1.1 Do advertisements for jobs require any particular wording or details about the job?
1.2 What checks can an employer carry out about the background (including social media checks) and health of job applicants and at what stage in the hiring process? Can employers ask for references?
1.3 Can employment be made subject to a probationary period? If so, how long for?
1.4 Are there special rules about dismissal during a probationary period?
1.5 Can job applicants bring claims against the prospective employer? What might they claim for?
1.6 What processes should be followed in employing foreign workers?
1.7 What records should an employer keep about the employment of foreign workers?
1.8 Can employers keep their records about candidates they did not hire?
1.9 What questions can’t employers ask in interviews?
2. Employment Contracts
2.1 What determines whether an individual is an employee or an independent contractor and what is the practical difference?
2.2 Are there any other key distinctions between types of employees (e.g. blue collar, white collar, or sales representatives) and what practical difference does this make?
2.3 Are there any special rules that apply to the employment of company directors?
2.4 Are there any rules about part-time employment and do employees have a right to request part-time or flexible arrangements?
2.5 Are there any rules or restrictions on fixed-term employment?
2.6 When is a fixed-term employment contract converted into an indefinite-term contract?
2.7 What are the legal and practical implications of engaging temporary workers through an employment agency?
2.8 Can the employer put its employees at the disposal of another company? If so, what restrictions apply?
3. Terms and Conditions
3.1 Is it necessary to provide a written employment contract? If so, what terms must be in the contract and when must the contract be provided?
3.2 Is it common in your country to issue an offer letter in addition to the employment contract?
3.3 What language should the employment contract be in?
3.4 Are there any terms that are always implied into an employment contract, even if they are not set out in writing? What are they?
3.5 Does the written contract of employment have to contain all the terms and conditions of employment or is it possible to incorporate terms from other agreements or documents?
3.6 What are the legal considerations when an employer wants to make changes to employees’ terms and conditions?
3.7 What documentation is normally made available to the employee in addition to contractual documents? How are non-contractual documents distinguished from contractual ones?
4. Compensation and Benefits
4.1 Is there a minimum wage? Does it have to be paid through basic salary only, or can other payments made to the employee (e.g. tips, bonuses, housing allowance etc) be included?
4.2 Are wages automatically adjusted in line with inflation? If so, how does this work?
4.3 In outline, what tax and social security obligations are on the employer and employee and what arrangements must be put in place to ensure these are met?
4.4 What is the rate of income tax and social security for an employee with an income of EUR 100,000, married with two children?
4.5 Are there rules governing the payment of bonuses? What type and size of bonuses are common in practice? If someone leaves, is it possible to claw back bonus already paid out?
4.6 Are employers required to provide any particular benefits to employees (other than pension contributions)? If so, what are they?
4.7 In practice, what benefits are usually offered to employees?
5. Working Hours
5.1 Is there a limit on daily and/or weekly working hours?
5.2 If so, is it possible to exceed this limit through agreement?
5.3 Are any employees exempt from the rules about working time?
5.4 What time recording obligations are there on employers?
5.5 Does the law allow for or encourage agile working (having self-managing interdisciplinary teams with employees switching between them based on company requirements; flexible working time; open-plan offices; increased remote working)? If so, what are the rules?
5.6 Are there any limits on overtime work?
5.7 Do we need to get consent from employees for overtime?
5.8 Is there a specific rate of pay that applies to overtime? If so, please specify.
5.9 What rules (if any) are there regarding breaks and rest periods?
5.10 What are the consequences for an employer of: (a) exceeding the limits on daily/weekly working hours; and (b) breaking the rules on breaks and rest periods?
6. Time Off Work
6.1 What is the minimum entitlement to annual leave?
6.2 How much are employees entitled to be paid for annual leave?
6.3 Do employees have a right to paid time off work for public holidays?
6.4 What rules apply to employees who are absent from work on account of sickness?
6.5 What are the arrangements for family-related leave and pay? In practice, do employers provide the minimum only, or might they make more generous arrangements?
6.6 What types of leave (other than family or care-related leave) are available?
7. Health and Safety
7.1 Broadly, what are the minimum legal standards that an employer must meet to ensure the safety of employees?
7.2 How are health and safety rules regulated and enforced in practice?
7.3 What are the consequences for employers of breaches of health and safety rules?
7.4 Can an employer be liable for the activities of third-party contractors?
7.5 If there is a serious work accident, is there a requirement to notify the authorities and what does this involve?
8. Discrimination
8.1 What kinds of characteristics are protected by discrimination law?
8.2 Are there circumstances where it is not discriminatory to treat someone differently when they have (or do not have) one of these characteristics?
8.3 Is there a duty on employers to avoid 'indirect' discrimination (i.e. where a rule applied to all employees disadvantages a protected group)?
8.4 Is there an obligation to make reasonable adjustments, e.g. for disabled employees or those with religious beliefs?
8.5 Is there protection against harassment based on a protected characteristic?
8.6 Is there protection against victimisation or retaliation (i.e. where an employee is badly treated for having complained about discrimination, or helped someone else complain)?
8.7 What are the potential consequences for the employer if a claim for discrimination, harassment or victimisation/retaliation is successful?
8.8 If there is a claim for discrimination, how is the burden of proof shared and what are the most common defences?
8.9 Can an employer be liable for the discriminatory actions of its employees or third parties (e.g. customers or suppliers)?
