employment

Is it possible to effectively limit the risk of criminal liability for work accidents?

An accident on the job generates a range of legal consequences. One of the most serious is the potential for the individual at the employer responsible for occupational health and safety to be held criminally liable.

Problems with a task-based working system

Hiring employees according to a task-based working system when there are no grounds for applying a system of that kind, and where the level of tasks required of an employee is not properly selected, could prove costly for an employer in the event of a dispute.

Employers must maintain a record of processing activities

Today (24 May 2018) is the last day for adjusting business operations to comply with the new requirements of the General Data Protection Regulation. The Article 29 Data Protection Working Party takes the view that under the GDPR, practically all employers must maintain a record of processing activities with respect to their employees’ data.

Obligation to rehire an employee terminated in a group layoff

Employers must deal with the consequences of group layoffs long after carrying them out. Their freedom to hire new workers in the future is limited, as they must first rehire staff terminated in the group layoff.

Protecting against disclosure of trade secrets by former employees

Once the Unfair Competition Act is amended, will a nondisclosure obligation have to be provided for explicitly in an employment contract when an employee leaves?

Whistleblowing and protection of confidential information

Protection of confidential information is not absolute and is subject to limitations, for instance where there is a public interest. Subject to certain conditions, a person who has a nondisclosure obligation may lawfully use the entrusted information despite the confidentiality obligation. At the moment there is no all-embracing regulation on this issue, but this may change soon.