Collective bargaining and public procurement laws in North Rhine-Westphalia

Collective bargaining and public procurement laws in North Rhine-Westphalia

New Requirements for the Public Procurement of Services in regards to Minimum Wage under Public Procurement Law (European Court of Justice, decision dated September 18, 2014, Az. C-549/13). Since being introduced in 2012 the “Law on Securing Collective Bargaining and Social Standards as well as Fair Competition in Public Procurement” ... Read More »

As of 2015 all Russian companies are to report on and prepare documentation on all cross-border related-party transactions

As of 2015 all Russian companies are to report on and prepare documentation on all cross-border related-party transactions

Since 2014, all cross-border related-party transactions are subject to transfer pricing regulations, notwithstanding their value. Before 2014, transfer pricing rules applied only to major cross-border related-party transactions, that is, transactions deriving income in the amount of RUB 100 million and RUB 80 million in 2012 and 2013, respectively. This means ... Read More »

No co-determination for dummy cameras

No co-determination for dummy cameras

(Higher Labor Court of Mecklenburg-West Pomerania, decision dated November 12, 2014 – 3 TaBV 5/14) If an employer plans to monitor the behavior or performance of employees by introducing or using technical systems that are designed or at least suitable for such purposes, the Works Council is entitled to an ... Read More »

New voting guidelines

New voting guidelines

In the UK, each of the National Association of Pension Funds (NAPF) and Institutional Shareholder Services (ISS) has recently published its guidelines for proxy voting for the 2015 season. Previously, NAPF and ISS followed a common approach, which has now ceased. The additional analysis and perspective on proxy voting issues ... Read More »

Concussion and traumatic brain injury: A historical perspective

Concussion and traumatic brain injury: A historical perspective

Public awareness of the long-term effect of head injuries sustained in competitive sports, including but certainly not limited to collegiate and professional football, has increased significantly in the past decade. The highly publicized National Football League (NFL) federal court litigation has transitioned from the sports section to page-one treatment in ... Read More »

Best price clause of the HRS hotel booking portal violates antitrust law

Best price clause of the HRS hotel booking portal violates antitrust law

(Higher Regional Court in Düsseldorf, decision dated January 9, 2015 VI – Kart. 1/14 (V) [not yet legally binding]) The clause of a hotel booking portal holding a dominant position in the market that prohibits registered hotel operators from undercutting the room prices offered on the booking portal through other ... Read More »

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

Forfeiture of Compensation Claims when Using Double Hold-harmless Clauses

(Federal Labor Court, decision dated September 24, 2014 – 5 AZR 593/12) Many labor and collective bargaining agreements contain so-called double hold-harmless clauses that initially provide, within certain dates, the extra-judicial enforcement of alleged claims under the employment relationship and then demand their judicial follow-up within a further period, insofar ... Read More »

Scroll To Top