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Newsletter June, 2023

USA: Equal Employment Opportunity Commission issued new guidance on the use of artificial intelligence in employment selection procedures

June, 2023

Germany: a decision on agency work after the preliminary ruling of the European Court of Justice

June, 2023
  • On 31 May 2023, the German Federal Labour (Bundesarbeitsgericht) rejected the claim of a German agency worker. It confirmed that the German collective labour agreement aligns with the EU Directive on temporary agency work.
  • It follows the preliminary ruling of the European Court of Justice of 22 December 2022 case C-311/21. 

European Council: Common position on platform workers

June, 2023
  • On 12 June 2023, the EU Council agreed on the proposal for a Directive onimproving the working conditions in platform work and on a general approachThe proposal introduces two key improvements. It supports the determination of the correct employment status of digital platforms workers and establishes the first EU rules on the use of artificial intelligence in the workplace.
Newsletter May, 2023

Uruguay: The Senate voted on amendments to collective bargaining

May, 2023
  • On 10 May 2023, the Senate approved the Bill drafted by the Executive, amending the provisions of Act 18.566 on collective bargaining in line with ILO recommendations.

Impact of climate change and climate policies on living conditions, working conditions, employment, and social dialogue: A conceptual framework (Eurofound research paper)

May, 2023
  • On 12 April 2023, Eurofound published a new research paper on the impact of climate change and policies to manage the transition to a carbon-neutral economy on employment, working conditions, social dialogue, and living conditions.
  • It also identifies the opportunities and risks climate change policies bring to European labour markets.

USA: OSHA Launches Nationwide Program Focusing on Workplace Falls

May, 2023
  • On 1 May 2023, the U.S. Department of Labour announced that its Occupational Safety and Health Administration (OSHA) launched a new National Emphasis Program (NEP) to reduce or eliminate injuries and fatalities associated with falls while working at heights in all industries.
  • The NEP became effective immediately, and it applies to all industries.
  • It aims to achieve its goals through enforcement (including hazard-based inspection targeting and optional locally-generated programmed targeting in construction), outreach to employers, and compliance assistance.

Costa Rica: a decision on platform workers’ relationship

May, 2023
  • On 13 April 2023, the Labour Court of San José stated that an employment relationship existed between Uber and a driver who provided his services for Uber from February 2017 to December 2022.
  • Uber has to pay the driver the corresponding sums for vacations, Christmas bonuses, and social security during employment.
  • The judge rejected the driver's claim on the right to overtime compensation, as Uber did not impose the hours, which were decided by the driver.

Australia: a decision on protections for whistleblowers

May, 2023
  • Last March, the South Australian district court rendered the first decision under Australia's whistleblowing laws, stating that a former civil servant could not be protected for alleged wrongdoing while collecting evidence to support his revelations about the Australian Taxation Office's unethical and aggressive pursuit of debts.
  • The judgment that caused considerable debate in the country is based on the Court's narrow interpretation of the scope of whistleblower protections, which would apply only to whistleblowing and not to the preceding preparatory conduct.

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