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International Labor Laws Employment Contract Contract Terms

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

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

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For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Ius Laboris

Hong Kong: Think twice before filing an employment claim directly to the High Court

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Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more

Littler

Is the UK Government Getting Cold Feet on Capping Non-competes to 3 Months?

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On May 10, 2023, the UK government announced its intention to limit the duration of non-compete restrictions in employment contracts to three months. This was part of a package of measures announced to boost the productivity...more

Littler

Global Non-Compete Reform – At a Glance: December 2023

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The US is not the only country currently debating reform to the law on non-competes. Notably the UK Government has announced legislation which would limit the duration of non-competes to a period of 3 months after the...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

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

Stikeman Elliott LLP

An Oppressive Outcome: Alberta Court Finds Directors Responsible for Severance Obligations

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The recent decision of the Alberta Court of Queen’s Bench, Wisser v CEM International Management Consultants Ltd., 2022 ABQB 414, determined that the oppression remedy under the Alberta Business Corporations Act (“ABCA”),...more

Littler

Ontario, Canada Court Decides Employment Contract’s Unenforceable Confidentiality and Conflict-of-Interest Clauses Invalidated All...

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Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391,  the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable. ...more

Stikeman Elliott LLP

Gone in 60 Days (or More): Court of Appeal Finds Termination Clause did not Limit Employee Termination Entitlements

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The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more

Hogan Lovells

The Reform Of The German Nachweisgesetz And Its Consequences For Employment Contracts

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With effect from 1 August 2022, the German Act on Proof of the Essential Working Conditions (Nachweisgesetz – “Act on Proof”) will undergo the most comprehensive reform since it entered into force in 1995. The government...more

Hogan Lovells

Die Reform des Nachweisgesetzes und ihre Folgen für Gestaltung und Abschluss von Arbeitsverträgen

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Das Nachweisgesetz erfährt mit Wirkung zum 1. August 2022 die größte Reform seit seinem Inkrafttreten im Jahr 1995. Der nun vorgestellte Regierungsentwurf verschafft ein klares Bild über die geplanten Neuerungen und,...more

Littler

Are reservations in Dutch employment contracts a good idea?

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Employers in the Netherlands are sometimes keen to include a reservation when they form an employment contract. A reservation can be formulated as a condition precedent or a resolutive condition. Both types of conditions...more

Littler

Ontario, Canada Court Reminds Employers that Improperly Drafted Restrictive Covenants are Unenforceable

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In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario’s Superior Court denied an employer’s motion for an urgent injunction to restrain its former employee from competing with it contrary to the...more

Hogan Lovells

Employment News: non-compete clauses

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One size doesn’t fit all – non-compete unreasonable and void - In Quilter Private Client Advisers v Falconer the High Court found that a nine month non-compete covenant was in restraint of trade and void. The case is a...more

Littler

The Netherlands: Compensation due only in absence of contract extension notification

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On October 19, 2020, the Arnhem-Leeuwarden Court of Appeal ruled on whether an employer had met its duty of notification and whether it owed compensation in lieu of notifying the employee about his contract extension. Under...more

Jones Day

Spain Issues New Royal Decree Governing Remote Work Arrangements

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Spain's new law introduces relevant regulations for employers and employees. Some of its rules will take effect on October 13, 2020. While the pandemic has highlighted various advantages and disadvantages of remote work in...more

Littler

Ontario, Canada: Superior Court Determines Enforceability of Termination Clause

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The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Regulations Enhance Rights of Fixed-Term Employees in the Netherlands

Using fixed-term employment contracts has become more expensive for employers as a result of new regulations introduced in the Netherlands on January 1, 2020....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The UK’s ‘Good Work Plan’ Imposes New Rules on Written Statements

The United Kingdom’s Good Work Plan amended Section 1 of the Employment Rights Act 1996 (ERA) to impose a new obligation on employers to provide all employees and workers with a written statement setting out key terms and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Turkey’s Highest Court Rules That Penalty Clauses May Apply to Permanent Employment Contracts

Penalty clauses in fixed-term contracts are common in Turkey and apply if either party to such a contract ends the contract before the expiration of the fixed term. Turkey’s Supreme Court has held that penalty clauses...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Jones Day

Significant Changes to Dutch Employment Law Take Effect

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The Situation: Several changes to Dutch employment law took effect January 1, 2020, most notably those resulting from the Labor Market in Balance Act. The Result: Businesses in the Netherlands must be aware of and comply...more

Littler

Littler Global Guide - Netherlands - Q4 2019

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Employers Must End Dormant Employment - Precedential Decision by Judiciary or Regulatory Agency - On November 8, 2019, the Dutch Supreme Court issued a ruling on dormant employment relationships. The Supreme Court...more

Littler

Provisional Measure #905 – A New Mini Labor Reform in Brazil

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Provisional Measure # 905 (“PM”), published on November 12, 2019, establishes a new type of labor relationship in Brazil. The PM aims to reduce the alarmingly high unemployment rate affecting younger workers in the country,...more

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