An amendment to the Czech Labour Code is expected imminently. This Monday, following the closing of an input window as part of an interdepartmental feedback procedure, the Ministry of Labour and Social Affairs published an updated draft amendment to the Labour Code. In response to feedback received on the initial draft, the proposed amendment softens some controversial provisions. In particular, the changes concern working from home (telework), such as limiting the scope of employees with a guaranteed right to this kind of work. Furthermore, provisions on mandatory compensation for home office should now offer more flexible rules for employers. At present, the ministry anticipates that – excepting certain provisions
A new law on social dialogue has recently been adopted in Romania, Law No 367/2022 on social dialogue 1 ("Law No. 367/2022"), repealing the previous regulation, Law No. 62/2011. The new law on social dialogue is a true game changer and brings four significant reforms, respectively: the obligation to perform collective bargaining at both the unit (if it has at least 10 employees) and at the bargaining sector level; the possibility to perform collective bargaining at the national level; new obligations for employers to inform and consult employees' representatives/trade union representatives; extension of the range of cases triggering collective labour disputes. We expect
The rapid development of technologies and solutions in the healthcare sector is contributing to the proliferation of decentralised clinical trials (“DCTs”). The aim of DCTs is for clinical trials to be conducted more effectively and conveniently – for patients, sponsors and investigators – through the use of digital technologies. In addition, with hospital visits temporarily limited and staff capacities overwhelmed, the challenges associated with the Covid-19 pandemic have significantly underscored the necessity of performing certain elements of clinical trials remotely. Download in English:
Last week, the European Parliament (“EP”) adopted a resolution on online video games (the “Resolution”) . In essence, the Resolution calls for strong enforcement of consumer protection rules in the video game industry, requires stricter regulation of loot boxes and emphasizes the enormous potential of the gaming sector. Download in English: In case of any questions with respect to the above, our specialists are standing by to offer guidance and counsel.
On 23 December 2022 the Hungarian Government adopted a New FDI Government Decree. The main changes as well as other several technical clarifications and modifications are set out in our overview below written by Péter Vörös (Partner) and László Palócz (Senior Associate). Click on the image below to read the whole newsletter.
This year’s first issue of our newsletter, put together by our Bucharest Employment and Labour law team, provides an overview of the new updates on employee salary rights, namely: the new level of the minimum gross basic salary in Romania; various fiscal facilities for employers and employees; the regulation of tips in the hotel and restaurant (“HORECA”) sector; the reflection of salary rights in the new framework model of the individual employment agreement; the EU Directive on adequate minimum wages in the European Union; the Court of Justice of the European Union (“CJEU”) ruling on the rights of workers to receive or to be reimbursed the value of eyeglasses for
On 18 January, Kinstellar’s Prague office held an online conference entitled "Changes to Legislation in the Czech Republic in 2023" for our clients’ senior management as well as for our partners and regional organisations. We hosted the online conference with aim to help our clients and partners become familiar with the latest laws, decrees, regulations, and directives that receive practically every day. Our experts covered in detail the changes to Czech and European law that take effect in 2023, with an emphasis on how these changes will affect businesses' day-to-day operations. We also focused on the most notable cases of recent judgments by the Czech Constitutional Court, which affect judicial practice at
Act No. 497/2022 Coll. on Screening of Foreign Direct Investments (the “FDI Act”), published on 23 December 2022, will have a significant impact on foreign investments in Slovakia, at least in terms of the time needed to complete transactions. The FDI Act takes effect on 1 March 2023. The new rules do not apply to investments completed prior to such date. Our specialists have put together a summary of the key measures the FDI Screening Act introduces: Download in English: In case of any questions with respect to the above, our specialists are ready to offer guidance and counsel.
Case law cannot be overestimated. It adapts to changes faster than legislation. Case law in Ukraine evolved during peacetime and continues to do so during martial law. Diana Malysh, Associate at Kinstellar’s Kyiv office, analyses current case law and reviews the top five decisions of Ukraine’s Supreme Court adopted in 2022 relating to land disputes in an article published on the legal information platform Liga Zakon. Read the full article (in Ukrainian only):
On 5 January 2023, Romania’s Ministry of Health issued an epidemiological alert for influenza (flu), following the entering into force of Instruction no. 161/2023 . Why? This decision was taken given the increase of the number of influenza cases in Romania, which exceeds the average number of the previous five seasons. In this respect, the Ministry of Health issued a series of measures and recommendations for health units/hospitals, employers, educational institutions and the general population. While the preventive measures for health units and educational institutions are mandatory, the Ministry of Health issued only recommendations for employers and the general population. Thus, no direct
On 22 December 2022, a new law on the protection of whistle-blowers in the public interest entered into force in Romania. Law no. 361/2022 provides a number of directions for the regulation of reporting and imposes obligations on both public law entities (e.g., authorities, public institutions) and private law entities (e.g., limited liability companies, joint stock companies). Among the subjects: Who can report as a whistle-blower? What types of breaches can be reported? How and where to report? What are employers’ obligations? What are the main steps in adopting an internal reporting procedure? What sanctions do employers risk? Click here or on the image
On 27 December 2022, the Directive on “measures for a high common level of cybersecurity across the Union”, repealing Directive (EU) 2016/1148 (the “NIS 2 Directive”), was published in the Official Journal of the European Union. The NIS 2 Directive builds on a previous NIS Directive adopted in 2016 expanding its scope to other entities. Due to a rising number of cybersecurity incidents as well as ongoing increased digitalization, the aim of the NIS 2 Directive is to cover more economic sectors and to introduce additional security and reporting requirements across all EU Member States. Member States will have until 17 October 2024 to transpose the NIS 2 Directive into their national laws. Our specialists