Auteur

Marc André Gimmy

Associé

Munich

Auteur

Marc André Gimmy

Associé

Munich

28 novembre 2024

Work/Life – 21 de 129 Publications

Work/Life - international employment news update

Quick read

Issue 109

Welcome to the latest edition of our international employment news update.

In this edition we look at:

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Spanish Supreme Court mandates employee defence rights in disciplinary dismissals

This ruling by the Supreme Court mandates that employees must be given a chance to defend themselves before any disciplinary dismissal can occur. The judgment dated 13 November 2024 ensures that an employee cannot be dismissed due to conduct or performance issues without first having had a hearing to refute such accusations. This decision is grounded in Article 7 of Convention 158 of the International Labour Organization, which has been effective in Spain since 1986. The ruling arose from a case involving a teacher accused of harassment by several female students, whose initial dismissal was deemed unfair by the High Court of Justice of the Balearic Islands. The employer's appeal led to this landmark decision reinforcing that an employee’s right to defend themselves cannot be ignored prior to dismissal.

Whistleblowing process facilitating in France

A new system for collecting and processing reports to the French Anti-Corruption Agency ("Agence Française Anticorruption," commonly referred to as "AFA") has been implemented in France. The French Anti-Corruption Agency assists authorities and individuals in handling situations involving breaches of probity such as corruption, influence peddling, extortion (concussion), illegal taking of interest, misappropriation of public funds, and favouritism. Since its inception, the AFA has received and managed reports concerning both acts likely constituting breaches of probity alongside measures enacted by companies or public bodies aimed at preventing or detecting such breaches. The new system called “Make a Report” is available directly on the AFA's website. It aims to simplify reporting processes while enhancing protections offered towards informants through detailed procedural guidance regarding submission alongside subsequent handling protocols.

The EU Whistleblower Directive

HelloFresh UK workers lose legal challenge over dismissals after protests

In October 2024, 79 HelloFresh workers claimed they were dismissed after protesting against working conditions, including toilet break policies and termination procedures at the Nuneaton warehouse. The company later announced plans to close this depot, affecting nearly 900 jobs. Last week, a judge ruled that HelloFresh was not required to pay these workers while they pursued a claim in the employment tribunal. HelloFresh expressed satisfaction with the court's decision, asserting that the dismissals were properly investigated and prioritised employee safety. Conversely, Community Trade Union expressed disappointment, believing the workers lost their jobs for attempting dialogue with their employer.

Volksbank announces major reorganisation

State-owned Volksbank has announced plans to eliminate 700 jobs and consolidate three of its brand names in a bid to save EUR 70 million per year. The reorganisation is aimed at preparing the bank—nationalised in 2013—for either an initial public offering (IPO) or a potential takeover. Volksbank currently operates under several brands, including SNS, Regiobank, BLG Wonen, and ASN Bank. According to a recent press statement from the company, there is also a need for significant investments in anti-money laundering measures and enhancements to their IT systems. Chief Executive Roland Boekhout said, "Our employees, customers, and partners deserve clarity regarding the steps we are taking towards becoming a stronger, future-proof bank rooted in a broad social foundation". The consolidation process for these four brands is set to commence in 2025 with completion expected within three years. There will be reductions in the number of SNS Shops and RegioBank branches; however, specific figures are yet unknown.

Return-to-office mandates prompt job-seeking surge in the UK

Recruiters have seen a surge in job applications from disgruntled employees following the removal of flexible work options by large companies issuing return-to-office mandates. Two-thirds of recruiters report an increase in applicants seeking new jobs at firms enforcing five-day office attendance, according to a survey conducted in November by the International Workspace Group (IWG). Additionally, three-quarters of recruiters noted candidates rejecting roles that lack hybrid working options. The study highlights that 72% of recruiters believe companies not offering hybrid work are less competitive in the job market.

The shift towards stricter remote working policies has sparked tension between employers and employees accustomed to home working during the Covid pandemic. Companies like Starling Bank, Amazon, Asda, and PWC have imposed stringent office return policies. Notably, Starling Bank faced resignations after mandating staff to attend the office for ten days each month despite space constraints.

UK pensions minister rejects four-day workweek for civil servants

Continuing with a focus on work-from-home policies, UK pensions minister Emma Reynolds has ruled out the possibility of civil servants moving to a four-day working week, stating it will not happen as "we’re not living in the 1970s.". Her comments follow proposals from Department for Environment, Food and Rural Affairs staff suggesting that such a shift could save GBP 21.4 million annually by reducing staff turnover and sickness. The Public and Commercial Services Union argued that a shorter workweek is essential for a happy and healthy life. Emma Reynolds acknowledged potential benefits for those seeking part-time flexibility but asserted that civil servants should generally work five days rather than four. The prime minister also rejected these demands, reinforcing that government policy does not support a four-day working week.

Poland to reform sick leave system

Starting 2025, Poland will reform its sick leave system. The biggest changes include allowing employees on leave to perform occasional tasks, such as signing payroll or invoices, attending medical appointments, buying groceries or visiting the post office, without losing benefits. With medical approval, employees with multiple jobs can also continue to perform duties for one employer while on leave from another. These changes are designed to modernize systems and provide greater flexibility for the employees while maintaining support for the sick ones.

Hungary’s transport workers unite for better conditions

The Union of Transport Workers of Hungary has been established by 5 transport unions to unify the representation of workers' interests. The goal is to improve economic and social conditions and collaborate on wage negotiations. János Meleg, president of the Railways Union said this cooperation was necessitated by Hungary's current transport crisis and the need for sector development to meet global challenges. The members also seek to be able to comment on draft legislation affecting their workers.

Slovakia mandates employer contributions for children's sports

The Slovak Parliament has approved a new law, effective as of 1 January 2025, mandating employers to provide a contribution to sports activities of their employees' children. The new obligation will apply to companies with more than 49 employees, with the maximum amount of the contribution set at EUR 275 per year for all the employee's children. The law aims to promote physical health and reduce childhood diseases like obesity by encouraging kids to get active.

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Droit Social, pensions et mobilité