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Cyberbullying and Remote Working – What Employers Need to Know
Shoosmiths LLP, September 2020

Sadly, bullying and harassment in the workplace is nothing new. Indeed, a 2020 study found that 15% of people surveyed had been a victim of workplace bullying. Conversely, cyberbullying in the workplace is a relatively new phenomenon but it’s on the rise. What exactly is cyberbullying? Simply put, cyberbullying is any bullying, harassment or victimisation that involves a computer, phone or tablet...

Following the European Court of Justice Judgement Regarding the Privacy Shield - Data Protection Authority Publishes Recommended Actions for Practice
Heuking Kühn Lüer Wojtek, September 2020

In July 2020, the European Court of Justice (C-311/18, "Schrems II") declared the EU-US Privacy Shield as invalid as the legal basis for the transfer of personal data to the USA and increased the requirements on the EU standard contractual clauses...

New Measures to Prevent and Combat Money Laundering and Terrorist Financing
PLMJ, September 2020

Law 58/2020 came into force on 1 September 2020 and it implements into Portuguese law: Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for money laundering or terrorist financing, commonly known as the 5th Anti-Money Laundering Directive; and Directive (EU) 2018/1673 of the European Parliament and the Council of 23 October 2018 on combating money laundering by criminal l

Coronavirus Digest No. 2: Patents and Other Intellectual Property Rights
PLMJ, August 2020

The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces toprepare a Digest on these issues that is continuously updated...

The Term Company in the Context of Collective Redundancies
Heuking Kühn Lüer Wojtek, August 2020

BAG dated February 13, 2020 - 6 AZR 146/19 ("Air Berlin") In the context of collective redundancies, the term "company" is a legal term under European Union (EU) law and, with regard to the responsible employment agency, it focus particularly on the local effects of the intended dismissals. In the EU legal system, the term "company" is to be interpreted autonomously, uniformly and detached from the national understanding of the term...

No Obligation for the Employer to use the German Language
Heuking Kühn Lüer Wojtek, August 2020

Regional Court of Nuremberg, decision of June 18, 2020 - 1 TaBV 33/19 The Regional Labor Court (Landesarbeitsgericht - LAG) of Nuremberg had to rule on a motion by a works council, in which the latter demanded that the discussions held with it be conducted only in German. At the same time, it demanded that all communication between the branch management and the employees be conducted in German. The Regional Court rejected both motions of the works council...

Walking the Fine Line – Processing Employees Data During COVID-19 Pandemic
Karanovic & Partners, August 2020

This Article was originally published in Issue 7.5 of the CEE Legal Matters Magazine.  Companies around the globe are having to make urgent decisions to keep their employees safe and ensure business continuity in the midst of the COVID-19 outbreak. In order to fulfil these goals, companies need to find the right balance between providing a safe working environment and respecting their employees’ privacy, which can prove to be quite difficult in practice...

Coronavirus: Payment of Rents and Other Remunerations – Deferral and New Rules
PLMJ, August 2020

COVID-19 and the measures to mitigate the disease have had an enormous impact on people’s lives and on many sectors of the economy. In response, with regard to lease agreements and other forms of commercial use of real estate premises, the Portuguese legislature decided to introduce exceptional rules for situations of late payment of rent and other payments under said agreements...

The New White Paper - EU Combats Distortions of Competition by Third States
Heuking Kühn Lüer Wojtek, August 2020

In June, the European Commission has published the "White Paper on levelling the playing field as regards foreign subsidies". For the first time that the European Commission has brought together State aid and investment control as well as trade defence instruments. Companies coming from third countries can expect costly and lengthy examination procedures in M&A transactions, but also new hurdles for other activities in the internal market...

Entitlement of the Employee to Postpone the Already Approved Holiday in Corona Times
Heuking Kühn Lüer Wojtek, August 2020

The summer holidays have already begun in most of the federal states or are about to begin. Due to the Corona pandemic, most holiday plans could not be realized during the Easter holidays. Although the travel warnings for most countries in the EU were lifted in time for the summer holidays, it is still not possible to enjoy "normal" holidays this year...

New Hires Despite Short-Time Work?
Heuking Kühn Lüer Wojtek, August 2020

Due to the Corona pandemic and the associated economic effects, numerous companies were forced to announce short-time work over the past few months. This raises the question for employers to what extent it is still possible to hire during short-time work and what effects this has on short-time working compensation. NEW HIRES DURING SHORT-TIME WORK First of all, a distinction must be made between new hires before and after the introduction of short-time work...

Support for Computer Games through de minimis Aid
Heuking Kühn Lüer Wojtek, August 2020

The Federal Ministry of Transport and Digital Infrastructure (BMVI) is providing EUR 50 million annually until 2023 to promote computer games in order to strengthen Germany as a location for developers. In the first phase,de minimis funding will be provided with grants of up to EUR 200,000. In a second phase larger-scale funding will also be possible...

Returning from Home Office - What Employers Have to Consider
Heuking Kühn Lüer Wojtek, August 2020

When the corona pandemic broke out, many employers allowed their employees to work in home office or even forced them to do so. In the meantime, many uncertainties have been clarified and the desire for normality is increasing among both employers and employees. Therefore, in the following, we will describe what employers must take into account when employees return from home office. 1...

