articles - Labour and employment law

Given the nature of their function, management board members take key business decisions. They have access to confidential information, including trade secrets whose disclosure or misuse could expose the company to a loss.  

One of an employer’s basic obligations as regards health and safety at work is not allowing employees to work without a valid medical certificate. This must state that there are no contraindications preventing a given employee from working in a specific position under the conditions described in the medical examination referral (Article 229 § 4 of the Labour Code).

The Labour Code stipulates time limits after which an employer’s claims expire for remedy of damage inflicted by an employee due to failure to perform or improper performance of employee duties. Under Art. 291 § 2 of the Labour Code, claims of this kind expire one year from the day on which the employer became aware of the damage done by an employee, but no more than three years from the time the damage was inflicted. It is not entirely clear when these periods should be considered to start.  

Under the Labour Code (Art. 100 § 2(6)), an employee has a duty to abide by the principles of community life, but what does this entail?  

After amendment of the Unfair Competition Act, should a nondisclosure obligation be provided explicitly in an employment contract for when an employee leaves?  

Our blog is for everyone professionally involved with labour law and human resources. The profile of employment law is clearly rising. The complexity of issues presented in this field is also growing. It can be said without exaggeration that nearly everything in business revolves around employees. Apart from inflation in the regulations, this is affected by changes in society and civilisation, including demographics, increased mobility of workers, and growth of new technologies.