlook July 2023

Wed, 26 Jul 2023 17:04:59 +0100

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What US and UK companies need to know as the Platform Workers Directive edges nearer | High Court finds regulations permitting use of agency workers to cover strikes are unlawful | Harassment: Compromise reached on the Workers Protection (Amendment of Equality Act 2010) Bill

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Epidemic emergency lifted: the situation of foreigners in Poland

Tue, 11 Jul 2023 12:09:08 +0100

On 1 July 2023, the state of epidemic emergency introduced in connection with the COVID-19 pandemic was canceled. This ended special solutions for the employment of foreigners in Poland introduced by the so-called ‘Special Covid Law’.

Documents legalizing work

As a reminder: under covid regulations, if the last day of validity of a work permit (statement on entrusting work to a foreigner) was during a pandemic (or during the epidemic emergency), the validity of these documents was extended only until 31 July 2023. This means that as of 1 August 2023, such a work permit or statement on entrusting work to a foreigner will not be valid and cannot be the basis for employing a foreigner in Poland.

Documents legalizing residence

Similar rules apply to documents legalizing a foreigner’s stay in Poland. Under covid regulations, if the last day of a foreigner’s period of stay on the basis of a national visa or the last day of the period of validity of a temporary residence permit fell during a state of epidemic emergency or a state of epidemics declared in connection with SARS-CoV-2 infections, the period of stay on the basis of that visa and the period of validity of that visa or the period of validity of the residence permit was extended until the expiration of the 30th day following the day of cancellation of whichever state was last in effect. Thus, according to these regulations, foreigners residing in Poland whose temporary residence permits and national visas expired during the pandemic (or during the period of the epidemic emergency) have their legal stay extended only until 31 July 2023. In order to stay in Poland legally afterwards, they must obtain a new basis for their stay in our country.

Consequences of employing foreigners without valid documents legalizing work and residence

Illegal employment of foreigners (i.e. without documents legalizing residence and/or work) triggers the risk of a fine for the employers (between PLN 1,000 and PLN 30,000). In specific cases, the penalty of limitation of liberty or imprisonment is also in place.

WHAT TO DO?

Employers should audit documents legalizing the work and residence of foreigners employed by them as at 14 March 2020 and those hired after that date. This is because on 14 March 2023, an epidemic emergency (and then an epidemic state) was introduced which brought special arrangements for the employment of foreigners. Next steps to be taken:

a) file by 31 July 2023 at the latest the relevant applications to legalize the work of foreigners;

b) in parallel, staff should – by 31 July 2023 at the latest - file applications for residence permits to legalize their stay in Poland and obtain a stamp imprint in their passports confirming the application was filed.

Feel free to contact us with additional questions or concerns.

Umbrellas at the ready: non-compliance in the UK umbrella company market

Fri, 07 Jul 2023 09:11:31 +0100

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Change is afoot for the temporary workers market as a consultation probes how to attain better compliance and regulation

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What US and UK companies need to know as the Platform Workers Directive edges nearer

Fri, 30 Jun 2023 11:29:10 +0100

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Adoption looks likely over the next 12 months after the EU ministers agreed their position on the proposals

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Revocation of the state of epidemic threat in Poland

Tue, 20 Jun 2023 15:18:20 +0100

On 1 July 2023, the state of epidemic emergency declared in relation to COVID-19 will be revoked in Poland.

What changes await employers as a result of its revocation?

Occupational health examinations

Medical certificates issued as part of initial, periodic and check-up medical examinations that expired after 7 March 2020 will remain valid until 180 days after the date of revocation of the epidemic emergency. This means that the 'overdue' medical examinations will have to be carried out by 28 December 2023 at the latest. From 1 July 2023, employers will no longer be able to exempt from initial medical examinations candidates applying for an administrative and office position who have a current medical certificate that there are no contraindications to work in such conditions. Thus, the general rule that (with the exceptions indicated in the Labour Code) all persons admitted to work undergo an initial medical examination will return.

