On 8 October 2024, the Romanian law on the use of electronic signatures, timestamps and the provision of trust services based on these ("Electronic Signature Law") entered into force. The legislation introduces a new legal framework for electronic signatures, in close alignment with Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market ("eIDAS Regulation"). Particularities of the legal effects depending on the type of electronic signature used: A. Qualified electronic signature – this is a signature created by a qualified electronic signature-creation device based on a qualified certificate for electronic signatures. While the Electronic
Minimum salary A new methodology for determining minimum salaries has been implemented. In line with EU legislation, from 2025 the minimum wage will be determined by an indexation mechanism and be announced by the Ministry of Labour and Social Affairs no later than on 30 September for the following year. The guaranteed salary grading (an additional “minimum” salary scaled according to the complexity of the given work) has been abolished as obsolete. Accordingly, from 1 August the only minimum salary amount which employers must adhere to is the minimum salary, determined and announced as above. The proposed (not yet approved) level of the minimum salary is 42,2 % of the average salary, i.e. CZK 20 600 for 2025
The Government of the Czech Republic has introduced new regulations opening up the country’s labour market to citizens of nine countries. The measures, effective from 1 July 2024, are intended as a step towards a more open and flexible labour market in the Czech Republic. Specifically, citizens of Australia, Japan, Canada, South Korea, New Zealand, Singapore, the UK, US and Israel will no longer require a work permit, employee card, intra-company transfer card or blue card to work in the Czech Republic as of 1 July 2024. The changes abolish an existing requirement for job-seekers to supply details of employment contracts, evidence of professional qualifications or education, a transfer letter and documents evidencing the
Kinstellar is pleased to welcome Iva Bilinská to serve in the position of Managing Associate, covering the employment law agenda within our Prague team. Iva Bilinská brings extensive expertise and a wealth of experience to Kinstellar, particularly in the area of employment law, having practiced in this field for over a decade. A passion for her work serves as a strong motivation to grow professionally and to find innovative solutions for clients. Moreover, such a crucial specialization enables the effective tackling of even the most complex employment law problems, which makes Iva an invaluable addition to our team. Iva offers an extensive work history, including holding positions at renowned firms such as Kooperativa
Strengthening the home-office regime and enhancing remote workplace safety As workplaces evolve and remote work remains prevalent, amendments to the Bulgarian Labour Code have been recently adopted to reshape the regulations governing home-office arrangements and remote workplace safety standards. The amendments further address the impact of digitalisation and new technologies on work and aim to improve the work-life balance of employees. Mandatory specification of remote workplace An important change is the explicit requirement to define the exact address of the remote workplace. This is already the case in practice, also in line with the authorities’ guidelines. Better clarity in the law will further help to ensure compliance
February 2024 – Kinstellar is delighted to announce the promotions to Counsel of: Yerlan Akhmetov, Kuanysh Shekerbekov (Almaty, Kazakhstan), Cătălin Dinu, Cătălin Graure (Bucharest, Romania), Barnabás Sági (Budapest, Hungary), Yulia Eismont, Maksym Tesliar (Kyiv, Ukraine), Michal Forýtek (Prague, Czech Republic), Andrijana Kaštelan, Vedran Kopilović, Marija Vuchetich (Zagreb, Croatia). ALMATY Yerlan Akhmetov focuses on banking and finance, M&A and capital markets matters. Having been with the Firm for nine years, Yerlan has earned a reputation for cultivating strong client relationships, demonstrating leadership qualities and making significant contributions to our firm's success. He has played a key role
Kinstellar is delighted to have contributed to IEL’s Guide to Restructuring a Cross-Border Workforce 2023. In 2023, cross-border restructurings increased significantly – a trend that is expected to persist in early 2024. But conducting the process fairly, and thoroughly, poses a distinct set of hurdles for multinationals. The global guide examines and provides, across 45 jurisdictions, clear answers to the key questions facing employers when conducting a restructuring, under the following areas: Reduction in workforce Restructuring/Re-or ganisation of the business Changing terms and conditions Areas to watch Kinstellar employment team covered the following jurisdictions:
Kinstellar is proud to announce that it has advised the Swedish appliances manufacturer Electrolux Group on the successful sale of its manufacturing facility in Nyíregyháza, Hungary, to the Swedish high-quality electric heat pumps manufacturer Qvantum for a cash consideration of EUR 38 million. The Kinstellar team was led by Barnabás Sági, Co-Head of the Budapest Real Estate service line, supported by Bertalan Ványa, Associate. The team also included Annamária Csenterics (Partner), Anna Szilágyi (Junior Associate), Judit Sós (Associate), Péter Vörös (Partner), Péter Gullai (Managing Associate), Dániel Péter (Managing Associate), and Szabolcs Szilágyi (Junior Associate).
On 12 September 2023, the Chamber of Deputies approved an amendment to the Labour Code after the legislation was returned by the Senate in July with several amendments. The Chamber of Deputies, however, ultimately approved the amendment in its original wording. After it is signed by the President, the amendment will come in to effect on the first day of the calendar month following its publication in the Collection of Laws (likely still in 2023). However, certain provisions concerning agreements on work performed outside employment relationships (e.g. regarding annual leave) will take effect on 1 January 2024. Major changes pursuant to the amendment to the Labour Code: Telework arrangements
The first part of 2023 continued last year's trend of substantial changes to Romanian labour legislation, which is of real interest to both employers and employees. As such, both Law no. 53/2003 on the Labour Code (“Labour Code”) and Law no. 367/2022 on social dialogue (“Law on Social Dialogue”) have undergone several changes, some aimed at clarifying legal issues identified in practice and others at promoting flexibility at work and work-life balance. In this article, we present the latest legislative changes, as well as our recommendations for their implementation. I. Amendments to the Labour Code The latest legislative amendments continue the European and national policies implemented in recent
Recent economic and regulatory trends such as high inflation rates and the need to transition to a green economy have pressured employers to consider cost cutting measures. Organisations have various responses with many taking steps to reduce labour costs and/or reallocate resources which may lead to recruitment freezes or even redundancies. These measures come with their legal risks which are greater in some jurisdictions over others. Although EU legislation sets certain minimum standards for termination of employment and mass lay-offs across all EU Member States, local rules vary widely in terms of timing, costs, employee protection, and litigation risks. In some cases, upskilling or reskilling of employees could be an
Slovakia currently has an outdated Whistleblower Act (Act No. 54/2019 on the Protection of Persons Who Report Antisocial Activities). The relevant EU Whistleblower Directive (No. 2019/1937 on the Protection of Persons Who Report Breaches of Union Law) has not yet been fully implemented in the act. Consequently, the EU initiated an infringement procedure for non-compliance with EU law, as with several other member states. Thus, Slovakia finally took steps to avoid the procedure. On 10 May 2023 the Slovak parliament passed an amendment to the Whistleblower Act (the Amendment). The Amendment will take effect in two steps, the first on 1 July 2023 and the second on 1 September 2023. The aim of the Amendment is mainly to fully