On your radar – Issue 10

International
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Specific responses to universal themes make interesting reading, particularly as we see work and personal lives blending, aided by smartphones. For example, does an employer have a right to read private WhatsApp messages on a work mobile phone? In this edition Switzerland discuss a case where the Zurich High Court ruled that evidence obtained in violation of data protection regulations may not be used in court proceedings, despite finding evidence that the employee had insulted her boss, and was also accused of fabricating sickness. It raises interesting wider questions about the boundaries of personal views in relation to the workplace.

The growth in flexible working is another development, discussed by both Singapore and Spain, as countries respond to changes in the labour market and demands for alternative work models. Spain has now adopted an approach similar to the UK, in that there is a right to request flexible working but not necessarily a right to be granted that request.

And in France following well publicised challenge around wider changes, our colleagues report on the Supreme Court ruling endorsing the Macron scale, imposing a maximum limit on the damages that can be awarded in an unfair dismissal compensation award.

If you want to get in touch to find out more about a development in a particular country covered, or any other CMS jurisdiction, please speak to your usual CMS contact or e-mail employment@cmslegal.com.