European Employment Law Update

We recognise that for HR and legal, it can be hard to keep track of what law applies where. So, together with a faculty of employment law experts Falconbury have developed this uniquely authoritative programme providing a practical review of the latest developments in European employment law from key EU jurisdictions.

Although EU laws apply across all member states, sometimes there may be differences in interpretation or as a result of cultural differences. As businesses become increasingly international, many HR and legal professionals are expected to keep up with the latest developments in key jurisdictions where they have staffing responsibilities.

This concise one-day programme will focus on changes in EU law the differences in key European jurisdictions plus the challenges faced when restructuring across Europe. By the end of the day you will be up-to-date with all changes and current best practice enabling you to manage effectively and within the law in each country.

What are the main objectives of this seminar?

• Find out the latest hot topics in employment law across key European jurisdictions
• Examine the impact of recent decisions from the ECJ and relevant EU changes
• Learn about the different ways in which EU legislation is adopted in different jurisdictions
• Understand how the critical issues connected with restructuring are dealt with across Europe
• Discover how to avoid some of the pitfalls and challenges created by working across jurisdictions
• Get-to-grips with the tactical considerations in coordinating cross-jurisdictional restructuring

Who should attend?

• HR directors and managers
• In-house lawyers
• Legal and HR advisors
• Employers

Overview of EU developments

• Current and future labour and employment changes in the EU
• Recent significant decisions from the ECJ
• The Green Paper on labour law in Europe
• Other high profile changes affecting recruitment, pensions and mobility
• Amendments to the Posting of Workers Directive

Key developments in the UK

• TUPE – duty to consult
• Equality Act
• Associative discrimination
• Bonuses
• Recent cases

Key developments in Poland

• Countering mobbing in the workplace
• Employment discrimination
• Privacy in the workplace
• Employee participation/election to a works council
• Maternity leave/paternity leave
• Employment of temporary workers
• Non-competition covenants
• Atypical/flexible employment
• Recent cases

Key developments in Germany

• Invalid clauses in employment contracts
• The AGB rules
• Preclusive periods
• Legal upheavals in relation to the law of mass redundancies proceedings
• The Anti-discrimination Act
• The Act on part time work
• The Act on equal treatment

Key developments in France

• New rules concerning employee redeployment in the event of lay-offs
• Contracts of employment
• Discipline and dismissal
• Discrimination law
• Employment tribunal and court system
• Recent significant cases

Key developments in Italy

• Variation of employment rights
• Discrimination
• Dismissals
• Fixed term contracts of employment
• Resignations – new regulations
• Executive disciplinary dismissals
• Impact of recent judicial decisions
• Pensions law – latest changes

Key developments in The Netherlands

• New Pensions Act
• Changes to the working circumstances act
• Trade Union recognition
• Workplace health and safety
• Discrimination

The panel of lawyers from the UK, Germany, Poland, France, Italy and The Netherlands will focus on issues affecting restructuring in their own jurisdiction, including:

• The key issues on collective consultation
• Collective redundancy procedures
• Termination rules that affect restructuring
• Costs and timescales of restructuring
• National differences in transfer of undertaking scenarios
• The practical and tactical considerations in coordinating cross-jurisdictional restructuring
• How to avoid pitfalls in each jurisdiction or inadvertently prejudicing the position in one country through action in another

Programme Director

Patricia Leighton is the Jean Monnet Chair in European Law at the Law School of the University of Glamorgan where she teaches employment law, European law and education law. She is also head of the European Law Unit. Patricia’s research topics have included international contracts of employment, flexible working, and management of sub contractors and collective labour relations.

Expert Panel

Els de Wind is a partner in the Amsterdam office of Van Doorne N.V. She advises clients in the broad field of employment law, with a focus on reorganisations and M&A transactions (including transfer of businesses and outsourcing and offshoring), industrial relations and employee representation, as well as European and international employment law. She advises executives, mostly in dispute and dismissal situations. She has major experience in working in multidisciplinary teams, including pension consultants, tax experts and other HR specialists, and working with her peers abroad on cross-border projects. Els is a frequent guest speaker on employment law issues, both in The Netherlands and abroad, where she speaks for the European Employment Lawyers Association (EELA), the International Bar Association (IBA) and the American Bar Association (ABA).

Christopher Jordan is a lawyer at CMS Hasche Sigle in Cologne, Germany. He advises German and foreign multinational companies on all areas of individual and collective employment law, in particular on questions of restructuring, outsourcing and personnel adjustment measures, negotiations with works councils and unions (company bargaining agreements) implementation of codes of conduct, employee data protection/international data transfer; internal workplace investigations; workshops and in-house seminars regarding employment law issues.

Szymon Kubiak is an attorney-at-law and has a PhD in labor law and is a senior lawyer in Wardynski & Partners where he is one of the key members of the Employment Law Practice. He obtained an LL.M in Employment/Labour Law from Harvard Law School. In 2002, Szymon started a professional career in Wasylkowski & Partners, an independent law firm then associated with Deloitte Poland, where he was responsible for establishing the labour law department. He was also assigned for one year to the departments of Deloitte & Touche Juridique et Fiscal in Paris and of Laga & Philippe in Brussels. Szymon advises on the restructuring of employment, including, transfers of employing undertakings or parts thereof, outsourcing and redundancies. Chambers & Partners Europe lists him among top Polish employment lawyers.

Annalisa Reale is a senior associate of the Employment Law Department in the Milan office of Chiomenti Studio Legale. She counsels national and international clients on employment law implications of mergers, acquisitions, corporate restructuring; management contracts of international companies/banks/ private equity funds. She also gives advice on employment contracts, individual and collective dismissals procedures, negotiations with trade unions. Annalisa is author of several publications in the field of labor and employment law, civil law, and social security in major Italian legal reviews and is editor of Enciclopedia Giuridica Treccani.

Emmanuelle Ries is the Head of the Employment Team and of the French Desk at Miller Rosenfalck. She specialises in all aspects of contentious and non-contentious employment law advice to employers and employees including contract and policy drafting, drafting and enforcing post termination restrictions, cross-border dispute resolution, fighting discrimination and unfair dismissal claims in employment tribunals, executive severance arrangements, planning and implementation of largescale restructuring and/or redundancy programmes and employees’ issues on the sale of businesses (TUPE).

Pulina Whitaker is a UK qualified lawyer in King & Spalding’s London office. She is a partner and Head of the London Employment and Benefits Practice. Pulina’s practice focuses on transactional employment law in sales and acquisitions, commercial outsourcings and corporate reorganisations, specifically negotiating warranty and indemnity provisions and disclosures in the transactional documentation and advising on reorganisations and information and consultation obligations in the UK and across other European jurisdictions; and other significant employment law issues.

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• Aon Hewitt (PNG) Ltd
• Apple Computer Europe
• Attorneys at Law Borenius & Kemppinnen Ltd
• Baker Hughes Ltd
• Brand-Rex Ltd
• Bunzl Retail Supplies Ltd
• Chandler KBS
• CSG International Ltd
• European Central Bank
• Finland Post Corporation
• G-Star Raw CV
• GMAC UK plc
• Holiday Cottages Group
• Invensys Control Systems
• Merck Serono SA
• Monsoon Accessorize
• MTV Networks Europe
• Norges Bank/Central Bank of Norway
• Office2Office Plc
• PA News Ltd
• Perkin Elmer Ltd
• Romtelecom SA
• Scott-Telfer
• South West Trains Ltd
• Stiefel Laboratories
• TDK Electronics UK
• Vanco UK Ltd
• Waggener Edstrom
• Websense
• Wintershall Noordzee