The war in Ukraine has now passed the 183-day mark. This unfortunate milestone is a reminder to employers with a dispersed workforce of Ukrainian refugees to take a look at the status of these employees. Under many tax treaties mirrored after the OECD Model Treaty, the 183-day period implicates a significant threshold: individuals temporarily present in the treaty-party country (the Host Country) may be taxed by that country on income for personal services performed there if the individual resides in the Host Country for over 183 days in a given tax year. This is called the 183-Day Rule. Few European countries have issued guidance on how they intend to apply the 183-Day Rule to Ukrainian refugees. Although one
New important amendments to the Labour Code, the Social Insurance Code and the Health Insurance Act have come into effect in Bulgaria. They include changes to parental leave, work-life balance measures, shorter trial period, new timing and procedures for amendments to employment agreements, limited non-compete, and the provision of information and training programmes. Read more in this brief overview put together by the employment team in Sofia, Partner Nina Tsifudina and Senior Associate Anita Borisova.
Click on the link below for a summary of the latest employment and labour law developments in Romania. The first issue in our series covers: the tax changes concerning part-time individual employment contracts the increase of the maximum value of meal vouchers the reduction of the retention period for payroll statements the new regulations on domestic providers the extension of the Kurzarbeit mechanism until 31.12.2022 the CJEU ruling on the dismissal of a data protection officer without a serious reason This overview was put together by Partner Remus Codreanu and Senior Associate Lidia Zarnescu, with the support of our local employment and labour law team
Kinstellar is pleased to announce new joiners to its employment and labour law team in Bucharest over the past month. The Firm welcomes senior lawyers Lidia Zarnescu and Catalin Roman, who each boast more than 10 years of employment and labour law experience. Their addition to the firm significantly strengthens our employment and labour law expertise and grows our team in Bucharest to 6 dedicated lawyers, making it one of the largest and most experienced teams in Romania. This enables us to respond to the ever-increasing need for labour-related law advice in Romania. Lidia Zarnescu has significant expertise and an established track record handling a wide spectrum of employment and labour law issues including TUPE, disciplinary
Due to the challenges of martial law and the continued need to adapt labour rules to the modern needs of businesses and employees in Ukraine, Ukrainian labour law is undergoing comprehensive reform. The first part of the reform was implemented in March 2022 with the adoption of the Law of Ukraine “On the Organisation of Employment Relations During Martial Law”, key peculiarities of which we analysed earlier. Ukraine’s parliament recently proceeded with the reform of labour legislation by adopting the Law of Ukraine “On Introduction of Amendments to Certain Laws of Ukraine on the Optimisation of Employment Relations”. This law, which became effective on 19 July 2022, includes (1) amendments to the Labour Code
Today’s uncertainties at the European Union’s eastern border have left companies questioning the safety of their people and the continuity of their operations in that part of the world. Businesses in the IT and BPO sectors that had found talent and growth opportunities in countries such as Ukraine or Moldova are now rethinking their strategy and options to move operations across the border, either temporarily or permanently. Our team in Istanbul has prepared a quick overview of the most important aspects that you need to consider if you decide to move your operations to Turkey. Download in English: Download in Ukrainian:
Kinstellar’s Bratislava office has recently advised CPM International Telebusiness, an award-winning provider of omnichannel customer experience and sales solutions, on the establishment of a new service centre in Slovakia. CPM International is part of CPM Group and a member of the Omnicom Group network of companies with a number of EMEA hubs including Barcelona (Spain) and Bratislava (Slovakia) and multiple contact centres in the United Kingdom supporting the UK & Irish markets. Its international employee base provides 24-7 global coverage in 26+ languages via phone, email, social, chat and self-serve channels for some of the world’s most well-known brands including Harley-Davidson, Pepe Jeans, New Balance, Withings
Kinstellar is delighted to announce that Csilla Andrékó (Partner in the Budapest office, and head of the firm-wide Banking & Finance service), Diana Dimova (Managing Partner of the Sofia office), and Nina Tsifudina (Partner in the Sofia office) have been recognised among the most prominent women lawyers across the world by the prestigious IFLR1000 “Women Leaders” 2022 ranking. Csilla, Diana and Nina were selected for their outstanding reputations within their markets, impressive track records working on complex deals, the quality of their advice and service, and their leadership roles with their practices. It is the third consecutive year for Diana, the fifth for Csilla, and the first that Nina has received this
On 14 March 2022, the Ukrainian Parliament adopted the Law of Ukraine “On the Organization of Employment Relations During Martial Law”, which defines the specifics of employment relations during martial law. The Law comes into force on 24 March 2022. We prepared a brief overview of some key legislative changes applied to employment relations with employees of all enterprises, institutions and organisations, irrespective of their form of ownership, type of activity or industry sector, as well as to persons working under employment agreements with individuals. Downlo ad in English: Download in Ukrainian:
The Government of the Czech Republic has extended its “Antivirus” programme, offering employment protections for businesses affected by the ongoing Covid-19 pandemic. Antivirus provides a partial reimbursement of employee remuneration costs incurred as result of an inability to allocate work due to certain so-called barriers on the part of the employer or the employee. On 29 November 2021, the Czech government extended both Antivirus programme regimes (A and B) until 28 February 2022. Regime A had previously been set to expire by the end of 2021, while Regime B expired on 31 May 2021. Regime A assists employers whose employees have been ordered into quarantine or isolation due to a positive Covid-19 status.
Kinstellar’s Kyiv office has successfully represented Vista, a Cimpress company (Nasdaq: CMPR), the world leader in mass customization, on its acquisition of the online graphic design editor Crello and a stock photo marketplace Depositphotos for a total price of USD 85 million. The acquisition includes Crello, a rapidly-growing, global leader in do-it-yourself (DIY) digital design. Crello, now rebranded under Vista as VistaCreate, offers a platform that makes it easy for small businesses to enhance their social media and digital design, no matter their design experience. As part of the acquisition, Vista has also acquired Depositphotos, a stock content marketplace with more than 200 million royalty-free images
Romanian Employment Updates – October 2021 1. Amendments to the Romanian Labour Code Government Emergency Ordinance no. 117/2021 introduces several amendments and supplements to Law No 53/2003 – the Romanian Labour Code: Undeclared work in connection with a part-time individual employment agreement refers now to the non-observance of the working duration provided in such agreement, apart from exceptional cases when part-time employees perform overtime (e.g., in case of force majeure). This undeclared work is sanctioned with an administrative fine from RON 10,000–RON 15,000 (approx. EUR 2,000–EUR 3,000) per employee, without exceeding the cumulative amount of RON 200,000 (approx. EUR 40,000).