HR Lawyers Met Leaders in Warsaw

HR Lawyers Network held its annual session and “HR LAWYERS MEET LEADERS” conference in Warsaw on 10 December 2018.

During the session HRLN’s Honorary President Mr. Piotr Zukowski (Poland) and HRLN’s Co-Founder dr. Ildiko Ratkai (Hungary) were presenting “hot” topics of employment, such as

  • EU legal practice of employee surveillance
  • effects of the GDPR to the workplace data processings
  • digital employee files and
  • the upcoming changes in EU legislation related to the transnational posting of employees.

We were happy to meet and to host Leaders and HR professionals from the business who had the opportunity to share their thoughts and to develop their business network.

Our picture gallery from “HR LAWYERS MEET LEADERS” conference:

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See you in 2019!

 

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Please see HERE the summary and pictures of our session of 2017 held in Budapest.

Public consultation on ELA and ESSN

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EU Commission started a public consultation on the planned European Labour Authority and on the European Social Security Number.

According to the Commission’s press release, “The European Labour Authority should ensure that EU rules on labour mobility are enforced in a fair, simple and effective way. Concretely, building on existing structures, the Authority would support national administrations, businesses, and mobile workers by strengthening cooperation at EU level on matters such as cross-border mobility and social security coordination. It would also improve access to information for public authorities and mobile workers and enhance transparency regarding their rights and obligations“.

The European Social Security Number (ESSN) “would facilitate the identification of persons across borders for the purposes of social security coordination and allow the quick and accurate verification of their social security insurance status. It would facilitate administrative procedures for citizens by optimising the use of digital tools“.

The online survey can be completed HERE.

Source: http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=9015&furtherNews=yes

 

Proclamation of the European Pillar of Social Rights

During the Social Summit held on 17 November 2017 EU leaders proclaimed the European Pillar of Social Rights in Gothenburg, Sweden.

The Pillar which was first presented by the EU Commission in April 2017, outlines 20 key principles and rights related to employment and welfare, divided into three categories, such as the requirements of equal opportunities and access to the labour market; fair working conditions; furthermore, social protection and inclusion. Although the Pillar is not a legally binding document, will definitely have impact to the employment law and to the labour market.

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HR Lawyers met Business on 14 November 2017

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HR Lawyers Network held its “HR Lawyers Meet Business” session this year in Budapest, Hungary. During the one-hour long meeting our Honorary president, Mr. Piotr Żukowski introduced HR Lawyers Network and our Members held short presentations in different topics related to HR law, such as

  • the role and advantages of mediation at workplaces;
  • the latest development related to the monitoring employees’ electronic devices; and
  • the current rules and  expected changes concerning the temporary posting of employees to abroad.

 

 

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We were very happy to meet and to host our kind Guests from several companies who had the opportunity to raise their questions and to network with our Members.

See you next time in Zagreb (April 2018) and in Warsaw (November 2018)!

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Monitoring of candidates’ social media profiles during recruitment

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In its Opinion 2/2017 on data processing at work, Article 29 Data Protection Working Party emphasizes that employers often believe that inspecting the social profiles of their candidates can be justified during their recruitment processes. However, employers should not assume that merely because an individual’s social media profile is publicly available they are then allowed to process those data during the recruitment process. According to the Working Party a legal ground is required for such data processing: for instance, the legitimate interest of the employer.

 

ECHR: church law dismissal doesn’t fall under employment litigation

The Grand Chamber of the European Court of Human Rights (ECHR) passed a decision recently in a case related to #Hungary. According to the ECHR, Mr Nagy, a pastor dismissed by the Reformed Church of Hungary, may enforce his claims neither under employment law, nor under the civil law as his appointment fell under the law of the church. Therefore Art. 6 of the European Convention of Human Rights (right to a fair trial) was not violated.

ECJ interpreted the directive on transfer of undertakings

The European Court of Justice (ECJ) confirmed recently that in case of transfers of undertakings based on the Council Directive 2001/23/EC, the transferee must, when dismissing an employee more than one year after the transfer of the undertaking, include, in the calculation of that employee’s length of service, which is relevant for determining the period of notice to which that employee is entitled, the length of service which that employee acquired with the transferor (C‑336/15).

ECHR: Grand Chamber’s decision in Bărbulescu case

The case of Bărbulescu v. Romania before the European Court of Human Rights – concerned the decision of a private company to dismiss an employee after monitoring his electronic communications and accessing their contents, and the alleged failure of the domestic courts to protect his right to respect for his private life and correspondence – the Grand Chamber of the European Court of Human Rights held, that there had been a violation of Article 8 (right to respect for private and family life, the home and correspondence) of the European Convention on Human Rights.The Court concluded that the national authorities had not adequately protected Mr Bărbulescu’s right to respect for his private life and correspondence. They had consequently failed to strike a fair balance between the interests at stake.