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12 May 2021
The new world of work in Slov­akia
The COV­ID-19 pan­dem­ic and the meas­ures put in place in re­sponse in coun­tries around the world – in­clud­ing Slov­akia – have com­pelled em­ploy­ers and em­ploy­ees to ad­opt a new vis­ion for work. Count­less busi­nesses have sur­vived dur­ing the crisis by hav­ing em­ploy­ees con­duct their work from home.Now, months after the pan­dem­ic began in Slov­akia, home-of­fice re­mote work has proven so ef­fect­ive, it is be­ing con­sidered for the post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This pub­lic­a­tion – based on the 1 Decem­ber 2020 we­bin­ar The Fu­ture is Now: The New World of Work in Slov­akia and hos­ted by em­ploy­ment law­yers Sona Hankova and Ivana Hov­an­cova with CMS Slov­akia – dis­cusses how tele­work and home-of­fice work im­pact the work­place and ex­plores the chal­lenges that these forms of em­ploy­ment pose for work­ers and com­pan­ies, both now and in the years to come. This art­icle also refers to amend­ments to the Slov­aki­an La­bour Code, which went in­to ef­fect on 1 March 2021. Read the art­icle and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in Aus­tria
The COV­ID-19 pan­dem­ic and the meas­ures put in place in coun­tries around the world – in­clud­ing Aus­tria – has com­pelled em­ploy­ers and em­ploy­ees to ad­opt a new vis­ion for work, such as work from home.Year after the pan­dem­ic began, home-of­fice re­mote work has proven so ef­fect­ive, it could be­come part of the post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This pub­lic­a­tion – based on the 19 Janu­ary 2021 we­bin­ar The Fu­ture is Now: The New World of Work in Aus­tria and hos­ted by em­ploy­ment ex­perts and coun­sels Daniela Krömer with CMS Aus­tria – dis­cusses how home­work­ing im­pacts the tra­di­tion­al of­fice en­vir­on­ment, and the im­plic­a­tions for work­ers and com­pan­ies. Watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in the Neth­er­lands
The COV­ID-19 pan­dem­ic and the meas­ures put in place in coun­tries around the world – in­clud­ing the Neth­er­lands – has com­pelled em­ploy­ers and em­ploy­ees to ad­opt a new vis­ion for work, such as work from home.Year after the pan­dem­ic began, home-of­fice re­mote work has proven so ef­fect­ive, it could be­come part of the post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This pub­lic­a­tion – based on the 9 Feb­ru­ary 2021 we­bin­ar The Fu­ture is Now: The New World of Work in the Neth­er­lands and hos­ted by em­ploy­ment ex­perts and coun­sels Katja van Kran­en­burg and Ravi van den Boomen – dis­cusses how home­work­ing im­pacts the tra­di­tion­al of­fice en­vir­on­ment, and the im­plic­a­tions for work­ers and com­pan­ies. Read the art­icle, listen to the pod­cast and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in Rus­sia
As a res­ult of COV­ID-19 and meas­ures put in place in re­sponse to the pan­dem­ic, busi­nesses around the world – in­clud­ing in Rus­sia – have ad­op­ted new in­nov­a­tions in the area of em­ploy­ment. One such in­nov­a­tion is work from home.A year after the pan­dem­ic began, home-of­fice re­mote work has proven so ef­fect­ive, many be­lieve it will be­come a fix­ture of our post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This pub­lic­a­tion – based on the 2 March 2021 we­bin­ar The Fu­ture is Now: The New World of Work in Rus­sia and hos­ted by la­bour law ex­perts Ir­ina Sk­vortsova and Eka­ter­ina Elekchy­an with CMS Rus­sia – ex­plores the im­pact of home­work­ing in Rus­sia for both work­ers and com­pan­ies. Read the art­icle, listen to the pod­cast and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in Slov­e­nia
As a res­ult of COV­ID-19 and meas­ures put in place in re­sponse to the pan­dem­ic, coun­tries around the world – in­clud­ing Slov­e­nia – had to ad­apt their or­gan­isa­tions in the area of em­ploy­ment in a bid to keep their work­ers safe and pro­duct­ive. The most com­mon way was re­sort­ing to the in­stru­ment of work from home. Now, more than a year after the pan­dem­ic began, , many be­lieve home-of­fice work will be­come a fix­ture of our post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This page – based on the 16 March 2021 we­bin­ar The Fu­ture is Now: The New World of Work in Slov­e­nia and hos­ted by la­bour law ex­pert Amela Žrt with CMS Slov­e­nia – ex­plores the im­pact of home­work­ing in Slov­e­nia for both work­ers and com­pan­ies. Read the art­icle, listen to the pod­cast and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in Singa­pore
