Newsletter 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.
- 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
- 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”
- 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
- 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.
- 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
- The tripartite dialogue concluded with 23 consensual agreements on various matters
- It triggered the discussion and finalisation of the implementing regulation on telework