Double seminar: T.R.A.D.E. & Labour and Immigration Law Annual Conference

Bratislava

12 October 2017 - 14 October 2017


The T.R.A.D.E. Commission is delighted to hold its first annual conference this year, following the many other successful seminars organised under its former name, the Distribution Commission. We are preparing a programme based on current hot topics in cross-border and international operations, such as the distribution through on-line platforms or the latest news on commercial and unfair practices. We will also hold a specific session on the distribution of pharmaceutical products, and because we have the luck to organise this seminar with the Labour Law Commission, we will deal with employment issues in distribution, such as the transfer of employees under TUPE regulations upon termination of distribution agreements or the requalification of franchising or agency agreements into employment agreements.

 

Following the huge success of the Labour Law Commission’s previous “hot topics” seminars in Boston (2012) and Chicago (2016), in 2017 we are again preparing a cutting-edge programme focussed on current hot topics in international and cross border labour and employment law. The commission is committed to holding at least one dedicated employment and immigration event every year and has done so for many years now, so this year we are calling our seminar the AIJA Annual Labour Law Conference. The programme will feature up and coming AIJA members alongside experienced employment and immigration law practitioners from across Europe and the globe. Alongside employment law issues from bonuses, severance and termination payments, to TUPE and cross border employment disputes, we will focus on global mobility and immigration issues in the current climate post Brexit and Trump of increasing political hostility to “open borders” and free trade. We will also examine the way the law and practice have developed to take account of the ageing workforce, and related health issues.

 

The venue for this exciting double seminar will be Bratislava,  the capital of Slovakia. Easily accessible through Vienna International Airport (just 30 minutes from Bratislava city centre) or its own international airport, with a convenient size of approximately half a million residents, and a compact centre on the Danube river, Bratislava will provide for a comfortable and attractive location. The conference centre will be in a prime city location with access to its main attractions, such as the pedestrian district of the medieval old town, the Bratislava castle, the modern Eurovea city quarter and embankment or the UFO Tower. Within the programme, the delegates will get a taste of the local restaurant and club scene, with both international and (albeit sometimes challenging) local flavours. The event will be supported by the Slovak Bar Association and this will be a great opportunity to meet young lawyers from Slovakia and the region beyond.

We are looking forward to welcoming you in Slovakia.


AIJA Commissions

  • Labour Law
  • T.R.A.D.E. (Trade, Retail, Agency, Distribution, E-commerce)

Full programme

T.R.A.D.E. Annual Conference

Thursday 12 October 2017

17:30 » 18:30
Registration at Radisson Blu Carlton Hotel Bratislava hotel lobby
18:30 » 20:00
Welcome cocktail at Galéria Nedbalka
20:00
Optional dinner at local restaurants
Not included in the registration fees, payable locally

