Court Decisions Newsletter 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”
Newsletter February, 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 January, 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
- 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.
Newsletter December, 2020
- 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 November, 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 October, 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 September, 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.
Newsletter August, 2020
- A Supreme Court decision pushes employers and trade unions to negotiate on the payment of wages during the lockdown
- In July 2020, a significant decision on data transfer concerning the General Data Protection Regulation (GDPR) was made by the Court of Justice of the European Union
- This decision could potentially block the transfer of data between a country of the European Union and a third country, including the US
- The Federal Supreme Court did not bring clarity on this issue and in any case its decision was preliminary
- The previous legislation on the recognition of occupational diseases remain
Newsletter July, 2020
- On 24 April 2020, the Labour Court of Wesel, a city of the North Rhine-Westphalia, issued a decision on the use of specific devices to permanently monitor the behaviour of employees to prevent the spread of Covid-19.
Newsletter July, 2020
- Termination of employment clauses in Ontario must be read as a whole and be overall in line with employment regulation, even if they are contained in separate provisions.
Newsletter May, 2020
- The European Court of Justice issued an Order confirming its jurisprudence on the exclusion of genuine self-employed from the application of certain European regulations
- A Court Order issued on the 1st May requires employers in the mining sector to prepare and implement a code of practice to ensure the protection of mineworkers