Employment status

UK: Gig economy – further rulings finding worker status

We recently reported on the tribunal ruling that Uber drivers were 'workers' entitled to statutory rights such as holiday and minimum wage (see here). That ruling is being appealed, but in the meantime there have been further decisions along similar … Continue reading

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Filed under Employment status, Jurisdiction: UK

Hong Kong: Categorising individuals as contractors or employees

As budgets tighten and approved headcounts lowered, employers are increasingly looking for creative ways to engage staff to meet demands. In this context, hiring workers as contractors rather than employees has often been popular, but is not without risk. Earlier … Continue reading

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Filed under Employment status, Jurisdiction: Asia

UK: ‘Gig economy’ employers – business model under threat from litigation and legislative review

Companies engaged in the 'gig economy' should be alive to the threat recent employment law developments could pose to their business model. Where the business involves the provision of a technology platform for a fee, allowing service-providers to offer their … Continue reading

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Filed under Employment status, Jurisdiction: UK

UK: Government announcements – workers’ rights post Brexit, employee representation on boards, employment of foreign workers, and review of modern employment practices

At the Conservative Party conference, Theresa May announced plans to repeal the 1972 European Communities Act, which gives direct effect to EU law in the UK, and to transpose all existing EU laws into domestic legislation. She also promised that … Continue reading

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Filed under Employment law reforms, Employment status, Jurisdiction: UK

EU: Article published on jurisdiction rules applying to claims against directors

A recent decision of the CJEU has considered a number of jurisdiction questions which have significant implications for claims against directors who are also employees of a company.

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Filed under Employment status, Jurisdiction: Cross-border, Resources

Germany: Ongoing efforts by authorities to prevent ‘false self-employment’

For decades German companies have been engaging freelancers instead of or in addition to regular employees to achieve more flexibility, save social contributions and avoid bureaucratic burdens. While in many cases this practice is neither illegal nor illegitimate, social security … Continue reading

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Filed under Employment status, Jurisdiction: Germany

Australia: Unpaid internship obligations underlined

A recent Federal Circuit Court decision is a timely reminder that Australian law does not recognise unpaid internships.

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Filed under Employment status, Jurisdiction: Australia

UK: New publications – employment status review, industrial disputes report, and guidance on BYOD, tax-free childcare and surveillance

BIS has launched an employment review intended to “help clarify and potentially strengthen the employment status of up to a million British workers”. Interim findings are expected by the end of 2014 and recommendations should be made by March 2015. The Carr review into … Continue reading

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Filed under Data protection, Employment law reforms, Employment status, Family-friendly rights, Jurisdiction: UK, Trade unions and works councils

China: Labour dispatch implementing rules issued in Shanghai

Shanghai-based companies needing to reduce their reliance on dispatched workers have until 31 October 2014 to formulate and submit reduction plans. Guiding principles have also been issued to distinguish between human resourcing outsourcing and labour dispatch. These new provisions were … Continue reading

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Filed under Employment status, Jurisdiction: Asia

UK: New publications

HMRC has updated guidance on IR35 concerning the use of intermediaries such as personal service companies.

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Filed under Employment status, Jurisdiction: UK, Resources