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Employment & Pensions

International

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.

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June 2020
CMS Em­ploy­ment & Pen­sions Glob­al Bro­chure
In the people busi­ness The CMS net­work cov­ers 43 coun­tries with over 70 of­fices world­wide. We have the largest team of em­ploy­ment spe­cial­ists in Europe and a strong pres­ence in the Afric­an, Asi­an and...
27 April 2020
CMS Ex­pert Guide to gov­ern­ment sup­port for em­ploy­ers and work­ers
Ger­many, Aus­tria and Switzer­land have an in­stru­ment called Kur­z­arbeit (“short-time work­ing”) ac­cord­ing to which em­ploy­ees’ work­ing time is re­duced (of­ten to “zero”) dur­ing a crisis and the em­ploy­er re­ceives state or gov­ern­ment­al sub­sidies for a certa
Em­ploy­ment on Law-Now
Find out rel­ev­ant art­icles and pub­lic­a­tions for em­ploy­ment on Law-Now

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25 January 2021
Tur­key in­tro­duces new so­cial se­cur­ity in­cent­ives
On 17 Novem­ber 2020, Tur­key en­acted the Re­struc­tur­ing of Cer­tain Pub­lic Claims and Amend­ment of Cer­tain Laws Law No. 7256, which in­tro­duces new pro­vi­sions for the re­struc­tur­ing of pub­lic claims and the...
January 2021
CMS On your radar | Is­sue 14
Wel­come to the latest edi­tion of "On your radar", which is a story of two halves…   First, we take the op­por­tun­ity to look back at de­vel­op­ments dur­ing 2020, in many cases high­light­ing those that...
22 January 2021
EDPB is­sues draft guidelines for data breach no­ti­fic­a­tions
Fur­ther to the GDPR re­quire­ment for re­port­ing per­son­al data breaches to the com­pet­ent data pro­tec­tion au­thor­ity and, in cer­tain cases, to af­fected in­di­vidu­als, the European Data Pro­tec­tion Board (EDPB)...
22 January 2021
Cla­ri­fy­ing the ter­rit­ori­al reach of the GDPR in data pro­tec­tion lit­ig­a­tion
On 15 Janu­ary 2021, judg­ment was handed down in the High Court by Mr Justice Jay in the case of Sori­anzo v (1) Forensic News LLC (2) Scott Sted­man (3) Eri Levai (4) Jess Cole­man (5) Robert De­nault and...
22 January 2021
Ger­many amends the law against re­straints of com­pet­i­tion
On 20 Janu­ary 2021, ex­tens­ive amend­ments to Ger­man com­pet­i­tion law came in­to force with the en­act­ment of the 10th amend­ment to the Ger­man Act against Re­straints of Com­pet­i­tion (GWB), which was passed...
20 January 2021
Hold onto the good and keep ad­dress­ing the bad – the im­pact of the pan­dem­ic...
The pan­dem­ic has im­pacted vir­tu­ally every as­pect of our lives, po­ten­tially chan­ging the way we work and com­mu­nic­ate for ever. Em­ploy­ers have had, in many cases, no choice oth­er than to ad­opt re­mote work­ing...
18 January 2021
Simpson v Can­tor Fitzger­ald Europe: Whis­tleblow­ing re­mind­er – new year,...
In the realms of whis­tleblow­ing pro­tec­tion un­der the Pub­lic In­terest Dis­clos­ure Act 1998 (PIDA), es­tab­lish­ing if a work­er has made a qual­i­fy­ing pro­tec­ted dis­clos­ure is a key hurdle in de­term­in­ing wheth­er...
15 January 2021
Tur­key in­tro­duces Com­mer­cial Elec­tron­ic Com­mu­nic­a­tion Man­age­ment Sys­tem
The Turk­ish Min­istry of Com­merce (the "Min­istry") has made sig­ni­fic­ant amend­ments to the Com­mer­cial Com­mu­nic­a­tions and Com­mer­cial Elec­tron­ic Mes­sages Reg­u­la­tion, which over­sees com­mer­cial com­mu­nic­a­tions...
14 January 2021
Belt and Road videocasts
Go to BRI homepage Wel­come to the CMS videocasts on Belt and Road The series ex­plores the top­ics that have been iden­ti­fied in our glob­al re­search study as be­ing top of mind for par­ti­cipants in BRI pro­jects...
13 January 2021
EU­'s Por­tuguese pres­id­ency re­leases new draft of ePri­vacy Reg­u­la­tion
On 5 Janu­ary 2021, the Coun­cil of the EU – with Por­tugal serving as the Pres­id­ent-in-Of­fice – re­leased a new draft ver­sion of the ePri­vacy Reg­u­la­tion, which is meant to re­place the ePri­vacy Dir­ect­ive...
13 January 2021
The EU-UK Trade and Co-op­er­a­tion Agree­ment (TCA): what does it mean for...
The trade deal (re­ferred to as the TCA) which the UK reached with re­gard to the EU late in Decem­ber last year has some im­pact on em­ploy­ment law, par­tic­u­larly with re­gard to fu­ture em­ploy­ment rights and...
12 January 2021
The Fu­ture is Now: The new world of work in Monaco
The COV­ID-19 pan­dem­ic and the meas­ures put in place in re­sponse in coun­tries around the world – in­clud­ing Monaco – have com­pelled both em­ploy­ers and em­ploy­ees to ad­opt a new vis­ion for work. Count­less...