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Insights February 2023

An Amendment to the Czech Labour Code

An amendment to the Czech Labour Code is expected imminently. This Monday, following the closing of an input window as part of an interdepartmental feedback procedure, the Ministry of Labour and Social Affairs published an updated draft amendment to the Labour Code. In response to feedback received on the initial draft, the proposed amendment softens some controversial provisions. In particular, the changes concern working from home (telework), such as limiting the scope of employees with a guaranteed right to this kind of work. Furthermore, provisions on mandatory compensation for home office should now offer more flexible rules for employers. At present, the ministry anticipates that – excepting certain provisions

Insights January 2023

The relaunch of social dialogue in Romania and its impact on employers

A new law on social dialogue has recently been adopted in Romania, Law No 367/2022 on social dialogue 1 ("Law No. 367/2022"), repealing the previous regulation, Law No. 62/2011. The new law on social dialogue is a true game changer and brings four significant reforms, respectively: the obligation to perform collective bargaining at both the unit (if it has at least 10 employees) and at the bargaining sector level; the possibility to perform collective bargaining at the national level; new obligations for employers to inform and consult employees' representatives/trade union representatives; extension of the range of cases triggering collective labour disputes. We expect

Insights January 2023

Legislative updates on employee salary rights in Romania

This year’s first issue of our newsletter, put together by our Bucharest Employment and Labour law team, provides an overview of the new updates on employee salary rights, namely:  the new level of the minimum gross basic salary in Romania; various fiscal facilities for employers and employees; the regulation of tips in the hotel and restaurant (“HORECA”) sector; the reflection of salary rights in the new framework model of the individual employment agreement; the EU Directive on adequate minimum wages in the European Union; the Court of Justice of the European Union (“CJEU”) ruling on the rights of workers to receive or to be reimbursed the value of eyeglasses for

Insights January 2023

Epidemiological alert for influenza (flu) in Romania

On 5 January 2023, Romania’s Ministry of Health issued an epidemiological alert for influenza (flu), following the entering into force of Instruction no. 161/2023 [1]. Why? This decision was taken given the increase of the number of influenza cases in Romania, which exceeds the average number of the previous five seasons. In this respect, the Ministry of Health issued a series of measures and recommendations for health units/hospitals, employers, educational institutions and the general population. While the preventive measures for health units and educational institutions are mandatory, the Ministry of Health issued only recommendations for employers and the general population. Thus, no direct

Insights November 2022

New updates in employment and labour law in Romania

The November issue of our newsletter, put together by our Bucharest Employment and Labour law team, provides overview of new related regulations and developments in Romania, namely: new rules regarding the employment of foreign nationals in Romania; reinstating the obligation to draw up internal rules and job descriptions for all employers, regardless of their legal form; ECHR judgment in Moraru vs Romania case a height requirement in the recruitment process is discriminatory; online access for employees or former employees to data from the general register ofemployees; amendment of the amount of the unemployment allowance. Click on the image below to read the whole

News November 2022

Kinstellar appoints new Service and Sector Heads

Kinstellar supports professional growth by offering a broad range of career development opportunities for our team including Sector/Service line head or co-head roles. We provide growth opportunities to all of our talented lawyers with relevant experience and who have an outstanding track record. We believe in an inclusive recruitment process where we create an equitable application, interview and selection process. We are delighted to announce the appointments of the following sector and service line heads: Müfit Arapoğlu, a Partner in the Istanbul office, is the firm-wide Financial Institutions (non-transactional) Sector Co-Head and the firm-wide Head of Banking, Finance & Capital Markets (service line).

Insights October 2022

Romania towards enhanced work life balance and better working conditions

In the era of digitalisation, the labour market is also experiencing continuous transformation. This causes a rethink of traditional labour relations, as well as the adoption of strategies to increase competitiveness and flexibility at work while maintaining a high level of social protection for employees. In order to align the legislative framework in Europe to the new labour market realities, two important directives have been adopted at EU level and gradually transposed to the specifics of local markets. Below we outline the most important changes incorporated into Romania’s legislative framework, reflecting the transposition of the two above mentioned EU directives. Kinstellar Romanian Labour News

Insights October 2022

New maritime labour regulations

The October issue of our team’s Employment and Labour law updates tackles a series of new regulations that impact the maritime transport sector. Click on the image below to read.

Insights October 2022

Recent changes to the Slovak Labour Code

On 4 October 2022, the Slovak parliament adopted an amendment to the Labour Code (the "Amendment") that enters into effect on 1 November 2022. The aim of the Amendment is mainly to implement two EU directives (No. 2019/1152 on transparent and predictable working conditions in the EU and No. 2019/1158 on work-life balance for parents and carers) and to respond to certain requirements resulting from application practice. In this article, we present an overview of the most important changes. 1   Content of employment contracts Essential elements of an employment contractThe essential elements of an employment contract have not changed, but the definition of the place of work has been clarified. The contract must

Insights September 2022

183 days of war in Ukraine: Tax considerations for refugees and their employers

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

Insights August 2022

Changes to Bulgaria’s Labour Code and other legislative acts are now in effect

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. 

Insights August 2022

Recent updates in employment and labour law in Romania

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