Ius Laboris Publications

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Le guide, che sono frutto dell’esperienza degli studi membri di Ius Laboris - la più grande Alleanza internazionale di studi legali specializzati in diritto del lavoro, con oltre 1.400 professionisti e una presenza in 53 Paesi e più di 165 città nel mondo, offrono un quadro chiaro di temi giuslavoristici, illustrando le informazioni per ogni Paese in un formato semplice e facilmente comprensibile di domanda e risposta.  

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Ius Laboris Publications

  • Non-compete convenants

    Introduction

    This guide addresses non-compete covenants in 36 counties. Its purpose is to provide employers with a comprehensive overview of each national system in its global context and to facilitate the protection of legitimate interests without imposing overly-broad restrictions.

    Protecting Your Business

    Non-compete covenants are amongst the most sophisticated contractual instruments in employment law today. This is even truer in a global work environment, where employees choose their workplace in an increasingly international context and employers have an interest in discouraging former employees from engaging in competition or soliciting customers. But they need to do so in a way that avoids infringing employees’ fundamental right to professional freedom.

    Recent Legal Changes

    This edition is updated with the most recent legal changes and outlines each country's rules on non-compete covenants. These include the formal conditions that must be met to ensure the validity of a non-compete covenant â including whether it needs to be in written form and how it can be renewed or refreshed, for example, if the employee is promoted to a different position. The guide also covers principles regarding compensation, both for the restriction itself and for breach. In addition, we look at the possible scope of non-compete clauses in different countries, in terms of time, function and geography. We also give guidance on local and international enforceability.

    Covered Countries:

    • North America: Mexico - United States
    • Central & South America: Argentina - Brazil - Chile - Peru
    • Western Europe: Austria - Belgium - Denmark - Finland - France - Germany - Greece - Ireland - Italy - Luxembourg - Netherlands - Norway - Portugal - Spain - Sweden - Switzerland - United Kingdom
    • Eastern Europe: Czech Republic - Hungary - Lithuania - Poland - Romania - Russia - Slovakia - Turkey - Ukraine
    • Middle East & Asia Pacific: China - India - New Zealand - United Arab Emirates
  • Economic and Organizational Dismissals

    Introduction

    This Ius Laboris publication explains the processes behind economic and organisational dismissals. We address the fact that economic and organisational dismissals ultimately mean employees losing their livelihood without personal fault or responsibility and the implications of this, including levels of social protection in many jurisdictions.

    Dismissal Circumstances

    In this guide, dismissal for economic or organisational reasons is described as a reduction in force, redundancy or more euphemistically as downsizing, rightsizing, delayering or rationalising. The guide outlines the circumstances in which dismissals for economic or organisational reasons occur, the process to be followed, rules on selection and the costs of headcount reduction. Also, included in this guide are the rules on large-scale dismissals, when consultation is required to manage the legal risks and likely challenges that may arise.

    Individual Vs Collective Redundancies

    Your company might have a footprint in many jurisdictions, which is why it’s important to understand the legislation surrounding economic and organisational dismissals across all your operations. For example, in many countries, there is a significant distinction between the rules applied to individual redundancies and collective redundancies. In this guide, we cover both the requirements for individual redundancies and the rules for large-scale redundancies. We also address the challenges surrounding redundancies and discuss what the courts have the power to rule on.

    Restructuring Guidance

    As an employer committing to making economic and organisational dismissals, you might be faced with many questions which we attempt to answer with this guide. These questions may include, but are not limited to, advice on how many people should lose their job, how to identify those who will lose their job and how to handle possible categories of employees (e.g. workplace representatives or pregnant women) who might be protected against dismissal. We also discuss whether there should be an expectation that attempts should be made to find alternative work and if an employer should establish a social plan or other measures designed to reduce the impact of termination.

    Covered Countries:

    • North America: Mexico - United States
    • Central & South America: Argentina - Brazil - Colombia - Panama - Peru
    • Western Europe: Austria - Belgium - Cyprus - Denmark - Finland - France - Germany - Greece - Ireland - Italy - Luxembourg - Netherlands - Norway - Portugal - Spain - Sweden - Switzerland - United Kingdom
    • Eastern Europe: Czech Republic - Hungary - Latvia - Poland - Russia - Turkey - Ukraine
    • Middle East & Asia Pacific: China - India - Israel - Japan - South Korea
  • Individual Dismissals Across Europe

    Introduction

    This publication from Ius Laboris is created to support those with a workforce in Europe. The guide addresses essential principles of individual dismissals in 22 European countries. Its purpose is to provide human resource executives and consultants with a comprehensive overview of national systems, even if they have no prior knowledge.

    Introduction

    In order to set up operations and manage human resources internationally, employers need to understand the key aspects of different national legal systems. This publication explains the essential principles relating to individual dismissals in numerous European countries and sets out each country’s system for protection against dismissal, prior warnings, notice periods, the selection of employees to dismiss, collective requirements, administrative approvals and explains the legal impact of dismissals.

    Third Edition

    Our third print of the Individual Dismissals Across Europe Guide contains the most recent updates on legislative changes and developments in many countries across Europe.

