25
Wed, Dec
91 New Articles

On September 22, 2023, the amendment to the Polish Code of Civil Procedure entered into force that significantly reinforces the protection of employees who benefit from special protections against dissolution of employment. As a result, an employer can no longer dismiss a specially protected employee until a final judgment is passed, which can, due to lengthy court proceedings, take several years.

Under Hungarian private law, legal relationships aimed at performing various tasks on the basis of instructions are generally based on either employment contracts regulated by Act I of 2012 of the Labor Code (Labor Code) or services agreements governed by Act V of 2013 of the Civil Code.

For more than half a year, Slovenia has been intensively preparing amendments to the Employment Relationship Act (ZDR-1), which is usually called the “little workers’ constitution.” Like any other exemplary EU country, we transpose and implement all EU regulations and directives into our legal order in as timely and effective manner as possible. Unfortunately, this often does not solve the most acute problems of the labor market and the adopted legal solutions do not always help the economy to achieve higher productivity.

In light of the constantly and rapidly changing world climate, there was a need for changes to provisions in labor law that have not been updated for years, namely on minimum wages and payment of salary.

The statutory right to vacation originally arose from the employer’s duty of care for its employees. The Austrian Vacation Act of 1976 is a manifestation of this duty of care. It provides for five – with some seniority six – weeks of vacation for each working year. The law also expressly states that vacation should be used up, if possible, by the end of the year in which it was accrued. However, the employer and employee must agree on the specific leave days. In general, this means that neither the employee can take off for vacation unilaterally, nor can the employer impose it. Therefore, if there is no agreement on the actual use of vacation, this leads to an accumulation of vacation days.

The end of 2022 has brought numerous and substantial updates to employment legislation in various areas, such as adjustments to the minimum content of the internal regulations and to the mandatory template for the employment contract, as well as a whole new piece of legislation regulating social dialogue: Law no. 367/2022 to replace the former Law no. 62/2011.

In today’s fast-evolving world, countries are continuously revising their labor laws to achieve the right balance between the needs of the workforce and the demands of the corporate sector. The Republic of Lithuania stands out in this regard, as its Labor Code seeks to provide flexibility in labor relations, all the while ensuring the rights of its employees are not undermined. A close examination of the Labor Code, local documentation practices, and the progressive legal shifts toward Western norms paints a comprehensive picture of the nation’s approach to employment dynamics.

The Slovak Republic’s amendment to the Whistleblowers Protection Act widens the scope of protection, shortens deadlines, and increases fines for non-compliance. Most provisions took effect on July 1, 2023, with some coming in on September 1, 2023.

Terminating an employee is a critical juncture for employers, fraught with potential risks and complications. Such a move can disrupt workflow and productivity, casting a shadow on workplace morale and organizational stability. Additionally, it opens the door to legal disputes, with terminations often seen as unfair or discriminatory, resulting in costly litigation.

In the Serbian market, contractual penalties are often included in employment contracts since this is concrete and efficient protection for the employer in case of a breach of certain contractual obligations by employees. On a general note, a contractual penalty is a fixed monetary receivable that can be claimed in case of a breach of contractual obligations by one party, without having to prove the actual amount in damages. However, in the area of labor law, there is still uncertainty when it comes to the validity of such clauses and their enforceability in case of disputes.

Considering the ongoing martial law in Ukraine and frequent air strikes in various parts of the country, more and more employers are becoming concerned about whether they should adopt measures to protect their personnel or provide shelter, and what the liability if these obligations are not fulfilled would be.

The need for management contracts arises when an employer needs to arrange for a relationship beyond that of one with a simple employee – one with an individual performing managerial or supervisory tasks. Therefore, the relevant labor laws (in the Federation of Bosnia & Herzegovina, Republika Srpska, and Brcko District of Bosnia & Herzegovina) introduce management contracts that offer an alternative for the employer to conclude an agreement with a manager without establishing actual employment. The aim is for a more flexible arrangement of said business relationship or established employment which is absolutely subject to the provisions of the relevant labor laws.

In recent times, the global economic landscape has raised concerns about the potential onset of a recession. Consequently, businesses operating in North Macedonia are proactively seeking strategies for cost reduction and organizational restructuring.

Page 2 of 2