Therefore, companies take on a certain risk if they include retirement provisions in agreements distributed to EU employees, especially if retirement is defined only with reference to reaching a certain age. Requesting to be treated the same as retirement-eligible employees, but this lawsuit was ultimately settled. Multinational company brought a lawsuit in the U.K. Unfortunately to date, there is no case law in the EU which provides a clear answer on whether retirement provisions in equity award agreements are justified from an age-discrimination perspective. It also means that, unless companies can argue that providing retirement-eligible employees with favorable treatment is justified, they could be exposed to discrimination claims by younger employees who demand to receive the same favorable treatment. In plain English, this means that companies may not treat employees differently based on age unless there is a good reason for it. In particular, the EU Framework Directive (Council Directive 2000/78/EC) which has been implemented by all EU/EEA member countries, prohibits any discrimination based on age, unless it is objectively and reasonably justified and provided that the difference in treatment on the grounds of age is appropriate and necessary to achieve a legitimate aim. Companies by surprise that other countries (in particular the EU countries) protect employees of all ages (not just older employees) from age discrimination. Not Just a Number – Age Discrimination Issues It often takes U.S. Employees, the same accounting considerations apply, but in addition, companies also need to consider age discrimination concerns and changes to the taxable event of awards. Descargar Plano De Guayaquil En Autocad Lt2015 Para Hacer Canciones En Formato Midi.Įmployees, it is well understood that allowing retirement-eligible employees to continue to vest in awards after termination can cause accounting and tax issues ( i.e., compliance with Section 409A as well as an accelerated social security tax liability).
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