Court Decisions 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.
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