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

UK: Medical assessments – employers should review their arrangements to minimise risk of vicarious liability

A High Court has held in Various claimants v Barclays Bank an employer vicariously liable for the acts (in this case, alleged sexual assaults) of a doctor engaged by it as an independent contractor to carry out medical assessments on┬áprovisionally … Continue reading

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

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 was introduced and read for the first time on 25 May 2017 and was … Continue reading

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

Korea: Compliance Check – Subcontract and Dispatch Arrangements

A significant decision has been released by a First Instance Court in Korea, holding that workers who had been dispatched from a service company were not dispatch workers but were in fact working under an illegal dispatch arrangement. The Korean … Continue reading

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

Australia: Vulnerable workers legislation has commenced

The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 received royal assent on 14 September 2017 and commenced the following day. From 15 September 2017, employers can face: a penalty of up $630,000 (or $126,000 for an individual) for a … Continue reading

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

Australia: Launching soon – Proposed labour hire licensing schemes around Australia

Following various parliamentary inquiries at the Federal and State level into labour hire practices, it looks as though state-based labour hire licensing schemes will very soon be a reality, with the Queensland Government1 recently passing legislation for a state-based labour … Continue reading

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

Australia: Queensland Labour Hire Licensing Bill passes

The Labour Hire Licensing Bill 2017 was passed late on 7 September by the Queensland Parliament, with the legislation set to commence in the first half of 2018 (though a formal commencement date is yet to be proclaimed). A brief … 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: Australia

Philippines: Compliance Check – Contracting and subcontracting

The Philippines Department of Labor and Employment (“DOLE”) introduced guidelines earlier this year on the prohibition of “labor-only” contracting (ie labour hire). These changes show the continued tightening on the use of third party labor in the Philippines. Is your … Continue reading

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

UK: Queen’s Speech and Brexit developments

The Queen’s Speech on 21 June 2017 set out the government’s programme for the next two years and was inevitably dominated by Brexit-related legislation. The principal bill will be the European Union (Withdrawal) Bill, subsequently published on 13 July 2017, … Continue reading

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Filed under Data protection and privacy, Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

Australia: A not so casual decision by the Fair Work Commission – Is your modern award on the list affected by the model casual conversion clause decision?

Overview As a result of a decision handed down by the Fair Work Commission (Commission) on 5 July 2017, a model casual conversion clause will be inserted into 85 modern awards. A summary of the 300+ page decision is available … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Australia, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Gig economy- Taylor Review released

The Taylor Review of Modern Working Practices “Good Work” was published yesterday. It considers how technology platforms have impacted working practices and the rights of workers, and examines whether our current legislative and regulatory framework is fit for purpose. The … Continue reading

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