Health and safety training

In a state of epidemic emergency, it was allowed to carry out initial health and safety training entirely by means of electronic communication (with the exception of the instructional placement of employees working as blue-collar workers, employees exposed to hazardous agents, students undergoing practical vocational training, and students undergoing student training). From 1 July 2023, initial health and safety training will have to take place in stationary form. In addition, if the date of periodic health and safety training fell during a state of epidemic emergency, a state of epidemic and within 30 days of their cancellation, such training must be provided by 30 August 2023 at the latest.

Non-competition

As of 1 July 2023, the possibility to terminate a non-competition agreement after the termination of the employment relationship, agency agreement, contract of mandate or contract of specific work with 7 days' notice will be abolished. The employer will therefore only be able to terminate a non-competition agreement after termination of employment if the post-employment non-competition agreement contains a relevant provision to that effect, i.e. providing for the possibility of such early termination by the employer.

Leave

The employer will lose the possibility to grant the employee, at a date designated by itself, without obtaining the employee's consent and bypassing the leave plan, the overdue annual holiday of up to 30 days of leave. From 1 July 2023, the general rule of granting annual leave in accordance with the leave plan or directly in agreement with the employees will return.

Severance pay

During the duration of the state of epidemics and the state of epidemic emergency, employers with a decrease in economic turnover or a significant increase in the burden on the salary fund as a result of COVID-19 were allowed to pay severance pay of up to ten times the minimum wage. From 1 July 2023, they will be obliged to pay these benefits on the same basis as other employers, i.e. up to fifteen times the minimum wage.

Fiction of delivery

The so-called "fiction of delivery" has been suspended during the state of epidemic emergency and the state of epidemic. Undeliverable letters sent by post subject to delivery against acknowledgement of receipt, which are due to be received during an epidemic emergency or a state of epidemics, cannot be deemed delivered while these states are in force and before the expiry of 14 days from the date of their abolition. This means that if an employer sent a notice of termination of employment to an employee by registered mail while either of these states is in force, the letter can only be considered delivered if the employee picked it up. If, on the other hand, the employee did not pick up the mail, the effect of delivery will occur at the earliest 14 days after the revocation of the epidemic state or epidemic threat. Due to the cancellation of the state of epidemic emergency on 1 July 2023, the so-called "fiction of delivery" will again apply.

Employment of foreigners

If the last day of validity of the work permit (statement on entrusting work to a foreigner) fell during the pandemic (or the state of epidemic emergency), their validity was extended by law until the expiry of the 30th day following the day of cancellation of the epidemic emergency / epidemic state. The lifting of the epidemic emergency means that employers should submit the relevant applications for work permits to legalise the work of foreigners by the end of July.

Foreigners staying in Poland, whose temporary residence permits and national visas expired during the pandemic (or the state of epidemic emergency), have their legal stay extended until the 30th day after the lifting of the epidemic emergency / epidemic state. The cancellation of the state of epidemic emergency, means that employees should apply for residence permits to legalise their stay in Poland by the end of July.

Possibility to perform remote work at the employer's instruction

Pursuant to the Labour Code, an employer may instruct an employee to perform remote work during a state of emergency, a state of epidemic emergency or a state of epidemic and for a period of 3 months after their revocation. Remote working then takes place on the basis of the employer's instruction, without the need to conclude agreements in this respect. The abolition of the state of epidemic emergency on 1 July 2023 means that the employer will only be able to exercise this entitlement until the end of September 2023.

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If you have any questions or concerns about any consequences of the lifting of the epidemic emergency state, please contact us.

UK government launches new consultation and responds to call for evidence on 'umbrellas'

Tue, 06 Jun 2023 16:54:24 +0100

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What might new 'umbrella' legislation look like?

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The Supreme Court reiterates the importance of agreeing in detail on the aspects relating to the probationary period in employment contracts

Wed, 31 May 2023 09:47:33 +0100

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The Supreme Court considers the termination of a contract for failure to pass the probationary period to be unfair dismissal, because the clause in the contract that regulated it did not specify its exact duration, but merely referred to the provisions of the Collective Bargaining Agreement

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Spain removes the obligation to submit sick leave reports to the company

Thu, 27 Apr 2023 12:37:49 +0100

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Changes aim to improve the social protection of employees and guarantee adequate health care and economic benefits in the event of illness or accident at work

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