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Employment & Pensions

As one of the world’s largest law firms, with over 8,000 professionals and staff, CMS has first-hand experience of a wide range of employment matters. Because of our size and reach, we face many of the same challenges as our clients – and often find solutions together.

Successful businesses in every sector know that employment terms, conditions and benefits are key competitive weapons in today’s changing and increasingly mobile markets. The challenge of attracting and keeping talented employees has intensified, as employment relationships adapt to the age of the platform worker and the emerging impact of automation and digitalisation.

To ensure the odds are on your side, you must manage your employees and their benefits, as well as your employee representatives, such as works councils and unions. Yet most HR matters – from executive contracts and equal opportunities to restructurings, transfer of business issues and restrictive covenants – can be complex and contradictory.  Your management team may have to deal with employment and pension law in Africa, Asia, Europe and Latin America, and face issues like European directives, court decisions, national laws, local cases and precedent. Our 450 sector specialists can help you navigate the maze of HR regulations, policy documents and legal complexities confronting you on a daily basis.

If your business crosses borders, you will face additional hurdles. With a global network covering over 40 countries, the CMS Employment team advises on employment law issues affecting cross-border business including:

  • The effects of mergers, acquisitions, outsourcing, offshoring, nationalisation and privatisation
  • Works councils’ co-determination rights at international, national or individual company level
  • Compliance (including remuneration) with national and international laws and standards
  • Behaviour at work, misconduct and discrimination
  • Individual and collective dismissals and severance agreements
  • The EU's General Data Protection Regulation (GDPR)
  • New forms of employment and ways of working
  • Employee stock ownership schemes and pension schemes
  • Wage taxes, fringe benefits, social security matters, expat regulations and cross-border secondments
  • Dispute resolution, litigation and mediation for employment and pensions matters, including labour law and trade union issues and disputes
  • Employee competition and confidentiality
  • Employment contracts, policies, shop agreements and collective agreements.

Because they are so complex, employment issues require expertise in other areas, such as corporate law for restructuring cases, or tax law relating to senior management contracts and international mobility. To provide the best possible advice, the CMS Employment group works closely with experts from other practice areas and specialist CMS groups.

At CMS, we aim to guide our clients through evolving business environments and to ensure they make the most of opportunities.

15/03/2022
CMS Em­ploy­ment & Pen­sions Glob­al Bro­chure
Re­think­ing the work­place. Re­in­spir­ing the work­force. Nev­er be­fore have em­ploy­ee-re­lated is­sues been un­der so much scru­tiny. In the wake of the post-pan­dem­ic ‘Great Resig­na­tion’ it is no longer a...
20/04/2021
CMS Ex­pert Guide to vac­cin­a­tion and test­ing for em­ploy­ers
 As the glob­al com­munity slowly emerges from the COV­ID-19 pan­dem­ic, two factors have made this re­cov­ery pos­sible: test­ing, which has en­abled coun­tries to gauge and lim­it the spread of the dis­ease; and vac­cin­a­tions, which are be­ing rolled out around t
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Em­ploy­ment on Law-Now
Find out rel­ev­ant art­icles and pub­lic­a­tions for em­ploy­ment on Law-Now

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17/08/2022
CMS Ex­pert Guide to refugee im­mig­ra­tion and travel re­quire­ments
Eng­lish (дивиться текст українською нижче)With the aim of provid­ing a single source of in­form­a­tion for Ukrain­i­an refugees con­sid­er­ing where they now go, the CMS em­ploy­ment...
Comparable
17/08/2022
Ukraine passes law grant­ing spe­cial rights to Pol­ish cit­izens
On 28 Ju­ly 2022, the Ukrain­i­an par­lia­ment ad­op­ted the new Law "On the Es­tab­lish­ment of Leg­al and So­cial Guar­an­tees for Cit­izens of the Re­pub­lic of Po­land on the Ter­rit­ory of Ukraine". This Draft Law was...
11/08/2022
Strik­ing Times (3): the cur­rent in­dus­tri­al re­la­tions land­scape in the UK
With strike ac­tion cur­rently tak­ing place across the UK, and with more planned by work­ers in a vari­ety of in­dus­tries, com­par­is­ons are already be­ing drawn to the 1978-1979 Winter of Dis­con­tent. Factors...
03/08/2022
Cryptoassets held by in­di­vidu­als: In­her­it­ance tax and pen­sions tax re­lief
HM Rev­en­ue & Cus­toms (“HM­RC”) con­tin­ues to up­date and ex­pand its guid­ance on the tax­a­tion of cryptoassets held by in­di­vidu­als. In this series, we will ex­plore vari­ous tax top­ics rel­ev­ant to in­di­vidu­als...
02/08/2022
How to handle your (ex)-em­ploy­ees’ health data. The BDPA provides new guidelines...
An em­ploy­ee is leav­ing your com­pany. As a man­ager, you an­nounce in the em­ploy­ee’s ab­sence his/her de­par­ture to your team dur­ing a meet­ing. Such com­mu­nic­a­tion needs to be con­duc­ted in­tel­li­gently to de­fuse...
02/08/2022
Trust­ee Know­ledge up­date
Trust­ees of oc­cu­pa­tion­al pen­sion schemes have a stat­utory duty to en­sure that they have an ad­equate know­ledge and un­der­stand­ing of the leg­al is­sues rel­ev­ant to their scheme.  They must also en­sure that...
02/08/2022
Leg­al is­sues in the meta­verse / Part 4 - Ex­pec­ted im­pact of the EU Ar­ti­fi­cial...
Part 4 - Ex­pec­ted im­pact of the EU Ar­ti­fi­cial In­tel­li­gence Reg­u­la­tion, the meta­verse as a work­place In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world. The emer­gence...
01/08/2022
Rus­sia sanc­tions up­date: UK bans new in­vest­ment in­to Rus­sia
New UK sanc­tions reg­u­la­tions have come in­to force im­pos­ing the most rig­or­ous re­stric­tion on do­ing busi­ness with Rus­sia since the in­va­sion of Ukraine on 24 Feb­ru­ary 2022. The twelfth amend­ment to the Rus­sia...
01/08/2022
Ukraine in­tro­duces a ‘free­dom of con­tract’ in­to em­ploy­ment re­la­tions for...
As part of the on­go­ing re­form of Ukrain­i­an em­ploy­ment law and in re­sponse to the ur­gent needs of Ukrain­i­an busi­nesses af­fected by the full-scale rus­si­an mil­it­ary ag­gres­sion against Ukraine, the Par­lia­ment...
28/07/2022
Ukraine in­tro­duces reg­u­la­tion for zero hours em­ploy­ment agree­ments
As part of the Par­lia­ment of Ukraine's ini­ti­at­ive to re­form the le­gis­lat­ive frame­work and bring la­bour re­la­tions in Ukraine in line with in­ter­na­tion­ally re­cog­nised prac­tices, on 18 Ju­ly 2022 the Par­lia­ment...
28/07/2022
No pro-rat­ing of hol­i­day for “part-year work­ers”
The Su­preme Court has handed down an im­port­ant de­cision on the cal­cu­la­tion of hol­i­day for work­ers who work for vary­ing hours dur­ing only cer­tain weeks of the year but have a con­tract through­out that year...
27/07/2022
Leg­al is­sues in the meta­verse / Part 3 - Data pro­tec­tion chal­lenges, the...
Part 3 - Data pro­tec­tion chal­lenges, the im­port­ance of cy­ber­se­cur­ity, ad­vert­ising reg­u­la­tion in the meta­verse In our first art­icle, we ex­amined the nature of the meta­verse, the shared vir­tu­al world...