Episode 1: Italy
In this series, Barry Stanton, Managing Partner is talking to his European colleagues, with whom he has worked on numerous projects, about five things we should know about employment law in their country.
This episode, we have guest speaker Emanuele Licciardi from Morri Rossetti in Milan. Together, they shed light on the complexities of workplace investigations and performance management within Italy’s legal framework. They provide a comprehensive exploration of non-compete agreements, business transfers, and the response to business delocalization, making it an essential listen for employers and legal professionals alike.
Whether you’re an employer in Italy or simply curious about international employment law, this episode delivers essential knowledge and expert advice.
Episode 2: Germany
In this episode, Barry will be speaking to Daniela Hangarter-Sperling and Julian Leicht from Hangarter Legal, about German employment law. One of the main topics is that of “wet ink” signatures. In an era where digital reigns supreme, learn why Germany clings to this traditional requirement and how it could impact international employers financially. Daniela and Julian clarify the realities of statutory severance entitlements and reveal why many disputes end up in court to avoid the risk of employee reinstatement after protracted litigation and the employee receives a severance which is negotiated between the parties.
Don’t miss this chance to enhance your knowledge with expert advice into German employment law.
Episode 3: France
In this episode, Barry is speaking to Harold Berrier from Ydès. French employment law involves numerous layers of regulations. Key highlights include:
- Regulatory Hierarchy: From Labour Code to employment contracts, understand the rules shaping workplace compliance.
- Working Time: Explore the 35-hour week, overtime obligations, and flexible time arrangements.
- Termination Risks: Insights into resignations, dismissals, and complex termination scenarios.
- Service Provider Reclassification: Manage risks of misclassifying contractors as employees.
- Employer of Record (EOR): Navigate the rules and risks of EOR arrangements.
Stay ahead of legal risks and tune in to this episode for insights on French employment law.
Episode 4: UK
In this episode, Barry is speaking to his colleague Claire Taylor-Evans on employment law in the UK. The episode begins by highlighting that employment relationships can exist without written contracts, as verbal and implied agreements hold legal weight. The discussion covers the value of well-structured contracts, including protective clauses like restrictive covenants and extended notice periods.
The episode also addresses unfair dismissal rights, stressing the need for employers to follow proper processes when terminating employment. Changes to redundancy procedures are explored, including increased protections for employees on maternity and parental leave. Finally, the growing shift towards flexible working rights from day one is discussed, requiring businesses to adapt policies to meet employee expectations and legal requirements.
Episode 5: Netherlands
Barry is joined by Matthijs Roest Crollius, Partner at Doorn & Keizer, an expert in Dutch employment law. Their discussion covers the process and legal requirements for termination and redundancy in the Netherlands, including the role of the UWV and the challenges of performance-based dismissals. Matthijs explains notice periods, severance rules, and the necessity of structured Performance Improvement Plans.
The episode also explores employer obligations regarding sick employees, restrictions on termination during illness, and the risks of non-compliance. Additionally, the conversation delves into non-compete clauses, their enforceability, and potential legislative changes. Finally, they examine on-call and zero-hours contracts, outlining employer responsibilities and employee rights.
Episode 6: Spain
In this final episode, Barry is discussing Spanish employment law with guest Juan Carlos Lombardí from Bartolome & Briones. Together, they unpack key legal issues affecting employers in Spain, providing invaluable insights for business owners and HR professionals alike.
Some of the topics discussed include:
- Overtime Claims: A landmark Catalonian court case, where compensation was awarded for 1,250 overtime hours due to inadequate time registration systems, serves as a wake-up call for employers across the country. Learn how courts are shifting the burden of proof entirely onto businesses.
- Equality Plans: Companies with 50+ employees face complex obligations to develop equality plans, conduct salary audits, and address gender disparities all while navigating potential legal risks.
- Employer of Record Risks: Understand why this popular model for establishing a business presence in Spain could be deemed illegal employee leasing, carrying hefty penalties and liabilities.
From compliance pitfalls to significant financial exposure, these challenges are critical for companies of all sizes. Don’t miss this episode, full of practical advice to help you protect your organisation and avoid costly mistakes in the ever-evolving landscape of Spanish labour regulations.
Speakers
Barry Stanton
Barry took on the role of Managing Partner in September 2023 prior to a formal appointment in June 2024. After joining Boyes Turner in 2001, Barry led the Employment Team from 2009 to 2023, helping establish a dedicated business immigration service.
Emanuele Licciardi
Daniela Hangarter-Sperling
Julian Leicht
Harold Berrier
Juan Carlos Lombardía
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