Restrictive Covenants in United Kingdom
Definition and Types of Restrictive Covenants The following restrictive covenants are recognised and may be enforceable under the law: Non-compete clauses; Non-solicitation of customers; Non-solicitation of employees. Enforcement of Restrictive Covenants—process and remedies Restrictive covenants are not automatically enforceable simply because they have been incorporated into a contract of employment. In fact, there is a […]
Social Media and Data Privacy in United Kingdom
Can the employer monitor, access, review the employee’s electronic communications? Employers can set their own rules in relation to use of the Internet and social media at work. It is advisable for employers to implement clear policies on the use of social media and social networking websites, setting out the standards of conduct expected from […]
Anti-Discrimination Laws in United Kingdom
Extent of Protection Anti-discrimination legislation in the UK is concerned with protecting employees, applicants for employment and other categories of protected individuals from discrimination (direct or indirect and harassment. Victimisation relating to any of the protected characteristics is also prohibited. However, the extent of protection afforded to employees is not without limits, and employers may […]
Hiring Practices in United Kingdom
Requirements for Foreign Employees to Work Any non-EEA national seeking entry or permission to remain in the UK for the purpose of employment may need to apply under Tier 2 of the Points Based System (PBS) via an approved Home Office Sponsor. The Tier 2 (General) route is open to overseas nationals who have been […]
Restrictive Covenants in Spain
Definition and Types of Restrictive Covenants The following restrictive covenants are recognised and may be enforceable under the law: Non-compete clauses; Non-solicitation of customers; Non-solicitation of employees. Enforcement of Restrictive Covenants—process and remedies If the employee breaches the agreement, he/she will be obliged to return the amount received for this concept and may be required […]
Social Media and Data Privacy in Spain
Can the employer monitor, access, review the employee’s electronic communications? Spanish law recognises the employer’s right to take the most appropriate measures to control the work of their employees, so as long as they do not violate their fundamental rights. There is no express legal prohibition for the employee not to use social media at […]
Anti-Discrimination Laws in Spain
Extent of Protection Any direct or indirect discrimination included in regulatory provisions, clauses in collective agreements, individual agreements, and unilateral decisions by employers shall be deemed null and void and could be subject to a complementary claim for damages. Among other causes of discrimination, are those for reason of age or disability handicap and in […]
Hiring Practices in Spain
Requirements for Foreign Employees to Work Foreign employees from outside the European community, including self-employed individuals, must obtain an administrative authorisation, or work permit, to work in Spain. The work permit may be requested at the Immigration Bureau. Does a Foreign Employer need to Establish or Work through a Local Entity to Hire an Employee? […]
Restrictive Covenants in Romania
Definition and Types of Restrictive Covenants There is no legal definition given by the Romanian legislation to restrictive covenants. However, some legal provisions allow the inclusion of specific clauses in the employment agreements that can offer a guarantee of good will between the parties. Also, some legal provisions sanction directly, without the existence of any […]
