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International Labor Laws Fixed-Term Labor Contracts Employer Liability Issues

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

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

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

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

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

British Columbia, Canada: Court of Appeal Sets Aside Aggravated Damages Award in Wrongful Dismissal

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In Quach v. Mitrux Services Ltd., 2020 BCCA 25 (Quach), the British Columbia Court of Appeal overturned the trial court’s decision to award aggravated damages to an individual whose job was terminated before his employment...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

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

Montenegro’s Widespread Labor Law Changes Go Into Effect

The new labor law of Montenegro went into effect on January 7, 2020 and has made a number of significant changes including: Employers with more than 10 employees are required to set policies on the organization and...more

Jones Day

Key German Labor and Employment Law Developments of 2019 and What’s to Come in 2020

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As the new year begins, it is a good time to look at key developments in German labor and employment law in 2019 and look ahead in 2020. With respect to 2019, corporate legal and human resources departments should be aware of...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

Employers in the Netherlands Can Save on their UI Premiums by Changing Contract Types

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Starting January 1, 2020, the new Dutch Balanced Labor Market Act (Wet arbeidsmarkt in balans, WAB) will enter into force.  This new law seeks to encourage employers to offer their employees indefinite-term contracts—which...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – 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

Jones Day

Dutch Employment Law Changes in 2020

Jones Day on

The Situation: On May 28, 2019 the Dutch Senate adopted new legislation to bring the labor market into balance effective 1 January 2020. The new legislation aims to reduce the gap in legal protection and monetary differences...more

Jones Day

When Fixed-Term Employment in Germany is Actually Indefinite: Understanding Recent Labor Court Decisions

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The Situation: The German Federal Labor Court had to decide on the question whether a seemingly fixed-term employment is actually an indefinite employment. Prior to the latest hire, the same employee was already employed for...more

Littler

Littler Global Guide - European Union - Q2 2018

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German Church's Religious Occupational Requirement Subject to Judicial Scrutiny - Precedential Decision by Judiciary or Regulatory Agency - On April 17, 2018, the European Court of Justice (CJEU) held that German laws...more

Orrick - Employment Law and Litigation

Germany’s Federal Constitutional Court Revises Case Law on Fixed-Term Contracts

Germany’s Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) has overturned the controversial case law of the Federal Labour Court (Bundesarbeitsgericht – BAG) on fixed-term contracts. ...more

Orrick - Employment Law and Litigation

Germany’s 2018 Coalition Deal – Significant Changes for Employers on the Horizon

After months of exhausting, on-off negotiations with changing negotiation partners at the table, on February 7, 2018, Angela Merkel’s center-right Christian Democratic Union (CDU/CSU) and the center-left Social Democratic...more

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