    Covered Countries:

    • Western Europe: Austria - Belgium - Cyprus - Denmark - Finland - France - Germany - Greece - Ireland - Italy- Luxembourg - Netherlands - Norway - Portugal - Spain - Sweden - Switzerland - United Kingdom
    • Eastern Europe: Czech Republic - Poland - Russia - Turkey
  • Internal Investigations

    INTERNAL INVESTIGATIONS

    Internal investigations are a fascinating area of labour and employment law. Unlike other routine areas of our daily practice, investigations often feel like a detective novel.  They also usually involve intense time pressures and have the attention of the senior management at the employer.  For these reasons, employers and their legal advisers need to have up-to-date legal knowledge on best practice in relation to investigations.

    The traditional subjects for internal investigations have often been fraud or theft against the employer.  However, more recently, data breaches and data theft have become the focus.  No matter what the topic is, the purpose of the investigation is to discover whether there is exposure for the employer and if so, to limit the damage, recuperate lost property if possible, and prepare (if need be) for the termination of an employee. Typical subjects for employment investigations in the United States are allegations of discrimination, retaliation and/or sexual harassment.  Some of the lesser known but equally important areas of investigation involve allegations of bribery or violations of health and safety or environmental protection rules.

    In all internal investigations, certain procedures must be observed. Often, those procedures derive from universal principles of fairness, notice and due process.  Other procedures, such as the required timing of investigations, or the need to involve trade unions or works councils, vary significantly across the countries.

    More recently, questions have arisen around employees’ expectations of privacy in the workplace in relation to the monitoring of emails, databases, personal devices, and social media. Professional service providers offer data searches and in some cases, may act upon instructions from a (potentially non-EU) parent company.  A related issue is the monitoring of employee data and employee behaviour by camera surveillance (open or covert) or GPS tracking. The rules that govern the employer’s ability to conduct technical searches are fairly similar across the countries we have considered.  In some cases, they are based on specific legislation (such as in Italy). In other cases, the rules are based on broad constitutional principles and the legal literature.

    This publication provides a general overview of the legal principles that employers must follow when conducting internal investigations in different countries around the world. We have asked all the countries the same questions so as to enable the reader to use it to read across from one country to another.  As always in labour and employment law, the best legal and tactical approach will ultimately depend on the facts of the particular case, but we hope this guide will provide the reader with a helpful starting point.

  • Low Performance Management

    Managers in multinational companies often find it difficult to manage underperformance in their teams. Finding it difficult to address negative issues face to face means they either avoid having the discussions in the first place, or they end up covering them with so many positive messages that the employee ends up feeling that he or she has had a good appraisal. Unsurprisingly, these approaches almost always create difficulties in the long term because it is difficult to prove the underperformance was ever addressed. 

    This publication provides guidance on the legal aspects of managing underperformance in different countries. Increasing awareness of the potential legal pitfalls will provide your managers greater confidence to manage performance in their team.

  • Immigration Guide

    Introduction

    At Ius Laboris, we recognise that increasing numbers of organisations have global operations. These international businesses create a growing need for staff to travel for business meetings, take on longer term work assignments abroad or relocate to foreign jurisdictions. Our immigration guide has been created to assist you in managing a global workforce and help with the planning of international assignments, transfers and secondments.

    Global Immigration

    A socio-economic need has arisen for overseas labour as foreign investment grows. As a result, businesses look beyond their borders to source necessary skills and knowledge. This shift in employment means that organisations need to have sound immigration strategies, especially since border control remains high on the agenda of many governments. Our guide addresses visas, work permits (including the application procedure and necessary documents) and lawful stay for dependents. With the Ius Laboris immigration guide, you can stay abreast of the issues that directly influence your workforce immigration policies.

    Ensuring Compliance

    The consequences of non-compliance with immigration control are becoming more severe, and it’s imperative your business implements good forward planning to operate efficiently and avoid sanctions for non-compliance . Our immigration guide provides a country by country breakdown of all content so you can find the information most relevant to your business operations. It introduces each jurisdiction with a historical timeline, to help you better understand the shifts in immigration law applicable to your country of operations.

    Covered Countries:

    • North America: Canada - Mexico - United States
    • Central & South America: Argentina - Brazil - Colombia - Panama - Peru - Venezuela
    • Western Europe: Austria - Belgium - Cyprus - Denmark - Finland - France - Germany - Greece - Ireland - Italy - Luxembourg - Netherlands - Norway - Portugal - Spain - Sweden - Switzerland - United Kingdom
    • Eastern Europe: Czech Republic - Estonia - Hungary - Latvia - Poland - Russia - Slovakia - Turkey - Ukraine
    • Middle East & Asia Pacific: China - India - Israel - New Zealand - Singapore - United Arab Emirates
  • Managing a Serious Work Accident

    Publication Date: 

    Countries: Argentina, Belgium, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Netherlands, Peru, Spain, Sweden, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States 

    Regulatory frameworks surrounding workplace accidents can vary dramatically from jurisdiction to jurisdiction, key questions such as: what penalties exist under civil and/or criminal law? and, what powers do inspectors have? are important for multinational employers to consider. This publication explores the risks to employers and others arising from a serious accident, as well as the immediate and mandatory steps an employer should take post-accident across 18 jurisdictions.

  • European Labour Reforms 2015 at a glance: towards greater flexibility and longer working

    Publication Date: 

    Countries: Austria, Belgium, Cyprus, Czech Republic, EU, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Switzerland, United Kingdom 

    Many European countries introduced reforms intended to make labour markets more flexible and to encourage longer working. This publication offers an overview of these labour reforms across 17 European countries.