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

UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals

The ECJ has agreed with the Advocate-General’s opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks’ statutory holiday entitlement indefinitely and be paid in lieu of the entire accrued untaken entitlement on … Continue reading

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

Australia: South Australia Labour Hire Licensing Bill Passes

The Labour Hire Licensing Bill 2017 (SA) (the SA Bill) was passed on 29 November 2017 by the Legislative Council of the South Australian Parliament and the licensing scheme is set to commence on 1 March 2018. Labour hire service … 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

China: Worker status – Contractors or employees?

In China, it is common for companies to engage independent contractors rather than employees when seeking to limit costs and liability. This approach has become particularly popular in certain service based industries such as hospitality, IT and consumer products sales. … Continue reading

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

Australia: Uncertain times – Labour hire licensing in Queensland

The Labour Hire Licensing Act 2017 (Qld) (Act), which was passed on 7 September 2017, has been proclaimed to commence on 16 April 2018. This means labour hire providers as defined by the Act will have 60 days from that … Continue reading

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

Japan: Conversion of fixed term employees to permanent employment

In a recent article published by the Ministry of Health, Labour and Welfare, the Ministry has clarified its position regarding the entitlement of dispatched workers who are employed on a fixed term basis to be converted to permanent employment upon … Continue reading

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

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 and more recently the South Australian Government2 … Continue reading

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