Friday 13 October 2017

08:30 » 09:00
Registration at Radisson Blu Carlton Hotel Bratislava
09:00 » 09:15
Welcome Address & Introduction to the Conference
Xavier Costa, AIJA Vice-President, ROCA JUNYENT SLP, Spain
Tomáš Rybár, ČECHOVÁ & PARTNERS s. r. o., Slovakia
09:15 » 09:30
Welcome address by representative of Slovak Bar Association
Tomáš Borec, President of the Slovak Bar Association
09:30 » 10:00
Codes of ethics and conduct: does setting your own rules to behave on the market work? – an interview between pro and con
Moderator:
David Diris, Kocks & Partners, BELGIUM
Speakers:
Marko Polakovič, POLAKOVIČ & PARTNERS s. r. o., SLOVAKIA
Florence Verbeek, Van Doorne N.V., NETHERLANDS
10:00 » 11:00
Distribution of pharmaceutical products: a changing environment?
Moderator:
Janine Demont, Pestalozzi Attorneys at Law, SWITZERLAND
Speakers:
Marek Holka, ČECHOVÁ & PARTNERS s. r. o., SLOVAKIA
Chloe Taylor, Carpmaels & Ransford LLP, UK
Christophe Héry, Lmt Avocats, FRANCE
11:00 » 11:30
Coffee Break
11:30 » 13:00
Distributing online: especially on platforms: a choice full of traps?
Moderator:
Joyce Pitcher, Pitcher Avocat, FRANCE
Speakers:
Ilja Czernik, SKW Schwarz, GERMANY
Jelle Blom, Kennedy Van der Laan, NETHERLANDS
David Henry, McDermott Will & Emery, BELGIUM 
Benedikt Rohrßen, Taylor Wessing, GERMANY
13:00 » 14:00
Lunch
14:00 » 14:45
Territorial restraints – How to handle passive sales and parallel imports 
Moderator: 
Niek Peters, CLEBER advocaten, NETHERLANDS 
Speakers: 
Pierluigi Cornacchia, Corlex Studio Legale, ITALY 
Renato Bucher, Meyerlustenberger Lachenal, SWITZERLAND 
Martin Schimmer, 2 Martins Legal, attorneys at law, CZECH REPUBLIC
14:45 » 15:30
Unfair commercial practices: growing restrictions on BtoB trade
Moderator:
Babak Tabeshian, Dr. Roth & Kollegen, GERMANY
Speakers:
Chiara Caliandro, De Berti Jacchia Franchini Forlani, ITALY
Manish Bahl, Fieldfisher NV, NETHERLANDS
Branislav Vančo, Head of Legal Affairs Slovakia & experienced counsel of the international retailer, SLOVAKIA
15:30 » 16:00
Coffee Break
16:00 » 16:45
The principle of balanced negotiations and contracts: when the courts and public authorities start controlling the will of the parties
Moderator:
Thierry Augsburger, Bratschi Wiederkehr & Buob, SWITZERLAND
Speakers:
Stefan Gurmann, Kerres Partners, AUSTRIA
Serena A. L. Corongiu, Studio Legale Avv.Serena A.L. Corongiu, ITALY
Jean-Philippe Arroyo, JP Karsenty & Associés, FRANCE
19:00 » 20:00
Guided Bratislava City Train Tour
Transport to dinner venue
20:00 » 22:00
Dinner at RIVERS CLUB

Saturday 14 October 2017

09:30 » 10:30
JOINT T.R.A.D.E. and Labour Law session: TUPE traps on terminating a distribution agreement
Moderator:
Christine Borfiga, Astine, FRANCE
Speakers:
Elena Kadelburger, ebl miller rosenfalck, UK
Alexander Lentz, Ebner Stolz, GERMANY
Marcin Wujczyk, Baran, Książek, Bigaj & Wujczyk., POLAND
10:30 » 11:00
Coffee Break
11:00 » 11:45
Requalification of agency and franchise agreements into employment contracts
Moderator:
Lill Egeland, Simonsen Vogt Wiig, NORWAY
Speakers:
Dan Mihai, Jinaru, Mihai & Nothingher, ROMANIA
Marika Devaux, MD2 AVOCATS, FRANCE
Marco Mellone, Mellone Law Firm, ITALY
11:45
Closing remarks by Babak Tabeshian, Dr. Roth & Kollegen, GERMANY
12:45
Lunch
15:00 » 17:30
Optional afternoon social program
Not included in the registration fees, payable locally

A “Post-Communist Bratislava Tour” provided by the “Authentic Slovakia” agency. The estimated price is EUR 20 and last approx. 2.5 hours. Meeting point will be in hotel lobby at 14:45.

