The Transfer of Undertakings (Protection of Employment) Regulations (TUPE Regulations) were incorporated in their current form into the laws of the European Union (EU) with Directive 2001/23/EC of March 12, 2001 (TUPE Directive), with Croatia ensuring its transposition in its legal system via the Labor Act (albeit with a few missed opportunities). Although TUPE Regulations are relatively simple to comprehend, with the main goal being the protection of employee rights in the event of a transfer of an undertaking, business, or part of an undertaking or business as a result of a legal transfer or merger, their application in practice raises many questions to which statutory provisions of Croatian law do not provide an answer.
Lithuania: Navigating Remote Work Challenges
Over the summer, numerous major employers in Lithuania had either terminated or tightened their hybrid work policies, mandating employees to be present in the office for at least three days per week. This shift is in line with global trends, particularly among technology companies, which have largely abandoned remote work arrangements. Since the pandemic ended, many companies have gradually moved their workforce back to the office, citing decreased productivity and employee engagement as primary reasons for this shift.
Moldova: Employee-Created IP Objects – Determining Ownership
The question of who owns intellectual property (IP) rights in the workplace has gained significant relevance, especially given that employees are involved in extensive creative activity nowadays. The Moldovan legal framework has well-defined rules on this subject, providing insight into the important question: who holds the rights over the creations, inventions, industrial designs, and utility models created by employees?
Slovenia: Contractual Penalties in Employment Law
Recent rulings of the Slovenian Supreme Court on the permissibility of including contractual penalties in employment contracts highlight that when assessing the permissibility of applying the concept of a contractual penalty, one must consider the subordinate and dependent position of the employee relative to the employer both when concluding the employment contract and during the employment relationship.
North Macedonia: The Role of Private Employment Agencies
Private employment agencies in North Macedonia emerged relatively recently, beginning in 2006. These agencies play a key role in two primary areas: facilitating temporary employment in the labor market and acting as intermediaries in the hiring process. By connecting employers seeking workers with job seekers, these agencies help streamline employment coordination, leading to a more efficient labor market.
Kosovo: Employee Rights in a Remote Work Context
The COVID-19 pandemic accelerated the shift toward remote work globally, including in Kosovo. While this new way of working offers flexibility and convenience, it also exposes gaps in labor regulations. Kosovo’s Labor Law, like many others, was primarily designed for traditional in-office work environments and has yet to fully adapt to the nuances of remote work. Remote work context has brought to attention legal gaps in areas such as work hours, digital privacy, employer responsibilities, and employee rights.
Unauthorized Monitoring of Employees’ Email – A Case from Italian Practice
This article analyzes the Decision of the Italian Data Protection Commissioner (“Commissioner“) No. 472 of July 17, 2024 (“Decision“), which concerns the monitoring of employees’ official computers and emails, and the protection of personal data in accordance with Italian regulations and the General Data Protection Regulation of the European Union, which was adopted on April 14, 2016, and came into force on May 25, 2018 (“GDPR”).