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Posted on Categories coronavirus

Routine medical examinations of employees during an epidemic – a suspended obligation or an outright ban?

The temporary regulations that were introduced in connection with the COVID-19 epidemic have temporarily amended certain labour law regulations. One of them concerns a suspension of Labour Code obligations regarding routine medical examinations. This has raised justified doubts among employers who are wondering whether the regulations have merely suspended the performance of the routine medical examination obligations, or if they should be interpreted as a temporary ban on performing them.

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Posted on Categories employment contract, intellectual property

Are provisions regulating copyrights necessary in employment contracts with staff?

Employers frequently find no need to include provisions in employment contracts that regulate copyrights to work produced by an employee. They rest on the general principle that the employer automatically acquires economic copyrights to work created in the course of performing assigned tasks1 or that the right to them arises to his benefit by law (as in the case of computer software)2. Therefore, regulations in an employment contract are unnecessary. This is obviously true to a certain degree. The devil nevertheless lies in details. If an employer solely rests on statutory provisions, he may not obtain complete security and full rights that could be secured if certain matters were contractually stipulated.

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Posted on Categories employment contract

How much compensation for a non-compete clause on employment termination? When a regulation is short, doubts are many

The shorter a regulation, the more questions and doubts it raises. And so it is in the case of Article 101(2) § 3 of the Labour Code, which regulates the minimum amount of compensation for a non-compete clause (or restrictive covenant) after employment termination. Compensation may not be lower than 25% of the remuneration the employee received before employment termination, for the duration of the competition ban. How this is interpreted is important. 

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Posted on Categories contract termination, employment contract

Sickness absenteeism as a cause for employment termination?

Employee sickness and absenteeism from work are inherent business risks which the employer has to take into account. An employee’s absence from work can be so frequent that it significantly affects the functioning of the workplace. In such situations, it may be in the employer’s interest to terminate such an employee’s employment contract and hire someone else to take their place. Labour Code provisions oblige employers to specify the reason justifying such a decision in the notice terminating indefinite-term contracts (Article 30 § 4 of the Labour Code). Does regular sickness absenteeism constitute an independent and sufficient reason for termination?

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