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Newsletter March, 2021

Dutch Courts ruled on the classification of platform workers and government advisory group view

March, 2021
  • The classification of platform workers is unclear in the Netherlands, despite recent Court decisions and a report from the Labour Inspectorate
  • Recently, an advisory bipartite Committee highlighted the “need for a political and policy response in the short term to this discussion”

UK Supreme Court judgment on Uber platform drivers as “workers” and its meaning

March, 2021
  • The long-standing case of Uber and others v. Aslam and others (2016) was finally settled by the UK Supreme Court that confirmed the views of the lower Courts stating Uber’s drivers status of “workers” within the UK legal system
  • The Supreme Court also determined what must be considered as working time for a Uber driver
Newsletter February, 2021

Italy: Bologna Labour Court held a previously used algorithm of a platform company as discriminatory

February, 2021
  • In the complaint filed by trade unions, the Court ordered the company to modify its algorithm as to avoid any type of discrimination, give publicity to the decision, and to pay damages for an amount of EUR50,000
Newsletter January, 2021

German Federal Labour Court decision on the case of a crowdworker and relative salary

January, 2021
  • The German Federal Labour Court (No. 9 AZR 102/201, 1 December 2020) re-classified the crowdworker as an employee
  • It determined also that for remuneration purposes, the company shall not be bound by pre-established fees that the worker received as a self-employed worker. 

New Zealand Employment Court’s decision on the case of a self-employed for a platform company

January, 2021
  • The Employment Court examined the terms of the Service Agreement, the intention of the parties and the relationship operated in practice.
  • It ruled against the classification of the complainant as an employee of Uber
Newsletter December, 2020

Finnish Labour Court dealt with a breach of labour peace obligations

December, 2020
  • The Helsinki Labour Court settled the case between a company and the union in the electricity sector, for violation of the collective agreement in force and the duty of peace.
Newsletter November, 2020

Canada: Supreme Court decision requires employers to draft their incentive plans with an exceptional clarity

November, 2020
  • This case requires employment contracts and/or bonus plans to be extremely clear when it comes to employees’ participation in bonus plans.  
  • This has important repercussions for employers and requires an in-depth analysis on employment contracts.
Newsletter October, 2020

Spain: Supreme Court decision on the employment status of workers for a delivery company and social dialogue process on a "Riders Law"

October, 2020
  • Spanish Supreme Court held that the riders of a delivery company are employees.
  • This decision accelerated the government initiative towards the elaboration of a “Riders law”, with the involvement of the social partners.

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