“Tour through the off-the-beaten-track places of the communist past as well as recent transformations in Bratislava. Visit a vast concrete housing estate area, the Soviet monument Slavín, abandoned factories, 1930’s bunker line and loads of communist architecture. Tour brings alive the story of Bratislava in the 20th century - political changes, town’s location on the border, contrasts between rich and poor, development of the society, architecture. It is not any regular post-communist tour, it gives a glimpse on a cool side of “ostalgia”.
20:00 » 22:00
Optional dinner
Not included in the registration fees, payable locally

Labour and Immigration Law Annual Conference

Thursday 12 October 2017

17:30 » 18:30
Registration at Radisson Blu Carlton Hotel Bratislava hotel lobby
18:30 » 20:00
Welcome cocktail at Galéria Nedbalka
20:00
Optional dinner at local restaurants
Not included in the registration fees, payable locally

Friday 13 October 2017

08:30 » 09:00
Registration at Radisson Blu Carlton Hotel Bratislava
09:00 » 09:15
Welcome Address & Introduction to the Conference
Xavier Costa, AIJA Vice-President, ROCA JUNYENT SLP, Spain
Jan-Ove Becker, Labour Law Commission President, vangard | Littler Global, Germany
Ondrej Laciak, Vice-Chairman of the Slovak Bar Association, Slovak Republic
09:15 » 10:00
Religious dress and beliefs at work
Religious dress and symbols at work continue to cause controversy in business and public life. In 2017 it has been widely reported in the media that the European Court of Justice has ruled in favour of employers who want to ban the Islamic headscarf. This panel will ask if the reality is that simple and examine different approaches to this issue across jurisdictions.
Moderator:
Jan-Ove Becker, Vangard, Hamburg, Germany
Panel:
Kato Aerts, Lydian, Brussels, Belgium
Matthijs Roest Crollius, Doorn en Keizer, Amsterdam, Netherlands
Marie Janšová, LEGALITÉ, Praha, Czech Republic
10:00 » 11:00
Employee misconduct outside working hours: none of the employer’s business?
Employee misconduct at work is one thing, but what if it occurs on the employee’s own time? Is it a private matter or is the employer entitled to investigate, discipline and terminate employees for misdemeanors in their personal lives? This panel will examine the legal issues in disciplinary cases not directly related to conduct at work, including criminal record and background vetting checks.
Moderator:
Boriska Rocha, Lobo de Rizzo, São Paulo, Brazil
Panel:
Irina Kostina, Ellex Klavins, Riga, Latvia
Søren Hessellund Klausen, Iuno, Copenhagen, Denmark
Andreas White, Kingsley Napley, London, UK
Katarína Matulníková, Allen & Overy, Bratislava, Slovak Republic
11:00 » 11:30
Coffee Break
11:30 » 13:00
No more ‘rewards for failure’?
An update on the trend towards tighter rules on remuneration, including bonus and severance payments, and hold-back and claw-back arrangements. With shareholders determined to have their ‘say on pay’, regulators concerned with risk management and financial stability, and the press on the look out for ‘fat cats’ and corporate greed, is the party over for senior management?
Moderator:
Constant van Tuyll van Serooskerken, Van Doorne N.V., Amsterdam, Netherlands
Panel:
Pilar Baltar Fillol, Roca Junyent, Barcelona, Spain
Camille Ka-ying Leung, Hong Kong
Tom Ogg, 11KBW, London, UK
13:00 » 14:00
Lunch
14:00 » 15:30
Brexit & Trump: is globalisation in decline?
Brexit and Trump are testament to the power of anti-globalisation and anti-immigration rhetoric in political campaigning. But what is the current reality for international companies keen to hire and retain the brightest and best, whatever their nationality? Multi-nationals are facing increasing hurdles in hiring foreign nationals or sending them on international assignments, as this panel will discuss.
Moderator:
Malini Skandachanmugarasan, Laura Devine Solicitors, London, UK
Panel:
Michael Avila, Fisher & Phillips LLP, Philadelphia, US
Ruhul K. Ayazi, Ogletree Deakins International LLP, London, UK
Omar Massimo Hegazi, S.G.H.S. & Partners, Bergamo, Italy
Sharaf Sultan, Sultan Employment Law and Workplace Immigration, Toronto, Canada
15:30 » 16:00
Coffee Break
16:00 » 17:00
Litigation, arbitration and mediation in labour law disputes
How are labour law disputes best solved? In courts, in negotiations with the unions/works councils, through arbitration or mediation? What are the current trends? The panel will also share their best tips and trix on how to be successful in solving labour law disputes.
Moderator:
Clémence Colin, JP KARSENTY & Associés, Paris, France
Panel:
David A. Whitten, Whitten & Lublin, Toronto, Canada
Hans Laimer, zeiler.partners Rechtsanwälte GmbH, Vienna, Austria
Philipp Haymann, Haymann von Erlach Attorneys, Zurich, Switzerland
19:00 » 20:00
Guided Bratislava City Train Tour
Transport to dinner venue
20:00 » 22:00
Dinner at RIVERS CLUB

