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Spring International Conference | May 2-4, 2016
LISBON
The Impact of Millennials an Employment Law and Benefits Perspective
May 4th 2016
Generations at work Baby boomers
Millennials
Generation X
Traditionalists
0
20
40
60
80
2015 2020 2025
Percentage of millennials in the workforce
https://www.usa.gov/statistics
FASTER CAREER ADVANCEMENT
CAREER ADVANCEMENT
FREQUENT FEEDBACK REVIEWS
PEOPLE FIRST INCREASINGLY THE LEADERS OF TODAY
GIVE BACK AMBITION BEYOND PROFIT
ONE FOOT OUT THE DOOR LOYALTY CHALLENGE
FLEXIBLE WORK SCHEDULE AND WORK PLACE
FLEXIBILITY
ATTRACT, RETAIN AND MANAGE
MILLENNIALS
ONE SIZE DOESN’T FIT ALL SOLUTIONS
EMPLOYMENT LAW INSTRUMENTS MANAGEMENT SOLUTIONS
PROFESSIONAL RANK CAREER ADVANCEMENT / REVIEW
SHIFT FOCUS FROM CASH BONUSES
ONE FOOT OUT THE DOOR
TRAINING ONE FOOT OUT THE DOOR
PERMANENCE AGREEMENT ONE FOOT OUT THE DOOR
EXEMPTION FROM A WORK SCHEDULE
FLEXIBILITY
COMPENSATORY TIME OFF FLEXIBILITY
CONCENTRATED WORK SCHEDULE
FLEXIBILITY
TELEWORKING FLEXIBILITY
THANK YOU OBRIGADO
www.espanhaassociados.pt
Dutch Employment Law ‘Millennials proof’? TAGLaw Lisbon 2016
Employment & Labour Specialty Group
Danielle Muller
20th Century
Pag 25
Dutch employment law originates from beginning of 20th century: industrial revolution and emergence of socialist workers’ movement Resulted in: statutory protection of employees against suppression and exploitation by employers
20th Century
Pag 26
Ultimate goal for a worker: permanent (= open-ended) employment contract Strong position for Unions: terms of employment in binding collective bargaining agreements
Employment contracts
Compulsory statutory law 2 types of employment contracts: - permanent (=open-ended) contract: dismissal procedure necessary to terminate
- fixed term contract: terminates automatically by operation of the law
Pag 27
Employment contracts
Legal assumption a person who has been working for another person or corporation every week*) or 20 hours or more every month for at least 3 consecutive months, is assumed to be an employee with a permanent contract. *) regardless the amount of hours
Pag 28
21st Century Hundred years later prevailing political view still: permanent contract is the best thing. January 1st, 2015 Work and Security Act (Wet Werk en Zekerheid) entered into effect. One of the goals: less flexibility. A permanent contract for all employees as soon as possible.
Pag 29
Less flexibility
Pag 30
How? Limited use of fixed term contracts Fixed term employment contract will automatically convert into a permanent employment contract if: - a chain of fixed term employment contracts
covers 24 months or more; or - a chain of three fixed term employment contracts
is continued.
Result: counter effect
Pag 31
Employers hesitant with permanent contracts: - high level of protection against dismissal - high costs of employment: obligation to pay
salary during first 2 years of sickness, statutory severance payment after 24 months of service
Daily practice: - dismissal of flexworkers after 24 months - huge increase of self-employed / independent
contractors
Self-employed/Independent contractors
Hiring self-employed/independent contractors is tricky: - civil law disputes about classification of the relationship
- tax issues System works though: wish for flexibility prevails over risks
Pag 32
Self-employed/Independent contractors
Pag 33
But government not happy. May 1st, 2016 New weapon into ‘fight’ to discourage flexibilty: Decree making employer and independent contractor equally responsible for paying income tax and social premies (instead of sole responsibility independent contractor)
Millenials Millennials: - different view on employment relationship - different desires. - above all want more freedom, more flexibility.
Millenials change jobs more frequently and they live longer.