New Rules on Temporary Unemployment from 1 September 2020: Start Preparing Now
ALTIUS/Tiberghien, August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force. Companies and sectors that are substantially affected by the COVID-19 crisis can continue to apply the current and simplified COVID-19 force majeure temporary unemployment regime until 31 December 2020. The list of in-scope sectors has yet to be determined by the minister of work...

Coronavirus Digest No. 3: Patents and Other Intellectual Property Rights
PLMJ, August 2020

The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces to prepare a Digest on these issues that is continuously updated...

EU Recovery Prospectus – Planned Facilitation of the Equity Issuance Through an Abridged Securities Prospectus
Heuking Kühn Lüer Wojtek, August 2020

In order to tackle the effects of the Corona crisis, it is planned at EU level to temporarily facilitate the raising of equity capital for companies. This will enable certain issuers to publish a shortened prospectus with only 30 pages instead of a full prospectus to issue shares. Through this, issuers will have the option to issue shares at short notice, without bureaucracy and inexpensively, thereby improving the debt-to-equity ratio in their balance sheets...

COVID-19 and its Impact on Women at Work
Shoosmiths LLP, August 2020

  COVID-19 has undoubtedly had a significant impact on workplaces across the UK. However, what is becoming increasingly clear is the impact which it has had and continues to have on women in work. We consider the statistics and how employers should respond. What do the statistics show? 1. Sectors During lockdown, women were more likely to work in the sectors that had to completely shut-down such as hospitality (23% of women vs 16% men in these industries)...

The Green Recovery – Coronavirus, Climate Change and the Dangers of Complacency
Shepherd and Wedderburn LLP, August 2020

Article previously published in insider.co.uk Why are we not treating climate change like the pandemic? The COVID-19 pandemic has received 24/7 media coverage across the globe, and with good reason. Coronavirus has had a catastrophic impact, claiming the lives of hundreds of thousands of people, devastating our economies and materially changing the lives of millions as we try to adapt to the profound societal changes it has inflicted...

Solution to the Cookie Chaos? - Planned Overhaul of Data Protection Regulations in the Telemedia and Telekommunikations Sector
Heuking Kühn Lüer Wojtek, August 2020

In July, the German Federal Ministry for Economic Affairs and Energy (BMWi) compiled a draft law on data protection and the protection of privacy in the context of electronic communication and telemedia (the “Telecommunications and Telemedia Data Protection Act” [Telekommunikations-Telemedien-Datenschutz-Gesetz],“TTDSG”) – which has not yet been officially published...

Coronavirus: Recent Tax Measures to Support Micro, Small and Medium-Sized Enterprises
PLMJ, August 2020

A major economic crisis has been caused by the pandemic associated with the new SARS-CoV-2 Coronavirus and the COVID-19 disease. In this context, Law 29/2020 was published on 31 July to establish new tax measures to support cooperatives, micro, small and medium-sized enterprises. The aim of these measures it to mitigate the impacts of the pandemic on these businesses...

Social and Economic Emergency Plan for the Algarve
PLMJ, August 2020

The Algarve has been seriously affected by the social and economic impacts of the COVID-19 pandemic. In this context, on 29 July 2020, the Portuguese Parliament published Resolution no. 51/2020 in which it recommend the adoption of a social and economic emergency plan for the Algarve (“Plano de emergência social e económico para o Algarve”) by the Portuguese Government. The recommended measures set out in Resolution no...

Redundancy and Liquidation Severances in Russia: New Rules
ALRUD Law Firm, August 2020

On 13th August, Federal Law dated 13.07.2020, No. 210-FZ specifying the procedure and establishing new rules of severance payments, in case of dismissal due to liquidation of the organization, or redundancy, comes into force.In case of the dismissal due to the organization’s liquidation, all payments shall be made to employees prior to its completion...

New Rules on Temporary Unemployment as of 1 September 2020: Start Making Preparations Now
ALTIUS/Tiberghien, August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force.  Companies and sectors that are substantially impacted by the Covid-19 crisis can continue to apply the current and simplified ‘Covid-19 force majeure’ temporary unemployment regime until 31 December 2020. The list of in-scope sectors is yet to be determined by the Minister of Work...

Angola New Rules for Exchange Operations
PLMJ, August 2020

Banco Nacional de Angola (“BNA”) continues to be very active in producing foreign exchange legislation. It recently revised the rules on foreign exchange operations of current invisibles, goods and capital, carried out by resident and non-resident individuals, through Notice 17/20 of 3 August (the“Notice”). The main change made by this notice concerns non-resident foreign workers (“expatriates”)...

No Entitlement to Continued Remuneration in Quarantine After Holiday in a Risk Area
Heuking Kühn Lüer Wojtek, August 2020

Summertime is holiday time. Although the worldwide travel warning issued by the Federal Foreign Office for some European countries was lifted on 15 June 2020, currently (as of 17 July 2020, 5:30 p.m.) 130 countries are still classified as risk areas. These include Turkey and the USA, which are popular destinations for German holidaymakers...



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