Practical Employment Law in Europe. Second Session: Practical Employment S cenarios 7 July 2014. Speaker details. These slides are not intended to constitute legal advice. For further information, please contact the relevant speakers, whose details are set out above.
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Second Session: Practical Employment Scenarios
7 July 2014
These slides are not intended to constitute legal advice. For further information, please contact the relevant speakers, whose details are set out above.
“A company is discussing engaging an individual for a sales/marketing role in UK/France/Germany.
What type of employment or consultancy arrangement should it choose and what are the main considerations?”
Issue of employment status:
Definition of an employee:
Note: Whether a person is an employee or a freelancer / independent contractor depends on how the services are actually rendered and not on the text of the agreement!
If an independent consultant actually qualifies as an employee (so called "Fake Self-Employment"):
Issues in relation to independent sales agents and consultants:
Issue of employment status: ‘Sham’ contracts:
“The company wants to employ a senior employee, who is going to have lots of client contact. What steps can it take to protect itself against the employee leaving and taking clients and business.”
Practical approach: Long notice period and "garden leave"
“A company is considering buying a business in the UK/France/Germany. It wants to keep some of the employees involved with the business, but not all of them. What are the main considerations?”
Transfer of Shares
Asset Purchase Agreement
Transfer of Undertaking
What is a transfer of undertaking?
Restructuring after a transfer of undertaking?
“An employee’s performance has not met expectations and the company might want to end the employment. What are the main considerations?”
What is low performance?
The employee insufficiently performs in terms of quantity/quality or does not render the performance as agreed upon in the employment contract
What is the required performance?
The employee must do what he is supposed to do and has to do it as good as he can.
In case of low performance, termination of employment relationship can be based on:
Very difficult to state and to prove by the employer!