{"id":18371,"date":"2026-08-04T07:06:15","date_gmt":"2026-08-04T05:06:15","guid":{"rendered":"https:\/\/cognitis.cloud\/europe-hr-compliance-pulse-4-august-2026\/"},"modified":"2026-08-04T07:06:21","modified_gmt":"2026-08-04T05:06:21","slug":"europe-hr-compliance-pulse-4-august-2026","status":"publish","type":"post","link":"https:\/\/cognitis.cloud\/de\/pulse\/europe-hr-compliance-pulse-4-august-2026\/","title":{"rendered":"Europe HR Compliance Pulse: 4. August 2026"},"content":{"rendered":"

Ein t\u00e4glicher Briefing \u00fcber Entwicklungen in den Bereichen Personalwesen, Arbeitsrecht und Compliance in Europa f\u00fcr KMU-HR-Teams in der gesamten EU, im Vereinigten K\u00f6nigreich, in der Schweiz und in den nordischen L\u00e4ndern.<\/em><\/p>\n

Top story: France’s new supplementary birth leave is now live, and employers cannot refuse it<\/h2>\n

France’s cong\u00e9 suppl\u00e9mentaire de naissance (supplementary birth leave) took effect on 1 July 2026, creating a significant new entitlement that applies to children born or adopted from 1 January 2026. Each parent may now take up to two months of additional paid leave on top of existing maternity, paternity and adoption leave. The leave is compensated by social security at 70% of net salary for the first month and 60% for the second.<\/p>\n

The practical implications for employers are considerable. The leave cannot be refused provided the employee meets the statutory conditions and gives one month’s written notice. Employees on supplementary birth leave benefit from dismissal protection, except in cases of serious misconduct or circumstances unrelated to the leave. For SMEs already managing maternity and paternity absences, the additional entitlement means longer workforce gaps to plan around, particularly where both parents work for the same employer.<\/p>\n

Transitional provisions apply to children born or adopted between 1 January and 30 June 2026: the nine-month window to take the leave runs from 1 July 2026 and may extend until 31 March 2027. Employees must have at least six months of social security affiliation and meet minimum activity or contribution thresholds to qualify.<\/p>\n

Was zu tun ist:<\/strong> French employers should update leave policies and employee handbooks to reflect the new entitlement, brief line managers on the notification and approval process, and adjust workforce planning to account for the possibility that both parents in a household may take up to two months each. Review payroll processes to ensure social security reimbursement flows are set up correctly.<\/p>\n

Auch die Entwicklung<\/h2>\n

Polen<\/strong> The amended Act on the State Labour Inspectorate took effect on 8 July, giving inspectors the power to reclassify civil law contracts (including B2B and personal service arrangements) as employment contracts without going to court. The process starts with a notice instructing the employer to remedy the breach; if ignored, the inspector may issue an immediately enforceable decision confirming an employment relationship. Penalties for labour law breaches have also increased, and inspections may now be conducted remotely. A 12-month transitional period allows employers to regularise misclassified contracts voluntarily without fines. Employers may also request non-binding interpretations on employment status, with protection from penalties if followed. Was zu tun ist:<\/strong> Employers with contractors or B2B arrangements in Poland should audit those relationships now against employment-status criteria. The 12-month grace period is a window to correct genuine misclassifications before enforcement begins in earnest.<\/p>\n

Finnland<\/strong> A wave of amendments to the Employment Contracts Act reached full force on 1 June, completing reforms that began on 1 January. Three changes stand out for SMEs. First, employers may now conclude a fixed-term contract for up to 12 months without a justified reason, provided no employment relationship existed between the parties in the preceding five years; either party may terminate such a contract after six months. Second, the statutory layoff notice period dropped from 14 to seven days (collective agreements may still set a longer period). Third, employers with fewer than 50 employees are no longer required to offer redundant staff the same or similar work for up to six months after termination. The January reforms had already lowered the individual dismissal threshold from “proper and weighty reason” to “proper reason.” Was zu tun ist:<\/strong> Finnish employers, particularly those under 50 employees, should review their HR processes for hiring, layoffs and dismissals against the updated rules. The combined effect of these changes gives smaller employers considerably more flexibility, but the procedural requirements remain in place.<\/p>\n

Deutschland:<\/strong> The Federal Labour Court (BAG) ruled on 25 March (case 5 AZR 108\/25) that blanket garden-leave clauses in employment contracts are invalid. Pre-formulated clauses granting an employer an unrestricted right to release an employee from work following termination are unenforceable unless the employer can demonstrate a “predominant, protectable interest” in each individual case. The BAG held that the right to continued employment is indirectly protected by fundamental rights and cannot be waived in advance through a standard contract term. The ruling forces employers to justify suspension on a case-by-case basis rather than relying on boilerplate language. Was zu tun ist:<\/strong> German employers should review standard employment contract templates and remove blanket suspension clauses. Going forward, any decision to place a departing employee on garden leave must be individually justified and documented at the time of termination.<\/p>\n

Auf dem Radar<\/h2>\n

UK zero-hours contracts consultation (previously covered):<\/strong> Schlie\u00dft am 25. August 2026.<\/p>\n

UK Pay Transparency Konsultation (bereits behandelt):<\/strong> Schlie\u00dft am 27. Oktober 2026.<\/p>\n

Germany digital payroll deadline (previously covered):<\/strong> All employers must keep social-insurance payroll documents in digital, GoBD-compliant form by 31 December 2026.<\/p>\n

EU-Plattformarbeiterrichtlinie (bereits behandelt):<\/strong> Die Mitgliedstaaten m\u00fcssen bis zum 2. Dezember 2026 umsetzen.<\/p>\n

Quellen<\/h2>\n