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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

Apple adjusts its executives’ bonuses to social, environmental, governance performance

January, 2021

Austria reform on employment law

January, 2021
  • In Austria, a new collective agreement will enter into force at the end of 2021 for all employees of companies in the trade sector
  • The agreement will reform the salary schedule and aims at uniformising and reducing the salary levels, and “to create a modern scheme of employment groups, obtain more legal certainty in job grading

Mexico regulates telework

January, 2021
  • On 9 December 2020, the Mexican Senate approved a reform to the Federal Labour Law to regulate telework.
  • The law establishes the voluntary nature of this form of work and the need to define it in writing

Peruvian new agrarian law is adopted in the midst of social partners' objections

January, 2021
  • The 2000 agrarian law was derogated by the Peruvian parliament without consulting or taking into account the views of the social partners
  • The reform generated violent protests throughout the country
  • The new law imposes a higher minimum living wage and requires the employers to pay a special bonus, equal to 30% the minimum living wage
  • Bipartite discussions continue, prior to the adoption of the specific regulations to be annexed to the law.

Danish Competition and Consumer Authority pronounces on the establishment of fees by collective agreement in a platform company

January, 2021
  • Two years after a platform company signed a collective agreement with a trade union, the Danish Competition and Consumer Authority considered it does not align with the EU competition law
  • The authority required the company to partially modify their business model to fully comply with the EU law

Panama: outcomes of the tripartite Dialogue for Labour Economy and Development, including the regulation on telework

January, 2021
  • The tripartite dialogue concluded with 23 consensual agreements on various matters
  • It triggered the discussion and finalisation of the implementing regulation on telework

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