By Jeffrey Percival and Kate Bresner, Pallett Valo LLP
The US concept of “at-will employment”, which allows for termination of employment for any reason without notice (so long as it is not for an illegal purpose), does not exist in Canada. In Canada, reasonable notice of termination is an implied term in all employment agreements. In order to terminate an employment relationship without cause, an employer must provide appropriate notice or pay in lieu.
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By Karina Reizner and Florina Mattick, Hategan Attorneys
According to the latest statistics, 10% of employed persons in Europe now work remotely, with the Netherlands leading the trend at 13.7%. Worldwide, it is expected that remote work will at least equal, if not exceed, fixed-offce locations by 2025.
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By Jeffrey L. R. Kenens, TeekensKarstens advocaten notarissen
In 2015, Dutch employment law changed tremendously. Now, the Dutch government has decided to make even more amendments as from 01 January 2020. The main purpose of these new changes in legislation is to persuade employers to offer employees permanent employment contracts.
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By Dr Angelika Baumhof and Cathrin Kirchbach, Jakoby Dr Baumhof
Every European citizen and citizens of EFTA states on a business trip abroad in the European Union, Switzerland, Norway, Iceland, and Luxembourg need a portable document A1 to prove their social security status. This applies even a) in the case of short-term business trips, as well as b) for self-employed persons (e.g. tax consultants, auditors, lawyers) and managers (CEOs).
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By Marty Rabinovitch, Devry Smith Frank LLP
Dawe vs The Equitable Life Insurance Company of Canada (2019, Court of Appeal for Ontario). If a Canadian employee is terminated from their employment without a valid legal reason, or without cause, unless there is an enforceable termination clause in their employment contract which states otherwise, the employee is entitled to reasonable notice at common law. Canadian courts have consistently held that, although there is no offcial cap, the reasonable notice period should not exceed 24 months, unless there are exceptional circumstances.
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By Patricia W. Goodson, D. Beth Langley and Jessica Thaller-Moran, Brooks, Pierce, McLendon, Humphrey & Leonard LLP
On 24 September 2019, the United States Department of Labor (DOL) released its final Overtime Rule, which increases the minimum weekly salary threshold for white-collar positions exempt from overtime. According to the Final Rule, the new minimum weekly salary for white-collar exempt positions will increase from USD 455 to USD 684 (or USD 35,568 annually).
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By Kate Bresner, Pallett Valo LLP
Major changes to the Canada Labour Code (“CLC”), legislation affecting federally regulated employers, came into force on 01 September 2019. Federally regulated employers primarily include those conducting business in banking, federal Crown corporations, many First Nations activities, and those operating in industries that cross provincial and/or national borders (such as railways; road, marine, and air transport; telephone and cable systems; and radio and television broadcasting). Further reforms are expected to continue to be implemented gradually throughout the rest of the year and 2020.
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By Ekaterina Kabanova, KBK Accounting
The appeal court of the city of Nizhny Novgorod made an interesting pronouncement, in June 2019, accepting that it is possible to notify an employee about an upcoming dismissal due to staff reduction via email. This court decision appears to be quite uncommon; the current judgement insists on execution of all staff-related documentation on paper and only reluctantly gives weight to materials in other forms and without the “real” signature on it.
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By Harmajinder Hayre, Ward Hadaway
The date for Brexit is now 31 October 2019; although uncertainty still prevails, the UK’s new Prime Minister is pushing for a no-deal Brexit. Measures are in place to ease the transition for UK-based employers relying on EEA workers on a temporary or permanent basis, in addition to revised rules which will come into effect in the future for non-EEA workers.
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By Ahmed Bulbulia, Pallett Valo LLP
On 17 June 2019, a new trademark regime came into force in Canada. Transformational changes to Canada’s trademark laws have been adopted to align Canada with international standards and obligations. This new regime contains a number of fundamental changes that brand owners and their legal advisors should be aware of. Some of the key changes are summarised below:
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