Saturday 14 October 2017

09:30 » 10:30
Joint TRADE & Labour Law session: TUPE traps on terminating a distribution agreement
Termination of distribution agreements must be carefully thought through notably in terms of prior notice, clientele, potential compensation, indemnities and costs. In some jurisdictions, such termination can even entail the transfer of the distributor’s employees to the supplier or the new distributor. Under what conditions does such transfer occur? Is there any legal way to avoid the transfer or mitigate its costs? The panel will examine how to deal with these issues when terminating a distribution agreement.
Moderator:
Christine Borfiga, Astine, France
Panel:
Marcin Wujczyk, Baran, Książek, Bigaj & Wujczyk, Kraków, Poland
Alexander Lentz, Ebner Stolz, Hamburg, Germany
Elena Kadelburger, Miller Rosenfalck, London, UK
10:30 » 11:00
Coffee Break
11:00 » 11:45
The General Data Protection Regulation – what employers need to know.
How will the General Data Protection Regulation (GDPR) change the data protection regime in the EU as of 25 May 2018? Which impact will this change have on employers? This panel will examine the new set of rules introduced by the GDPR, the costs of non-compliance with these rules and the impact of the GDPR on specific systems and practices of processing employees’ personal data by employers.
Moderator:
Lukas Wieser, zeiler.partners Rechtsanwälte GmbH, Vienna, Austria
Panel: 
Kristýna Kovaříková, ROWAN LEGAL, Prague, Czech Republic
Emelie Svensäter Jerntorp, Vinge, Malmö, Sweden
Matteo Cocuzza, Pacchiana Parravicini e Associati, Torino, Italy
11:45 » 12:45
The HR & legal challenges of the ageing population
People are living and working for longer, creating HR and legal challenges related to the ageing workforce. This panel will examine the current legal framework applicable to the ageing workforce (including age and disability discrimination protection) and ask how ready business and the law are for the reality that current schoolchildren might work till 100.
Moderator:
Rebecka Thörn, Delphi, Malmö, Sweden
Panel:
Laurie Jessome, Cassels Brock, Toronto, Canada
Sanne van Ruitenbeek, Pallas Advocaten, Amsterdam, the Netherlands
Kamil Jabłoński, Wardynski & Partners, Warsaw, Poland
12:45
Lunch
14:30 » 17:30
Optional afternoon social program
Not included in the registration fees, payable locally

A “Post-Communist Bratislava Tour” provided by the “Authentic Slovakia” agency. The estimated price is EUR 20 and last approx. 2.5 hours. Meeting point will be in hotel lobby at 14:45.

