Thursday 19 May 2016 Time

Topic

03.00 pm – 05.00 pm Tyrolka

Board Meeting, Hilton Prague

03.00 pm – 07.00 pm

REGISTRATION, Hilton Prague

05.00 pm – 06.00 pm Tyrolka

Meeting of representatives of national employment law association, Hilton Prague Bus departure from the Hilton Hotel Prague (Lower Lobby Entrance, signposted) Walking possible (10 min) – map at Registration Desk Cocktail Reception, St. Agnes Convent Please bring your voucher, which you will find in your delegate badge

06.30 pm 07.00 pm - 10.00 pm 09.30 pm – 10.00 pm

Return buses to Hilton Prague are scheduled for 9:30, 10:00 and 10:30 pm.

Friday 20 May 2016 Time 08.00 am – 06.00 pm

Topic REGISTRATION, Hilton Prague Welcome by:

09.10 am – 09.30 am Grand Hilton Ballroom

Claire Toumieux, Chairman of EELA Nataša Randlová, Chairman of the Organising Committee Robert Němec – Vice Chairman of Czech Bar Association The Soul of Europe: The Search for a Common European Identity, and the Cultural Model of the Process of European Unification - Msgr. Prof. Tomáš Halík PhD, DD

09.30 am – 10.30 am Grand Hilton Ballroom

10.30 am – 11.00 am

Professor of sociology at Charles University, Prague), pastor of the Academic Parish, and President of the Czech Christian Academy, he was also a visiting professor at Oxford University, Cambridge University and Harvard University. In 1992, Pope John Paul II appointed him as an advisor to the Pontifical Council for Dialogue with Non-Believers and in 2009, Pope Benedict XVI granted him the title of Monsignor - Honorary Prelate of His Holiness. In 2014 he was awarded The Templeton Prize for Progress Toward Research or Discoveries about Spiritual Realities. Coffee Break Human Migration Across Europe – A New Challenge For All of Us

Plenary Session 11.00 am – 12.30 pm Grand Hilton Ballroom

Migration into and across Europe has increased dramatically. This panel looks beyond employment law at the wider human rights and economic context. How should Europe manage the influx of refugees and help them integrate into the European workforce? How will this affect existing

employment structures and what other measures need to be taken to deal with the wider economic and social impact? Should the reasons for migration make a difference in our response? Is there an alternative approach? Session Leader: - Juliet Carp (DORSEY & WHITNEY (EUROPE) LLP) – United Kingdom Session Speakers: - Federico Torzo (Macchi di Cellere Gangemi) - Italy - Šimon Pánek – Managing Director of the biggest Czech non-profit organisation People in Need, www. http://www.clovekvtisni.cz/en - Czech Republic - Karl Waheed (karl Waheed Avocats) – France 12.30 pm – 02.00 pm

Lunch On-Demand Economy / There’s an App for That

Parallel Session I. 02.00 pm – 03.30 pm Grand Hilton Ballroom

Some regard on-demand economy as the – rapidly growing - key structure for service providers in the future. There’s an App for (nearly) every service. While initially introduced by taxi services such as Uber, this business model has spread to consultants (e.g. Eden McCallum), lawyers (e.g. Axiom), medical care (e.g. Medicast) and home help (e.g. Handy) as well. The basic idea of on-demand economy is to provide services to customers without having a permanent workforce. Consequently, companies in this industry merely act as intermediaries between customers and service providers via apps. How does this system work? Does it give rise to employment relationships or independent contractors? In case of the former - who would be the employer? Do differences exist depending on the line of business involved? How should a business on demand structure be implemented? What about criminal sanctions? What about data protection? The panel members will discuss these and other business on-demand issues with regard to different jurisdictions. Session Leader: - Stefan Lingermann (Gleiss Lutz) - Germany Session Speakers: - Salvador del Rey (Cuatrecasas) - Spain - Dan Ornstein (Proskauer) – United Kingdom - Astrid Helstone (Stibbe) - Netherlands The direct effect of the International Labor Organization Standards to individual claims

Parallel Session II. 02.00 pm – 03.30 pm Karlín I

ILO Conventions provide for worldwide employment standards, some of which may be different from national rules, providing for greater protection. How do courts in European jurisdictions apply such provisions of ILO Conventions? Speakers will focus on how courts apply or refer to ILO conventions, more specifically conventions n°158 on the Termination of Employment, n°98 on the Right to Organise and Collective Bargaining Convention and n°14 on the Weekly Rest. Session Leader: - Etienne Pujol (STC Partners) - France Session Speakers: - Colin Fenwick (ILO, Head, Labour Law and Reform Unit) - Switzerland

- Barnabás Buzási (FALUDI WOLF THEISS) - Hungary Managing Extremism in the Workplace

Parallel Session III. 02.00 pm – 03.30 pm Palmovka

Extremism expressed in the workplace, notably concerning religion, is a growing concern for many of our clients. The panel will discuss case studies involving the expression of religious beliefs at work and will outline country specifics. What is acceptable in the workplace? What limitations can be placed on religious freedom and the freedom of expression of employees? The panel will refer to national and European case-law, while benefitting from the points of view of lawyers on the periphery of Europe with different outlooks. Panel members expect to have a very interactive discussion, with the audience sharing their own experiences and questions/comments. Session Leader: - Anne-Laure Peries (CAPSTAN Avocats) - France Session Speakers: - Orly Gerbi (Herzog Fox Neeman) - Izrael - Roch Pałubicki (SOŁTYSIŃSKI KAWECKI & SZLĘZAK) – Poland