As a res­ult of COV­ID-19 and meas­ures put in place in re­sponse to the pan­dem­ic, coun­tries around the world – in­clud­ing Singa­pore – have ad­op­ted new in­nov­a­tions in the area of em­ploy­ment in a bid to keep their work­ers safe and pro­duct­ive. One such in­nov­a­tion is work from home.Now, a year after the pan­dem­ic began, home-of­fice re­mote work has proven so ef­fect­ive, many be­lieve it will be­come a fix­ture of our post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This art­icle – based on the 9 March 2021 we­bin­ar The Fu­ture is Now: The New World of Work in Singa­pore and hos­ted by em­ploy­ment law ex­perts Lak­sh­anthi Fernando and Wei Ming Tan from CMS Hol­born Asia – ex­plores the im­pact of home­work­ing in Singa­pore for both work­ers and com­pan­ies. Read the art­icle, listen to the pod­cast and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in Po­land
As a res­ult of COV­ID-19 and meas­ures put in place in re­sponse to the pan­dem­ic, coun­tries around the world – in­clud­ing Po­land – have ad­op­ted new in­nov­a­tions in the area of em­ploy­ment in a bid to keep their work­ers safe and pro­duct­ive. One such in­nov­a­tion is work from home.A year after the pan­dem­ic began, home-of­fice re­mote work has proven so ef­fect­ive, many people be­lieve it will be­come a fix­ture of our post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This art­icle – based on the 23 Feb­ru­ary 2021 we­bin­ar The Fu­ture is Now: The New World of Work in Po­land and hos­ted by CMS leg­al ex­perts Ma­ciej An­drze­jew­ski and Aleksandra Ga­jz­ler­ska with CMS Po­land – ex­plores the im­pact of home­work­ing in Po­land for both work­ers and com­pan­ies. Read the art­icle, listen to the pod­cast and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in the United King­dom
The COV­ID-19 pan­dem­ic and the meas­ures put in place in re­sponse in coun­tries around the world – in­clud­ing the United King­dom – have com­pelled em­ploy­ers and em­ploy­ees to ad­opt a new vis­ion for work. Count­less busi­nesses have sur­vived dur­ing the crisis by hav­ing em­ploy­ees con­duct their work from home.Now, one year after the pan­dem­ic began, home-of­fice re­mote work has proved so ef­fect­ive, it is be­ing con­sidered for the post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This art­icle – based on the 8 Decem­ber 2020 we­bin­ar The Fu­ture is Now: The New World of Work in the UK and hos­ted by em­ploy­ment law­yers Gary Hende­r­son and El­eni Sid­er­is with CMS UK – dis­cusses how tele­work and home-of­fice work im­pact the tra­di­tion­al work­place, and ex­plores the chal­lenges that these forms of em­ploy­ment pose for work­ers and com­pan­ies, both now and in the years to come. Read the art­icle and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in Bul­garia
As a res­ult of the COV­ID-19 pan­dem­ic and meas­ures put in place in re­sponse, coun­tries around the world – in­clud­ing Bul­garia – have ad­op­ted new in­nov­a­tions in the area of em­ploy­ment in a bid to keep their work­ers safe and pro­duct­ive. One such in­nov­a­tion is work from home.More than a year after the pan­dem­ic began, home-of­fice work has proven so ef­fect­ive, many be­lieve it will be­come a fix­ture of our post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This art­icle – based on the 30 March 2021 we­bin­ar The Fu­ture is Now: The New World of Work in Bul­garia and hos­ted by la­bour law ex­perts Atanas Bangachev and Maria Har­iz­an­ova with CMS Sofia – ex­plores the im­pact of 're­mote work' in Bul­garia for both work­ers and com­pan­ies. Read the art­icle, listen to the pod­cast and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
The new world of work in China
As a res­ult of COV­ID-19 and meas­ures put in place in re­sponse to the pan­dem­ic, coun­tries around the world – in­clud­ing China – have ad­op­ted new in­nov­a­tions in the area of em­ploy­ment in a bid to keep their work­ers safe and pro­duct­ive. One such in­nov­a­tion is work from home.Now, more than a year after the pan­dem­ic began, home-of­fice work has proven so ef­fect­ive, many be­lieve it will be­come a fix­ture of our post-pan­dem­ic fu­ture. But re­mote work raises a host of leg­al and ad­min­is­trat­ive chal­lenges. This art­icle – based on the 23 March 2021 we­bin­ar The Fu­ture is Now: The New World of Work in China and hos­ted by la­bour law ex­perts Jean­nette Yu and Sophy Wang with CMS China – ex­plores the im­pact of home­work­ing in China for both work­ers and com­pan­ies. Read the art­icle, listen to the pod­cast and watch we­bin­ar re­cord­ing on this top­ic be­low.
