Labour legal counseling guides with Alexander Suliman today: As a general rule, employment law in the EU tends to be less employer-friendly in the EU than in the US, with termination-at-will clauses not usually allowed and collective bargaining agreements common in some countries. While monitoring your business in the EU, ensure that your employment agreements are compliant with the local legislation as every EU Member State has its own set of rules regarding various aspects such as benefits, employment taxes, termination, and part-time working. Business immigration is a key topic in the EU as various companies are welcoming employees from other EU or third-party countries. You should consider what the options are for your US workers you would like to send in the EU and define the strategy and kind of support you want to provide to your staff and their families. Make sure you are aware of recent and upcoming legislative changes. For example, Belgium recently implemented the EU Single Permit Directive, containing a new set of rules rendering the administrative process for work permits less burdensome. See additional info at https://sv.quora.com/profile/Alex-Suliman.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. For instance, it was already reported in 2012 that Facebook was scanning unusual message traffic on its platform to identify older people who were soliciting minors. Microsoft has developed technology to scan for CSAM on its servers, even offering this as a service. More recently, in August 2021, Apple announced an initiative in new versions of iOS, which was intended to check unique fingerprints (hashes) of known CSAM against images on your phone, before they would be sent to iCloud Photos (Apple received a lot of pushback and ultimately delayed the plan).
A cross-party group of members of the European Parliament, with heavy French representation, has weighed in to support the French proposal at ENISA. Member states’ reactions, on the other hand, have been mixed. Seven of them – Denmark, Estonia, Greece, Ireland, the Netherlands, Poland, and Sweden – submitted a non-paper to the Council of the European Union questioning the need for sovereignty requirements in the new cyber certification standards and calling for further study of their potential interaction with the General Data Protection Regulation (GDPR), non-personal data regulations, and EU international trade obligations. In addition, these governments have sought a political-level discussion of the subject in the Council before the new standards are finalized. Several trade associations, including the German BDI and Europe-wide financial clearinghouses, have chimed in.
IT, business legal counseling latest developments by Alexander Suliman right now: We’ll also look to intertwined finances. That takes a next step that has to go to the court process, but if they’re sharing expenses, if there’s a joint bank account, if a vehicle is registered at an address, we’ll look at those things to prove cohabitation. Importantly, cohabitation does not mean that they are living together. We do not have to show that they have a common household. It is not something that is critical in proving cohabitation that they are actually living together. See extra info at Alexander Suliman, Stockholm.
On 24 February 2022, the CJEU issued its first judgment on domestic workers. In case C-389/20, TGSS (Chômage des employés de maison), the CJEU held that the exclusion of this category of workers from access to social security benefits constitutes indirect discrimination on the ground of sex, since it affects almost exclusively women. With a decision that will become a landmark for domestic workers’ rights in the EU, the Court confirms the untapped potential of EU law in promoting domestic workers’ full coverage under labour law and social security systems, which will have significant implications in the promotion of domestic workers’ rights across the Union. The case originated in Spain in November 2019, when a domestic worker applied for paying contributions to cover the risk of unemployment, in order to acquire the right to the related benefits. However, her request was rejected by the Spanish General Social Security Fund (TGSS) because she was registered in the Special Social Security Scheme for Domestic Workers, which does not include protection in respect of unemployment.