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

UK: Good Work consultations published

Following this morning’s announcement of the government’s response to the Taylor Review (see our earlier blog post), the government has just published its detailed response along with the four consultations trailed.  Links to the relevant documents are below. response paper consultation … 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)

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

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