Germany: A "Permanent Temp Worker" is not the Lessee’s Employee

In Germany, many companies have resorted to utilizing temp workers through a third-party agency instead of hiring their own personnel. Temp workers typically are leased from an agency that employs the temps and assigns them to the company (lessee). This staffing model has increasingly received political criticism and judicial attention.

An area of particular concern is that some companies utilize temp workers “permanently” in order to replace parts of their regular workforce. For example, the […]

By | January 10th, 2014 ||

United States: Employee Handbook: Employer’s First Line Of Defense

“The reasons for employee handbooks are many,” says business consultant Jan L. Makela in The Frederick News-Post, “but primarily, they are an employer’s first line of defense in the event that a claim is filed against you by a current or former employee. If you don’t have written policies, you have no defense.”

We have been touting the value of handbooks for years.   See our two-part “Top Ten Essential Components Of An Employee Handbook,” posted on July […]

By | January 7th, 2014 ||

Belgium: The Company Manager And Affiliation To A Social Insurance Fund For Self-Employed Persons

Belgian employment law has no specific rules applicable to company managers.  As the Brussels Labour Court stated in a judgment issued on 19 April 2007, “Belgian employment law is characterised by a binary distinction between employees and self-employed persons”. Although no definition is provided for by law, a company manager can be considered any person entrusted with the power to manage and represent a company. Hence, the company manager is a person to whom […]

By | January 3rd, 2014 ||