“Tour through the off-the-beaten-track places of the communist past as well as recent transformations in Bratislava. Visit a vast concrete housing estate area, the Soviet monument Slavín, abandoned factories, 1930’s bunker line and loads of communist architecture. Tour brings alive the story of Bratislava in the 20th century - political changes, town’s location on the border, contrasts between rich and poor, development of the society, architecture. It is not any regular post-communist tour, it gives a glimpse on a cool side of “ostalgia”.
20:00 » 22:00
Optional dinner
Not included in the registration fees, payable locally

Sponsors

Lead Sponsor(s)


Practical information

Flyer

Accommodation:

Not included in the registration fee and is at the participant’s expense.
We have secured a limited number of rooms at the:
 
Radisson Blu Carlton Hotel Bratislava
(Hotel capacity on Friday is fully booked - Thursday & Saturday night available)
Hviezdoslavovo namestie 3, 811 02 Bratislava, Slovak Republic
Phone +421 905 375 118
www.RadisonBluCarlton.com
 
EUR 105.00 single per room per night 
EUR 150.00 double per room per night

Including breakfast and VAT. City tax excluded.

In order to book your hotel room, please use the following reservation link.

ArtHotel Williams (5 min walk from Radisson Blu Carlton)
Laurinská 17, 81101 Bratislava, Slovak Republic
Phone +421 2 5988 9444
www.ArtHotelWilliams.sk  

Deadline: 9 October

EUR 102.00 Business Superior per room per night 
EUR 118.00 Junior Suite per room per night
EUR 128.00 Suite per room per night

Including breakfast and VAT. City tax excluded.

In order to book your hotel room, please send an email to Petra Boďová at reservations@arthotelwilliam.sk including the reservation form

HOTEL ARCADIA BRATISLAVA (5 min walk from Radisson Blu Carlton)
Františkánska 3, 811 01 Bratislava, Slovak Republic
Phone +421 2 59 49 0500
www.Arcadia-hotel.sk

Reservations can be made at info@arcadia-hotel.sk 

 Airport transfers with rates offered for the AIJA event:

Vienna Airport (VIE) to/from Bratislava center:
FKTransfer: EUR 42 one way, http://www.fktransfer.eu/en/

TRANSPORT Schwechat: VIE to Bratislava EUR 45 cash, EUR 46 credit cards, Bratislava to VIE EUR 40 cash, EUR 41 credit card, http://www.transportschwechat.sk/en/

DANIELA TRANS: VIE to Bratislava EUR 45 cash, EUR 46 credit cards, Bratislava to VIE EUR 40 cash, EUR 41 credit card, http://en.danielatrans.sk/

Shuttle buses are also available (https://www.slovaklines.sk/vienna/im-flying-from-the-vienna-airport.html) but take twice the time and an additional taxi ride to the hotel is needed from the bus station.

Bratislava Airport (BTS) to/from Bratislava center:
FKTransfer: EUR 12 one way, http://www.fktransfer.eu/en/home-p13,

Uber or taxis through the Hopin app are the cheaper and generally reliable option, cost is on average EUR 8.

Organizing Committee

Jan-Ove BECKER
vangard | Littler Global (GERMANY)

Christine BORFIGA
Astine (FRANCE)

Slavomir M. CAUDER
Giese & Partner, s.r.o. - organizacná zložka (SLOVAK REPUBLIC)

Janine DEMONT
Pestalozzi Attorneys at Law Ltd (SWITZERLAND)

David DIRIS
Kocks & Partners (BELGIUM)

Marek HOLKA
ČECHOVÁ & PARTNERS s. r. o. (SLOVAK REPUBLIC)

Zuzana MALACKá
Advokátska kancelária RELEVANS s.r.o. (SLOVAK REPUBLIC)

Yoav NOY
Kan- Tor & Acco (ISRAEL)

Joyce PITCHER
Pitcher Avocat (FRANCE)

Tomas RYBAR
ČECHOVÁ & PARTNERS s. r. o. (SLOVAK REPUBLIC)

Rebecka THÖRN
Advokatfirman Delphi (SWEDEN)

Florence VERBEEK
Van Doorne N.V. (NETHERLANDS)

Andreas WHITE
Kingsley Napley LLP (UNITED KINGDOM)