Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Legal revolution leads to confusion

by Personnel Today 1 Jun 2001
by Personnel Today 1 Jun 2001

Employment
problems abound across the whole of Europe, and Western European countries are
also wrestling with legislative change. Bo Jones reports

There
is little doubt that the downturn in the US economy is causing ripple effects
on the other side of the Atlantic. Like their American counterparts, companies
across Europe are announcing profit warnings and laying off staff.

But
while people are moving out through one door, others are still coming in
through the other. All across the region there is still a severe shortage of
specialists in many disciplines – IT professionals, marketers and finance are
still in short supply. And firms are having to fight harder and harder to
attract the talent they need.

Kasper
Eldam, editor of the Danish management consultancy EHR, has a sound piece of
advice for European HR executives struggling to be the employer of choice.
"It is extremely important to differentiate between candidates you want to
recruit, and to adopt a suitable strategy," he says.

"There
is a huge difference in recruiting different sorts of workers – general
managers, IT workers and so on – so it is critical that you are prepared to
meet the different demands, questions and ambitions of these types of
employees, and that you do not employ the same recruitment procedure for all of
them," he adds.

In
Denmark, in particular, he sees "company morals and ethics as being
important for some candidates in terms of environment, firm policy, work and so
on".

As
a result, the organisations in Denmark that are looking to attract new hires
are increasingly using "green balance sheets, social balance sheets and
ethical balance sheets", he says.

But
while the market in Western Europe may still be candidate-driven, the situation
in Central and Eastern Europe has, to some extent, taken a dramatic turn
following the recent rouble crisis.

"Until
the crisis," recalls Eric Ligtenbelt, managing director Ukraine, Baltics
and Central Europe of executive search and selection consultancy Commonwealth
Resources, "it was very much a candidate-driven market, but that has
changed considerably. Now there are enough qualified people in the
region."

But
despite the abundance of talent in CEE, companies are still very cautious about
recruiting new hires to fuel their business ambitions. In the Ukraine, for
example, explains Ligtenbelt, "a Soviet-type employment system still
exists, meaning that a company is seen as having to provide employment".

He
continues, "Once you’ve hired an individual, it is extremely difficult to
get rid of them even if they are underperforming. Three formal written warnings
have to be given within a set period of time. These warnings are often heavily
disputed by the employee and during that time you can miss the period in which
they can be dismissed. Then, the whole process has to start again from the
beginning."

However,
he admits, there is a new generation of employees – the 25- to 35-year-olds –
who are looking to make a career for themselves. Although they are aware of
employment laws and the ease with which they can stay with one firm, they tend
to be much more flexible and willing to move from company to company if they
find better prospects elsewhere.

Hungary,
too, has a stringent labour code. According to the Federation of European
Employers, the Hungarian government "specifies various conditions of
employment, including termination procedures, severance pay, maternity leave,
training, union consultation rights in the context of some management decisions,
annual and sick leave entitlement, and labour conflict resolution
procedures".

The
labour laws of Western Europe are less strict in most countries. But despite
their comparative leniency, they can be just as complex and open for discussion.

In
France, for example, employers are grappling with the introduction of the
35-hour week, which was brought in by legislation last year. Introduced with
the aim of combating unemployment in the country (currently among the highest
in the European Union), the 35-hour working week is expected to create 500,000
jobs by 2003.

But
despite its good intentions it has thrown up a whole host of other staffing
issues for firms, among them the definition of legal working time, overtime and
compensation, the issue of part-timers and distinction of different levels of
employees.

The
Netherlands also saw discussion about working hours last year with a new item
of employee-oriented working time flexibility legislation being introduced that
gives employees the right to request an extension or a shortening of their
working hours.

The
government in Belgium is also encouraging social partners to discuss working
time reduction and has agreed to reduce the maximum working week from the
current 39 hours to 38 hours by 2003. Spain has opened the debate over a
35-hour week, although no formal decision has yet been made.

In
Germany, new laws mean that employees have the right to request a reduction in
working hours to become part-time employees and an employer cannot refuse them
without a valid reason.

In
the UK, employment laws are currently more focused on discrimination than
working time. In particular, age discrimination, with the government advocating
a code of practice on age diversity in employment.

And
in Denmark, the political agenda is more geared towards the right to
transparency in salary and the legal protection of part-time workers. As EHR’s
Eldam laments, "The legal problems always seem to evolve when employees
are sacked because of cutbacks and rationalisation, because the reasons have to
be impartial." This is particularly true in the case of mergers and
acquisitions, an ever more common event in today’s global world of business.

"The
conditions of benefits, salary negotiations, insurance and the like must be in
place in formal contracts before the merger or takeover happens. In that way
conflicts over which company policy or rules are to be followed in the future
can be eliminated," he advises.

But,
he adds, "M&As often result in dismissals and in Denmark, these can be
difficult to justify in a legally acceptable way."

Top
tips for hiring in Europe

–
Don’t oversell the job and the company culture to the candidate, it will
backfire on you.

–
Don’t expect the candidate to be loyal to your company – you cannot guarantee
them a job for life (and they probably wouldn’t want it anyway) so they should
not be expected to promise to stay with you forever.

–
Don’t ask if a potential female employee is pregnant or planning to become
pregnant. This still happens across the region and is a real
"turn-off" for candidates.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Further
information…

www.ehr.dk (EHR)
www.euen.co.uk (Federation of European
Employers)
www.eiro.eurofound.ie (European
Foundation for the Improvement of Living and Working Conditions)
www.newwork.com (Gary Johnson’s Brave New
Work World)
www.germany-recruitment.com
(DCO Consulting)

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Training is the key to retention in the telecoms sector
next post
Chief execs are overpaid and underperforming, claims report

You may also like

Forward features list 2025 – submitting content to...

23 Nov 2024

Features list 2021 – submitting content to Personnel...

1 Sep 2020

Large firms have no plans to bring all...

26 Aug 2020

A typical work-from-home lunch: crisps

24 Aug 2020

Occupational health on the coronavirus frontline – ‘I...

21 Aug 2020

Occupational Health & Wellbeing research round-up: August 2020

7 Aug 2020

Acas: Redundancy related enquiries surge 160%

5 Aug 2020

Coronavirus: lockdown ‘phase two’ may bring added headaches...

17 Jul 2020

Unemployment to top 4 million as workers come...

15 Jul 2020

Over 1,000 UK redundancies expected at G4S Cash...

14 Jul 2020

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+