12 May 2021
Fu­ture of Work
This guide helps you find an­swers to es­sen­tial ques­tions about mo­bile work­ing.
12 May 2021
Sus­tain­ab­il­ity and gre­en­wash­ing – the Dutch view
Con­sumers in­creas­ingly con­sider sus­tain­ab­il­ity when mak­ing pur­chases. As a res­ult, more and more com­pan­ies are us­ing sus­tain­ab­il­ity claims on the pack­aging of their products and in ad­vert­ise­ments. This prac­tice, how­ever, cre­ates the risk of "gre­en­wash­ing": the dis­sem­in­a­tion of dis­in­form­a­tion to present an en­vir­on­ment­ally re­spons­ible pub­lic im­age by us­ing mis­lead­ing word­ing or vague claims. Ac­cord­ing to the Dutch Au­thor­ity for Con­sumer & Mar­kets ("ACM"), gre­en­wash­ing can re­duce con­sumer trust and lead to un­fair com­pet­i­tion. To ad­dress this, the ACM has re­cently pub­lished guidelines on sus­tain­ab­il­ity claims. Con­sumers and or­gan­isa­tions also seem to be alert to the is­sue of gre­en­wash­ing. Sev­er­al com­plaints about sus­tain­ab­il­ity claims have been sub­mit­ted to the Ad­vert­ising Code Com­mit­tee ("ACC") in the re­cent years. This art­icle dis­cusses the guidelines on sus­tain­ab­il­ity claims of the ACM and the AC­C's ap­proach to sus­tain­ab­il­ity claims. ACM Guidelines on Sus­tain­ab­il­ity Claims Sus­tain­ab­il­ity is one of ACM's key pri­or­it­ies in 2021. The ACM, which not only su­per­vises com­pet­i­tion law but also un­fair com­mer­cial prac­tices in the Neth­er­lands, pub­lished the fi­nal ver­sion of their Guidelines on Sus­tain­ab­il­ity Claims on 28 Janu­ary 2021. Two days earli­er it had already pub­lished its fi­nal draft Guidelines on Sus­tain­ab­il­ity Agree­ments on the ap­plic­a­tion of com­pet­i­tion law to sus­tain­ab­il­ity agree­ments between un­der­tak­ings.The Guidelines on Sus­tain­ab­il­ity Claims con­tain five rules of thumb that are ex­plained us­ing vari­ous ex­amples. First, com­pan­ies should make clear the sus­tain­ab­il­ity be­ne­fits that a giv­en product of­fers. Second, the sus­tain­ab­il­ity claims used must be sub­stan­ti­ated with facts and kept up-to-date. Third, com­par­is­ons with oth­er products, ser­vices or com­pan­ies must be fair. Fourth, com­pan­ies must be hon­est and spe­cif­ic about their sus­tain­ab­il­ity ef­forts. Lastly, visu­al claims and la­bels should be help­ful to con­sumers and not con­fus­ing.Upon its pub­lic­a­tion, the ACM com­mu­nic­ated that its Guidelines on Sus­tain­ab­il­ity Claims would serve as basis for en­force­ment by its con­sumer pro­tec­tion de­part­ment. Three months later, on 3 May 2021, the ACM com­mu­nic­ated that it had in­deed launched in­vest­ig­a­tions in three sec­tors in which it pre­vi­ously had found many po­ten­tially mis­lead­ing claims: en­ergy, di­ary and clothes. Over 170 com­pan­ies act­ive in these sec­tors re­ceived let­ters from the ACM in which they were asked to check the ac­cur­acy of their sus­tain­ab­il­ity claims. In the let­ters, the ACM an­nounced that as from 14 June 2021 it would as­sess the ef­fects of its ac­tion and start fin­ing com­pan­ies that still com­mu­nic­ate claims they can­not ful­fil.The ACM can sanc­tion a vi­ol­a­tion by im­pos­ing an ad­min­is­trat­ive fine of up to EUR 900,000 or 1% of the gross turnover. Dutch Ad­vert­ising Code The Neth­er­lands also has a self-reg­u­lat­ing sys­tem re­gard­ing ad­vert­ising, which in­cludes la­belling. The ACC is the body deal­ing with this sys­tem and the rules on ad­vert­ising are con­tained in the Dutch Ad­vert­ising Code (“DAC”). Any­one who be­lieves that an ad­vert­ise­ment vi­ol­ates the DAC can sub­mit a com­plaint to the ACC. In case of a DAC vi­ol­a­tion, the ACC will up­hold the com­plaint and re­com­mend that the ad­vert­isers