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

Australia: Queensland notifies Labour Hire Licensing Regulation

The Labour Hire Licensing Regulation 2018 (Qld) was notified Friday, 6 April 2018. Key matters addressed in the Regulation are: exclusions from the scheme established in the Labour Hire Licensing Act 2017 (Qld); and detail of the operational requirements of … 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

India: Maharashtra Adopts Model Shop and Establishments Legislation

By way of the Maharashtra Shops and Establishments Act, 2017, the state of Maharashtra has adopted the Central Government’s model legislation intended to increase the ease of doing business and boosting employment opportunities for women. The Act represents significant reform … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

Philippines: Crack Down on Contracting

The Philippines Government has been stepping up its efforts to crack down “labor-contracting” to protect workers’ rights, as evidenced by the increase in its monitoring and enforcement actions. It is necessary for companies to ensure that service contractors and sub-contractors … Continue reading

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

UK: Government responds to Taylor Review with ‘Good Work plan’

The government has this morning issued a press release announcing its response to the independent Taylor Review published last year (see our summary here). The government has given a general commitment to pursue quality of work in addition to number … 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), Workplace flexibility and family-friendly rights

Australia: Uber driver not an employee – Fair Work Commission finds

The ceaseless trend towards casualisation and new rules of engagement in the gig economy is a modern fact of life. From bicycle couriers to ride sharers and food deliverers, relationships around work continue to fascinate. In the political realm, parliaments … Continue reading

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

Australia: Establishing an Australian Modern Slavery Act and its impact on Australian Business

Australia’s Joint Standing Committee on Foreign Affairs, Defence and Trade (‘Committee’) has handed down its final report in its inquiry into establishing a Modern Slavery Act in Australia. The inquiry included consideration of the Australian Government’s announcement in August 2017 … 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: Australia

Australia: Victoria – Labour Hire Licensing Scheme introduced

Following an inquiry into work arrangements in the labour hire industry, the Victorian Government has recently introduced the Labour Hire Licensing Bill 2017 (Bill). The Bill establishes a licensing scheme for labour hire providers and creates civil and criminal offences … 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

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)

Spain: Broader restrictions in the use of subsequent fixed-term employment contracts

The Spanish Supreme Court (the ‘Supreme Court’) has confirmed that the employment relationship between a temporary employee and its employer may not be broken by a break in service of as long as three and a half months between two … Continue reading

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

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