Pag 34
Millenials
Increase of demand for starters in especially ICT, sales and engineers and technicians à i.e. the Millennials
Expectation: in 2025 Millennials will have approx. 75% of all jobs
Pag 35
Challenges Is employment contract still the Holy Grail? Being an independent contractor suits a part of Millennials better than straitjacket of permanent employment contract. Employment contract 2.0 should reflect: - flexibility for employer ànd employee (hours, terms and conditions, etc.)
- certain level of security/protection of employee.
Pag 36
Philosophical Will it change? Important factor still: the Unions. They have much political influence. But for how long? Unions loose ground among work force. Majority of members is 55+. Young people are not interested in Unions (individualization of society). Pag 37
Philosophical
Pag 38
My view: Unions should let go the idea of permanent contract as the ‘holy grail’ and negotiate broad range of terms and conditions of employment and general budgets. Employer and employee must be able to pick those terms and conditions that suit them best.
Questions?
Any questions?
Thank you!
Pag 39
Contact details Danielle Muller Sophiastraat 22-28, 4811 EM Breda [email protected] Postbus 3404, 4800 DK Breda
T: +31(0)76 5136136 F: +31(0)76 5222552
MillennialsandBenefits
BramBogaardManagingDirectorEurope
“Challengesinachangingworld”
AlexanderBeardInterna9onalBenefits
BramBogaardManagingDirectorEurope
Weassistinterna4onalclientswiththedesign,implementa4onandthe
administra4onofEmployeeBenefitprogramsandstrategiesfortheirEuropean
basedopera4ons
Interna9onalContextNetherlands
1,9mlnjobsatmul9na9onalcompaniesOfwhich0,9mlnatforeigncompanies
2/3ofrevenueintheNetherlandsisearnedbymul9na9onals
SocialSecurity
ThesocialsecuritysystemoftheNetherlandsisbasedonsocialinsurancesandsupplementary
incomesupportprovisions.ThemainprincipleofthesystemoftheNetherlandsisthatall
membersofsocietymustbeabletoplayanequallyac9veroleinsociety
SocialSecurity
Na4onalSocialSecurity Forallci9zensPaidbyincometaxes
Employeesocialinsuranceschemes
ForallemployeesPaidbyemployertaxes
"Bestcountryintheworldtobesick"
Oldagepension
(Un)employment
Disability/Healthsystem
Oldagepension
Statepensionprovidedforallci9zensatage6795%ofemployershaveaddi9onalcorporatepensionplans
-Mandatorypensionfunds -Socialpartnersdecideonlevel -DBplans -Li^leinfluenceindividualemployee
(Un)employement
- 75%oflastearnedwageforthefirsttwomonths- 70%therea`erdependingonindividualcircumstances.- Maximumof36months.Thenumberofsucceedingemploymentcontractsforafixedtermislimitedtothree.Thetotaldura9onoffixedtermcontractsislimitedtotwoyears.Ifthedura9onofthecontractsorthenumberoffixedcontractsexceedsthelegallimit,theemploymentcontractwillautoma9callybecomeacontractforanunlimitedterm.
Disability
Theemployerisrequiredbylawtocon9nuetopayatleast70%ofthesalaryforaperiodof104weeks,duringthefirst52weeksofwhichtheamountofthesalarymustbeatleastequaltominimumwages.MostCollec9velabouragreementsprovidetopupobliga9onto100%firstyear/70%secondyear.
Largereintegra9onobliga9onsemployer
Disability
A`er104weekstheemployeefallsundersocialsecurity.Benefitdependsonlastearnedwageandremainingworkingcapacity
Health
BasicHealthinsuranceiscompulsoryforallresidentsoftheNetherlands.Premiumpaidbyemployertaxesandindividualpremiumtohealthinsurancecompany
MillennialsandBenefits
MillennialsandBenefits
MillennialsandBenefits
MillennialsandBenefits
Currentsystemisnotflexible-Collec9velabouragreements-Focusonunlimitedcontractterm-Historicallystrongunionpresence-Extensivelegalrequirements-Taxlegisla9onlimitsflexibility
Solu9on
FlexBenefits
Thankyou
FlexBenefits