8.10 Are there statutory gender pay gap reporting obligations in your country?
8.11 What legal obligations do employers have to protect the mental health of their employees? Are mental health conditions a protected characteristic, in terms of protection against dismissal or from discrimination? What are the legal obligations of employers where a mental health condition is protected by law?
8.12 In practice, how common are discrimination claims by employees?
8.13 What are the typical amounts of awards made in cases of unlawful discrimination?
9. Employee Data Privacy
9.1 Are there rules on the protection of employee information?
9.2 What are the consequences if an employer breaches these rules?
9.3 In practice, how can an employer collect and process confidential employee information?
9.4 What are the restrictions (if any) on the monitoring of employees?
9.5 What is the legal position with regard to the use of social media in the workplace and when employees are off duty?
9.6 Is there any protection for employees who 'blow the whistle' on what they think are unlawful or immoral activities?
10. Employee Competition and Confidentiality
10.1 How can an employer ensure employees keep work-related information confidential?
10.2 How can an employer ensure employees do not act in competition with it?
10.3 Once employment has ended, can an employer restrict the use of confidential information by employees?
10.4 Once employment has ended, can an employer prevent employees from acting in competition with it?
11. Worker Representation
11.1 What is the role of trade unions in your jurisdiction?
11.2 Do workforces tend to be unionised?
11.3 Does an employer have to work with an established trade union? If there is no union, must an employer establish or recognise one?
11.4 What role do employee representative bodies have in the workplace? Is there an obligation to inform and/or consult? Do they have any decision-making powers? When is an employer required to recognise or set up an employee representative body?
11.5 What legal restrictions are placed on trade unions in terms of organising strikes and other industrial action?
12. Termination of Employment
12.1 On what grounds can an employer lawfully terminate employment?
12.2 What employee protection exists where an employer terminates without lawful grounds?
12.3 What is the legal or best practice process for terminating and what happens if an employer fails to follow it?
12.4 Are there any special protections against dismissal?
12.5 What is the minimum notice period? Are there circumstances where an employee may be entitled to longer?
12.6 Can an employer summarily dismiss by making a payment in lieu of notice? Is summary dismissal ever possible without payment in lieu?
12.7 What happens if an employee resigns? Could this be regarded as constructive dismissal?
12.8 Is it possible to retire an employee compulsorily?
12.9 What payments must be made to an employee on termination of employment?
12.10 How can an employer settle claims against it by an employee?
13. Collective Dismissals
13.1 Must employers consult with employees about multiple dismissals and how many dismissals trigger this requirement?
13.2 What information must be provided about the dismissals? When must it be given and to whom?
13.3 Is there a legal process for consultations? How long do consultations take in practice?
13.4 What happens if the employer fails to comply with the information and consultation requirements?
13.5 Is there a statutory selection order that must be applied when a number of dismissals take place?
13.6 Are there any additional payments to make to employees in cases of collective redundancy?
14. Business Transfers
14.1 Are employees protected if the identity of their employer changes following a share takeover?
14.2 Are employees protected if the business in which they work is sold to a new employer? Are they protected if a service is outsourced or the business is partially transferred?
14.3 If employees are protected upon transfer of the business to a new employer, what are the duties of the old and new employer?
14.4 Can employees object to transferring to a new employer?
14.5 What happens to the terms of the employment contracts? What happens to employee benefits that are not part of the employment contract (e.g. bonuses)?
14.6 What liabilities transfer to the new employer? Is there joint liability with the old employer?
14.7 What happens to any collective agreements? Do they transfer to the new employer?
14.8 Can employers make changes to people's employment contracts?
14.9 When can employees be safely dismissed during or after a transfer?
14.10 Is there a requirement to consult with employees (or their representatives) upon a business transfer? Who must employers consult?
14.11 What information must employers provide before transfer?
14.12 What does a consultation involve and how long does it last in practice?
14.13 What happens if an employer fails to inform and consult properly?
14.14 What happens to the works council and other employee representatives upon the transfer of a business?
15. Pensions
15.1 Are employees entitled to receive state pension benefits? If so, what are their basic rights under the state pension?
15.2 Is there a requirement for employers to provide employees with access to a pension scheme? If so, are there any minimum legal requirements for that pension scheme?
15.3 Can an employer fund and operate its own pension scheme for its employees? If so, how might the scheme operate?
15.4 Is there a requirement to consult with employees (or their representatives) about proposed changes to an employer's pension arrangements? If so, what are the consultation requirements?
15.5 In general terms, what is the tax treatment of pensions in your country?
15.6 What, if anything, needs to be put in the contract of employment about pensions' entitlement?
16. Investigations & Performance Management
16.1 When must an employer conduct an investigation and what are the investigations normally about?
16.2 Are employees obliged to report suspected misconduct or is this left up to their good will?
16.3 How soon must the employer start an investigation and how must it conduct it?
16.4 Do employees have to participate in an investigation conducted by the employer?
16.5 Can the employee be represented by a lawyer in the investigation?
16.6 Must the employer show the employee all the evidence?
16.7 Is there a separate regime for ‘whistleblowing’ and if so, what does it cover?
16.8 What are the processes for dealing with low performance?
16.9 Are there statutory rules about how grievances should be handled?
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