03.30 pm – 03.50 pm

Coffee Break Internal Investigations: The Role for Employment Lawyers and Best Practices

Parallel Session IV. 03.50 pm – 05.20 pm Grand Hilton Ballroom

Business ethics, anti-corruption regulations and enforcement are increasingly important. It is clear that employment lawyers can be involved at several stages and levels of an investigation, each of which trigger specific questions and risks to be aware of. Lawyers are often involved in internal investigations, where their role as employment lawyers varied from advising on the (legal) process to follow, issues relating to the disclosure of information and privacy issues, to the review and/or drafting of the internal report, being present at interview meetings, and finally advising on the sanctions to be imposed and measures to take and the audit of internal compliance procedures, guidelines and policies, etc. The aim of the panel session on this topic will be to discuss the role of an employment lawyer in these different stages of the investigation, to exchange (good and best) practices, and to highlight possible pitfalls. Session Leader: - Jan Hofkens (LYDIAN) - Belgium Session Speakers: - Volker Schneider (Luther Rechtsanwaltsgesellschaft GmbH) - Germany - Roger Bull (Burges Salmon) – United Kingdom

Privacy vs. Truth: The Effect of Privacy Rules on the Gathering and Presentation of Evidence in Employment Cases Parallel Session V. 03.50 pm – 05.20 pm Karlín I

The session will cover how courts in employment cases deal with evidentiary materials which have been obtained through methods which are not compliant with local privacy rules (e.g. tapped calls, (private) emails of employees, CCTV footage, social media posts etc.). The development of both privacy law and modern (communication) technology have given rise to an interesting flow of rules and case law sprouting from the intersection of employment, privacy and evidentiary law, making this topic hot throughout

the EELA area and worthy of exploration. Based on Q&A’s - helpfully completed by numerous EELA members - the panel speakers will share their insights with you during this session. Do privacy rules limit the effective delivery of evidence in employment cases, or do courts allow the truth to prevail no matter the means used to uncover it? What determines the outcome of the battle between privacy and the truth, what are the consequences of using evidence gathered from an employee’s private domain and which differences between the various EELA jurisdictions can be identified? Attend this session and find out all about it. Your active participation is much appreciated! Session Leader: - Patrick de Looff (Van Doorne N.V.) - Netherlands Session Speakers: - Marie Janšová (Glatzova & Co.) - Czech Republic - Moira Guitart (Allen & Overy) – Spain National Associations of Employment Lawyers for EELA members Reduction in the Employee’s Protection against Unfair Dismissals, Limitation of Court Litigation, Promotion of ADR.

Parallel Session VI. 03.50 pm – 05.20 pm Palmovka

The national associations of employment lawyers will explain the situation and the prospects of employment lawyers in their countries and describe the kind of activity they are focusing on (promotion of employment law specialists, professional training, services for members, news and information, lobbying and consultation with public authorities). National representatives will be interviewed by Guy Castegnaro (Luxembourg) and the importance of coordination of national association under the umbrella of EELA will be discussed. Speakers – Representatives of National Associations: - Aldo Bottini - representing AGI - Italy - Ana Gómez Hernández - representing ASNALA - Spain - Bronwyn McKenna - representing ELA - UK - Charlotte Dingemanns - representing VAAN - the Netherlands - Jacob Sand - representing Ansættelses Advokater - Denmark - Björn Otto - representing Deutscher Anwaltverein - Arbeitsgemeinschaft Arbeitsrecht - Germany

06.30 pm

07.30 pm - 02.00 am

11.00 pm - 02.00 pm

Bus departure from the Hilton Hotel Prague (Lower Lobby Entrance, signposted) Walking possible (30 min) – map at Registration Desk Gala Dinner, Žofín Palace Please bring your voucher, which you will find in your delegate name card badge. Return busses to Hilton Prague are scheduled for 11:00, 11:30 pm, 12:00, 12:30, 1:00, 1:30 and 2:00 am.

Saturday 21 May 2016 Time 07.00 am – 02.00 pm

07.30 am – 08.30 am

Topic REGISTRATION, Hilton Prague EELA 2016 – Saturday Jogging starting from the Hotel Hilton, 8.5 km, map of jogging trail at http://eela2016.org/saturday-jogging.htm Meeting point: (Lower Lobby Entrance, signposted) Small bottle of water and cereal bar will be provided at Meeting Point. Organisers: Veronika Odrobinová (Dvořák Hager & Partners) – Czech Republic Matej Daněk (PRK Partners) – Czech Republic

09.15 am – 11.00 am Grand Hilton Ballroom 11.00 am – 11.20 am

Recent Decisions and Current Cases Before the European Courts - Michael Rubenstein, Michael Rubenstein Publishing Ltd., UK Coffee Break Management Employees: Where the Roads of Employment Law and Company Law Cross

11.20 am – 12.40 pm Grand Hilton Ballroom

Management employees have special business role. Their negotiating capabilities and responsibility level are different. In some jurisdictions this resulted in court practice or statutory regulation lowering the protection of management employees. Should the status of management employees be differentiated and how? Does it lead to discrimination? What is the current practice in European countries, and what problems does it lead to? Session Leader: - Jurgita Venckutė (Sorainen) - Lithuania Session Speakers: - Jenny Welander Wadström (Roschier) – Sweden - Malgorzata Grzelak (Squire Patton Boggs) – Poland - Rüdiger Hopfe (Schweibert Leßmann) – Germany

12.40 pm – 13.30 pm Grand Hilton Ballroom

General Assembly

13.30 pm - 14.00 pm

Lunch in form of Lunch box