Employment status (including agency workers, casual workers, use of contractors and ‘dispatch’ arrangements)

Australia: Casting a Wide Net – Proposed Labour Hire Licensing Scheme in Queensland

The Queensland Parliament is currently considering significant changes to the labour hire industry by way of the Labour Hire Licensing Bill 2017 (Qld) (Bill). The Bill, which was introduced and read for the first time on 25 May 2017:   … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia

UK: Legislation – Employment law reform proposals during the Summer 2017 General Election

The main parties' manifestos for the general election all contained numerous proposed employment law reforms, the Conservatives promising "the greatest expansion in workers' rights by any Conservative government in history" while Labour included a 20 point "plan for security and equality … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: New Resources

The DWP has launched an employer "See Potential" toolkit to help employers retain and recruit workers from disadvantaged groups, including single parents, recovering addicts and care providers. Acas has updated its guidance on employment status. To coincide with ONS data … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK, Resources, Workplace culture, diversity and discrimination (including bullying and harassment)

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 (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

Germany: New legislation for temporary agency workers

Effective 1 April 2017, the legislator has made several amendments to the German Act on Temporary Work (Arbeitnehmerüberlassungesetz). The changes have been awaited for quite some time now and bring several amendments and clarifications of high relevance to all companies … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Germany

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 (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), 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 (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), 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 status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

Germany: Reforms to temporary agency work law and company pensions

The last few months saw legislative progress in two areas: temporary agency work and company pensions.

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Germany, Remuneration (including bonus and incentive plans)

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 (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Cross-border, Resources