Europe

E-LEGAL® NEWSLETTER – SEPTEMBER 2020

I. EDITORIAL – AMENDMENT OF THE EXCEPTIONAL AND TEMPORARY MEASURES IN THE CONTEXT OF THE COVID-19 PANDEMIC

The month of September was characterised, at the legislative level by Decree-Law no. 78-A/2020, of September 29, which brought another amendment of the exceptional and temporary measures relating to the COVID-19 disease pandemic.

It is also worth mentioning, at the legislative level, Law no. 58-A/2020, of September 30, which extended the extraordinary regime of protection for tenants until the end of 2020. Read more…

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ILN Releases Paper on Paid Leave in EMEA

The following paper aims to succinctly address the question “Are employees entitled to paid leave due to Covid-19?” in the EMEA region. Read more…

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Luxembourg’s Teleworking Agreements with Neighboring Countries Remove Tax and Social Security Burdens During the COVID-19 Pandemic

As we have previously highlighted, many countries have introduced creative new approaches to address the economic realities of the COVID-19 pandemic.  As employees continue to work from home and employers reconsider whether employees must return to the workplace at all, some jurisdictions are implementing measures to accommodate the needs and interests of both employers and employees in the ever-changing and evolving employment environment.  Luxembourg is yet another example of a country that has sought to develop solutions with its neighboring nations to ease the economic burden of the COVID-19 pandemic on workers.

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NCOVID-19 & FORCE MAJEURE

The pandemic situation related to the NCovid-19 virus spread, as it has been declared by the World Health Organization, and the effects of the measures introduced, both at a national and international level, are raising serious challenges to companies and families, which could jeopardize the stability of business and, consequently, of the worldwide economy.

From a legal standpoint, it is necessary to assess if the above-mentioned outbreak constitutes, or not, a force majeure situation, especially regarding its effects on the fulfilment of contracts. Read more…

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COVID19 – REGULATION UPDATED ON 08/13/2020

Covid19 – Regulation updated on 08/13/2020 can be read here.

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Luxembourg Employers Face Additional Obligations During Heat Waves in the Midst of COVID-19

On August 8, 2020, in response to local meteorology reports of expected temperatures of above 95°F, Luxembourg’s Ministry of Health announced a “red alert warning,” and implemented a Heat Wave Plan. The Heat Wave Plan (i) advises that older individuals, infants, and those with chronic illnesses may be affected by such high temperatures and (ii) offers personal check-in and hydration services by the Luxembourg Red Cross and home care agencies. All such visits must adhere to COVID-19 safety procedures.

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EMPLOYMENT CONTRACT OF THE SPORTSPERSON & COVID-19 – THE IMPACT OF THE NEW CORONAVIRUS ON THE DURATION OF THE EMPLOYMENT BOND AND RETRIBUTION OF THE SPORTSPERSON

The sports phenomenon, with particular emphasis on professional sport, especially the legal-labour relationship of the sports practitioner, has special and complex specificities based on the axis of the mandatory labour relationship between the athlete and his employer. Read more…

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COVID-19: Navigating your Construction Contract post-pandemic

Construction disputes are likely to increase in number due to COVID-19 related issues. Caitlin Love sets the foundations to keep construction contracts standing.

In brief: Construction contracts totalling circa €17.9 billion have been halted in Ireland since the outbreak of COVID-19. Despite the restrictions having eased within the construction sector we have yet to witness the full impact of the pandemic within the industry. Employer/Contractor disputes due to the resulting delays and costs will inevitably develop. In any arising disputes, ultimately the type of contract entered into by the parties, and the wording of the relevant provisions within the contract, will be significant factors in determining where liability rests for the contractual consequences of the pandemic.

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ILN: Unprecedented Aid During the COVID-19 Crisis

The ILN’s Labor & Employment Group has put together a summary document, addressing the question, “In the UK the government has stepped in with unprecedented aid such as paying 80% of employees’ salaries who are at home and not working up to £2500 per month. There are also a raft of other financial measures. What measures have been enacted in your jurisdictions, and what are the impacts?” Click the guide below to see responses from 11 jurisdictions.

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First introduction of cramdown in Russian Bankruptcy

In addition to recent measures supporting the economy and preventing spread of COVID-19 a new law No. 166-FZ dated 8 June, 2020 “On amendments to certain legislative acts of the Russian Federation with a view to taking urgent measures aimed at ensuring sustainable economic development and preventing the consequences of the spread of a novel coronavirus infection” was adopted (hereinafter referred to as Law no. 166). Law No. 166 amended regulations provided by the Bankruptcy law1 with several novels.

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