in­volved dis­con­tin­ue this ad­vert­ising. The ACC can­not grant dam­ages or im­pose any fines. However, over 95% of all ACC re­com­mend­a­tions are re­spec­ted due to the AC­C's policy of "nam­ing and sham­ing" – pub­lish­ing the names of ad­vert­isers un­will­ing to com­ply and co­oper­ate on the ACC web­site. Spe­cial Ad­vert­ising Code for En­vir­on­ment­al Ad­vert­ising Sus­tain­ab­il­ity claims can be seen as en­vir­on­ment­al claims. This means that the Spe­cial Ad­vert­ising Code for En­vir­on­ment­al Ad­vert­ising ("CEA") is ap­plic­able. The CEA ap­plies to the en­tire life cycle of all goods and ser­vices – from pro­duc­tion to waste pro­cessing. Based on Art­icle 3 CEA, en­vir­on­ment­al claims must be demon­strably cor­rect and since en­vir­on­ment­al claims are of­ten for­mu­lated in ab­so­lute terms, stricter re­quire­ments are im­posed on the evid­ence the ad­vert­iser must provide. Ad­vert­ising Code Com­mit­tee The im­port­ance of fact-based proof in sus­tain­ab­il­ity claims was high­lighted in sev­er­al ACC judg­ments. For ex­ample, the ACC ruled that the claim "100% com­postable" on Bioodi cof­fee cups was mis­lead­ing be­cause Bioodi could only demon­strate through test res­ults that the cof­fee cups were 90% com­postable (ACC 9 March 2020, 2020/00059). Ac­cord­ing to the ACC, the as­sump­tion that a 90% de­grad­a­tion dur­ing the test peri­od ul­ti­mately means that the cof­fee cups are 100% com­postable is in­con­sist­ent with the re­quire­ment of Art­icle 3 CEA that an en­vir­on­ment­al claim must be demon­strably cor­rect.Fur­ther­more, the ACC con­sidered the claim "This plastic bag is en­vir­on­ment­ally friendly" mis­lead­ing since en­vir­on­ment­ally harm­ful fossil en­ergy was needed for both the man­u­fac­ture and re­cyc­ling of the bag (ACC 24 Ju­ly 2014, 2014/00325).The claim “our pack­aging is 100% re­cyc­lable” on plastic bottles of Coca-Cola was not con­sidered to be in vi­ol­a­tion of Art­icle 3 CEA of the ACC be­cause Coca-Cola had suf­fi­ciently sub­stan­ti­ated that its bottles are made of fully re­cyc­lable ma­ter­i­als. It did so by cit­ing the guidelines of the European PET Bottle Plat­form and demon­strat­ing that its bottles are made from trans­par­ent PET, which is con­sidered a re­cyc­lable ma­ter­i­al based on these guidelines (ACC 20 Decem­ber 2017, ACC 2017/00812). The ACC noted that the claim "100% re­cyc­lable" does not mean that the ma­ter­i­als ac­tu­ally have to be 100% re­cycled.Green­peace, the party that filed the claim, also charged that the com­pany was in vi­ol­a­tion of Art­icle 10 CEA since the re­cyc­ling of half-litre bottles in­to new Coca-Cola bottles did not take place in prac­tice. Art­icle 10 CEA states that en­vir­on­ment­al claims re­lated to the re­cyc­ling of products or parts of products are per­miss­ible only if a suf­fi­cient pro­por­tion of the re­com­men­ded products or parts are ac­tu­ally re­cycled. Coca-Cola provided a re­port from Sticht­ing Ned­vang, which re­gisters the col­lec­tion and re­cyc­ling of all pack­aging waste in the Neth­er­lands, show­ing that 70% of small bottles in the Neth­er­lands are re­cycled and a part of those bottles are used in new bottles. The ACC con­sidered this suf­fi­cient evid­ence to meet the cri­ter­ia of Art­icle 10 CEA. Con­clu­sion The above ex­amples show that sus­tain­ab­il­ity claims re­quire care­ful con­sid­er­a­tion since Dutch reg­u­lat­ors, con­sumers and or­gan­isa­tions pay close at­ten­tion to these claims. Or­gan­isa­tions that are act­ive in the Neth­er­lands are ad­vised to re­con­sider the use of cer­tain sus­tain­ab­il­ity claims and as­sess wheth­er they can demon­strate the ac­cur­acy of these claims when re­ques­ted.