News & Analysis as of

Fixed-Term Labor Contracts

Ius Laboris

‘Renewal Expectations’ for Korean Contract Workers

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A ‘fixed term’ employment contract may not be as fixed as you might expect. A ‘fixed-term worker’ (also commonly referred to as a ‘contract worker’) is an employee who has signed an employment contract with a fixed term....more

Littler

Cross-Border Legal Perspectives: Comparing the UK and Germany's Approaches to Unfair Dismissal

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Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every...more

Littler

2024 Summer Olympics Series: Spain

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The 2024 Summer Olympic Games began Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their...more

Littler

Ontario, Canada Appeal Court Affirms That Invalid Termination Clause Does Not Invalidate Fixed-Term Clause

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In Kopyl v. Losani Homes, 2024 ONCA 199, the Court of Appeal for Ontario (OCA) affirmed the lower court’s finding that an invalid without-cause termination clause in an employee’s employment agreement does not invalidate a...more

Hogan Lovells

Nouveautés en matière de résiliation judiciaire, de secteur géographique et sur le CDD

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Notre équipe sociale revient sur deux actualités jurisprudentielles de la Cour de cassation en matière de résiliation judiciaire, qui instaure le principe d’inversement de la charge de la preuve en matière de prévention et de...more

Hogan Lovells

News on constructive dismissal, geographical sector appreciation criteria and fixed-term contracts

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Our Employment team reviews two recent decisions of the French Supreme Court (Cour de cassation) concerning constructive dismissal and the burden of proof, which is reversed, in cases of work accident prevention and safety,...more

Littler

Ontario, Canada Court Finds Termination Clauses in Fixed-Term Employment Agreement Unenforceable

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In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more

Stikeman Elliott LLP

Ontario Court Rules Employer's Discretion to Terminate is Shackled by the ESA

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In Dufault v. The Corporation of the Township of Ignace ("Dufault"), the Ontario Superior Court of Justice, on a summary judgment motion, found the termination without cause provision of a fixed-term employment contract...more

Jackson Lewis P.C.

UAE Employees Must Be on Fixed-Term Contracts by End of 2023

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Employers with operations in the United Arab Emirates (UAE) must transition their current contracts with employees that are not already fixed-term to fixed-term contracts by December 31, 2023. Federal Decree Law No. 33 of...more

Seyfarth Shaw LLP

Labor’s changes to labour strategy

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Some of this is guesswork, and the extent of what’s coming is uncertain, but: What’s obvious is the Labor Government’s intent to drive permanent employment and use legislative levers to reduce the number of other categories...more

Stikeman Elliott LLP

Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

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The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances...more

Littler

Ontario, Canada Appeal Court Finds Independent Contractors Have Duty to Mitigate Damages When Fixed-Term Contract is Terminated...

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In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal (OCA) found that independent contractors have a duty to mitigate their damages upon the early termination of a fixed-term agreement...more

Seyfarth Shaw LLP

Is your business ready for a relentless and exhausting period of change?

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Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise....more

Littler

Dutch Court Finds Employer Discriminated by Not Renewing an Employment Contract Due to Pregnancy

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In the Netherlands, a pregnant employee was told that her fixed-term employment contract would not be renewed. A day after the notice, her manager informed her by WhatsApp that the reason was that she was absent a lot and she...more

A&O Shearman

Labour Decree: News for companies and employees in Italy

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Among the main innovations, we highlight: The provision redefines the grounds upon which a fixed-term employment contract of a duration exceeding 12 (and in any case not exceeding 24) months can be stipulated. It is, in fact,...more

Stikeman Elliott LLP

“Fixing” the Term of Employment: Fixed-Term Agreement defends against Wrongful Dismissal Claim

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In the recent Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245 decision (“Steele”), the Ontario Superior Court of Justice provided some insight into when longer term fixed-term contracts can be enforceable....more

Fisher Phillips

Australia Passes Comprehensive Workplace Reform: 12 Key Updates Employers Should Note

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Employers in Australia are facing the most comprehensive workplace relations reform in more than a decade and will need to ensure they update their policies and practices to account for key changes. Australia’s Fair Work Act...more

Littler

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

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In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more

Proskauer - California Employment Law

Court Rejects Netflix’s Challenge to Poaching Injunction

In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus...more

Mintz - Employment Viewpoints

California Court Deals Blow to Employee Mobility

California employers and executives might view fixed term employment agreements in a new light following a California appellate court’s unpublished decision suggesting employers do not violate California’s long-established...more

Littler

New Federal Labour Law Issued in the UAE: An overhaul to a decades-old regime

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In mid-November, the UAE Cabinet approved a new Labour Law, Federal Law Number 33 of 2021 (the New Labour Law) which will come into force on 2 February 2022 and repeals Law Number 8 of 1980 (the Old Law), replacing it...more

Littler

The coalition agreement is out – the guidelines for German labor law are set for the next four years

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On Wednesday, November 24, 2021, the newly formed coalition of the Liberals, Greens and the Social Democrats, which will lead Germany during the next four years, presented its coalition agreement. In negotiations lasting a...more

Orrick, Herrington & Sutcliffe LLP

Orrick's 101 Employment Law in Germany Legal Q&A | Fixed-term Contracts

German employment law provides for rather strong dismissal protection. This is the main reason why more and more employers are hiring employees on a fixed-term basis, since this will in most cases end employment legally...more

Littler

The Netherlands: Is your fixed-term contract sufficiently clear?

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In the Netherlands, the end of a fixed-term employment contract is usually linked to a calendar date. Another possibility is for its duration to be linked to a particular piece of work or a project, provided that it is...more

Littler

The Netherlands: No work, no pay – down to the last cent

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The District Court of Rotterdam recently reaffirmed that if employees are able to work but refuse to do so with a suitable excuse, an employer can stop paying their salary....more

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