New legislation Amendment to Act No. 311/2001 Coll. Labour
Code (amended by Act No. 574/2010)
The Amendment, effective as of 1 March 2010, introduced the
New definition of "comparable
A comparable employee is now defined
as a full-time employee who works for the same employer and does
the same work or would do the same work taking into account his/her
qualification and working experience.
The definition is relevant when it comes to the treatment of
employees with a fixed term contract. Under the Labour Code such
employees may not be treated more or less favourably than
comparable employees in terms of working conditions and conditions
No shorter notice period for part-time
The provision allowing for a shorter notice period to be given to
part-time employees working fewer than 15 working hours per week
has been repealed and the general notice period of at least 2
months now applies.
Fixed term contracts
It is no longer possible to agree a fixed term contract for a
period of more than two years. Such contracts may not be extended
or renewed more than twice in any two year period.
Provisions hindering the creation of an employment
contract between an end user and temporary employee
Provisions in employment contracts that prohibit or prevent the
creation of an employment contract between an end user and a
temporary employee after his/her assignment by a temporary
employment agency are void.
It is increasingly common for employees to use personal devices such as smart phones, laptops or tablet computers for work purposes and yet employers often appear unaware of the potential data protection issues involved in such use.
In Whitmar Publications Ltd v Gamage, the High Court granted an interim injunction to prevent former employees of Whitmar from misusing confidential information to gain unfair commercial advantage in their competing publishing business.
Upon the entry into force of the major employment law reform known as "Fornero Reform" (Law 28 June 2012, no. 92), the Italian employment law system experienced significant changes, from both a substantive and procedural law perspective.
Last month there were reports that Condé Nast, whose titles include Vogue and GQ, would be ending its internship programme in the US after being sued by two former interns.
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