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The European Court of Justice (“ECJ”) rendered a ruling on 22 February 2018 concerning the Dutch tax concept of “tax entity”. It concerned the application of Section 10a of the Corporation Tax Act 1969 (“Vpb”) in relation to the freedom of establishment that applies in EU law. What is the ... Read More »
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Relations on edge: Management Board vs. Supervisory Board
March 2, 2018
ABN Amro’s supervisory board chairman Olga Zoutendijk has indicated that she will retire from her position on 1 July 2018. This decision is related to criticism of her leadership style, according to reports in the media including het Financieele Dagblad. Allegedly, she interfered actively in the decision-making process within the ... Read More »
Data Privacy in the Real Estate Sector
February 26, 2018
The EU General Data Protection Regulation is directly applicable everywhere in the EU as of 5/25/2018. All relevant data protection processes up to this point should correspond to the stipulations set forth in the GDPR. So much to do, so little time. Companies in the real estate sector are now ... Read More »
New European Insolvency Regulation
February 23, 2018
The new European Insolvency Regulation increases the chances for companies to avoid insolvency through restructuring using an autonomous approach. Innovations are available for SMEs as well as for corporations. In the European judicial system, insolvency proceedings have been coordinated and regulated based on the European Insolvency Regulation since 2002. Once ... Read More »
Transparency in Supply Chain Statements
February 22, 2018
In 2015, the UK Government passed what is commonly referred to as the Modern Slavery Act (MSA), which is designed to target slavery and human trafficking in the UK and commercial supply chains that come into contact with the country. This act affects not only UK-based companies, but also companies ... Read More »
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by: Buse Heberer Fromm
in Compliance, Germany
Compliance advisors: economical & safe for SMEs
February 21, 2018
Compliance is also becoming increasingly important for SMEs. The position of the external compliance officer is a good way to make your own company compliant. It provides a flexible and economically viable alternative, especially for suppliers and exporting companies Criminal records, cartels, breach of trust, corruption, problems with security and ... Read More »
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by: Buse Heberer Fromm
in Compliance, Germany
Penalty fees in the UAE
February 13, 2018
The UAE’s Ministry of Economy enforces existing statutory dual licensing of non-independent branch offices. Contrary to the existing 20-year administrative practice of the Department of Economic Development (DED) in Dubai, companies now face penalties. Until recently, it was possible to license and operate non-independent branch offices of companies located in ... Read More »
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by: Buse Heberer Fromm
in Corporate law, Germany
Extension of the period of notice in the probation period
February 12, 2018
Reference to collective bargaining agreements is widespread practice. Caution is advised, however, if contradictions to the contents of additional provisions of the employment contract appear. The Case In his employment contract, the employer made reference to the provisions of the collective bargaining agreement. Accordingly, the first six months of the ... Read More »
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by: Buse Heberer Fromm
in Employment law, Germany
About the inscription on the Mercantile Registry of the “drag along” clause yet again
February 9, 2018
The freedom of the shareholders to negotiate, derived from the autonomy of the will of the company contract, allows the creation of clauses and rights more or less atypical, in relation to the provisions of the Law on Corporations (hereinafter,”LSC”). One of these clauses is the so-called “drag along” clause. ... Read More »
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by: Adarve Abogados SLP
in Corporate law, Spain
Redressing co-determinationduring the proceedings acc. to Section 101 Works Constitution Act
February 8, 2018
If the employer has only informed the works council per sec. 105 BetrVG when hiring a (would-be) executive employee, but did not submit the application for hiring approval pursuant to sec. 99 para. 1 BetrVG, the employer can retroactively complete the letter procedure until the legally final decision of the ... Read More »
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by: Buse Heberer Fromm
in Employment law, Germany
Employee monitoring and right to privacy
February 7, 2018
The covert monitoring of an employee by a detective can trigger an entitlement to compensation due to breach of the general right to privacy. The amount of compensation is the result of a consideration of the specific merits of the case. The respondent employer harbored the suspicion towards the complainant ... Read More »
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by: Buse Heberer Fromm
in Employment law, Germany
Legislative News 2018 – part two
January 31, 2018
In this article we provide an overview of the most significant changes in Czech legislation that approach in 2018. Part two of this article is focused on Labour law and other areas of law. II. Labour Law A. The amendment of the Employment Act (Act No. 327/2017 Coll., by which ... Read More »
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Legislative News 2018 – part one
January 30, 2018
This article provides an overview of the most significant changes in Czech legislation that approach in 2018. In part one of this article we concentrate our attention on Czech Civil and Commercial law. I. Civil and Commercial law A. The so-called technical amendment of the Civil Code (Act No. 460/2016 ... Read More »
From Dusk till Dawn
January 29, 2018
In case of collective dismissals, companies are required to undergo a consultation process with the works council. The process is complicated, full of formal requirements and prone to errors. The Federal Labor Court has now provided important clarification concerning the length and substance of the consultation. The work of those ... Read More »
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by: Buse Heberer Fromm
in Employment law, Germany
Settlement in court does not routinely justify any fixed term
January 26, 2018
The complainant employee was employed repeatedly with interruptions by the respondent employer from August 01, 2000 to May 26, 2012 based on fixed-term employment contracts. The applicant filed a petition for review of the fixed term against the last period of fixed-term employment. After settlement out of court, the complainant ... Read More »
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by: Buse Heberer Fromm
in Employment law, Germany