business building in Toronto, Ontario, Canada

Termination of Employment the Canadian Way

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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New Changes Within Dutch Employment Law

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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Portable Document A1: Mandatory for Europeans Doing Business in Europe

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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Toronto, Canada

The 24-Month Reasonable Notice “Cap” in Canada

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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new overtime rules

US Department of Labor Announces Final Rule on New Salary Levels for White-Collar Overtime Exemptions

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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Toronto. Financial district at the background.

Federal Labour and Employment Legislation

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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Nizhny Novgorod

Russian Regional Court Admits the Notice on Staff Reduction Sent Via Email

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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Brexit and the Movement of EEA and Non-EEA Workers

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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Skyline of Mississauga (Greater Toronto)

Canada’s New Trademark Regime

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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