Will offices close in favour of telework/remote work? It is unclear whether telework/remote work will be taken up (where feasible) in a significant manner once businesses more widely re-open. The question of continued use of office space (as well as in what capacity and size) has been posed and widely noted in newsmedia with attention-grabbing…
Reclassification of ‘gig’ workers in California The State of California passed a law in force as of 1 January 2020 that classified ‘gig’ workers as employees of the platforms engaging their services ‘unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the…
On 22 June 2020, the European Social Partners released their Autonomous Framework Agreement on Digitalisation.The Social Partners signing this agreement were: BusinessEurope, SMEunited, CEEP, ETUC and the liaison committee EUROCADRES/CEC, The Agreement is welcome (particularly in the midst of a pandemic) as an acknowledgement of the continuing movement towards a predominantly digital means of working…
Are exploitative contracts part of innovation? 2020 has not only been a year of pandemic. The year has also provided additions to the growing tome of ‘gig economy’ litigation; case law that has largely (though not exclusively) centred around Uber. Employment status has been the focal point of this discussion. Attention should be drawn to…
Covid-19: Long-term vs short-term Assessing the effect of the coronavirus pandemic of 2020 on work and employment will be a long-term endeavour. While much of the emphasis has been on when and how economies may safely re-open, we draw attention to the undervalued workplace considerations therein. We have produced an early assessment of measures taken…
Introduction The field of digitalisation and privacy at work has received two major European Union initiatives over the last few days. First, on 24 June 2020, the European Commission issued its first report on the evaluation and review of the General Data Protection Regulation (the ‘GDPR’). It officially takes the form of a Communication from…
Positioning for a new economic start A popular cultural reference point for the Latin phrase carpe diem has been the film Dead Poets Society, starring the late Robin Williams. In this movie, the English teacher, portrayed by Williams, uses this Latin phrase at the opening of his first class with his students. The scene from…
Foodora Leaves Canada The pandemic of 2020 is a demarcation point that will take some time to understand. In the midst of such profound changes to daily life, labour law remains one background to these challenges. After its riders in the Canadian province of Ontario won a challenge to their union certification on 28 February…
Reflecting on digitalization (as a collective term for artificial intelligence, robotization and new technologies) of the workplace draws out the confused intermingling of outcomes and ambitions. The aims of technological innovations entrench an economic understanding of efficiency, often at the expense of social considerations, which pose significant potential to displace human workers. These aims, as…
Can an employee be an expert in her work, beyond her employment? Employees engaged in knowledge or service industries have taken the initiative to also market themselves as leaders in their industries using online sources. Platforms such as LinkedIn may be used. Alternatively, a website that offers industry-specific information may be created by the employee. The…
The ‘digital agricultural revolution’ and ambitions for technology in the workplace Industry 4.0. This is the name used by the European Parliament in 2015 to describe the convergence of changes in a variety of areas, including ‘the design, manufacture, operation and service of manufacturing systems and products.’ The 4.0 in Industry 4.0 denotes the ‘fourth…
Thinking positively ‘Do or die’, the UK will leave the EU by end of October 2019. Since assuming the role of Prime Minister, Boris Johnson has made a number of spending commitments including: £1.85 billion for hospital upgrades and equipment, 20,000 more police officers by 2022, more money for schools, and raising the higher tax…
What is the scope for freedom of expression in globalization? Regulating for Globalization focuses on its namesake with an emphasis on trade, labour and European Union law. Each of these topics can be discussed on their own. There are, additionally, topics which link each of them. It is contended that free speech is one of them….
The law of obligations and SMEs With its first released decision of 2019, the Ontario (Canada) Court of Appeal added itself to the growing list of Uber litigation Heller v Uber Technologies Inc 2019 ONCA 1. Most often, Uber drivers challenge their employment status. Largely, courts have found against Uber; drivers fall into some aspect…
Connectivity brings a broader range of work Social media platforms connect individuals in ways that often blur the line between work and leisure. Although there has been an increase in the number of employment law cases illustrating the negative aspects of this intersection, there are opportunities within the platforms. In fact, the platforms may constitute…
The networked society as a new landscape for obligations The neighbour principle On 26 May 1932, the UK’s House of Lords, released its decision in Donoghue v Stevenson. This decision has been influential for tort law in the common law world. Often referred to in less austere terms such as the ‘snail in the bottle…
In 1997, Fareed Zakaria wrote of illiberal democracies. His concern centred around the freedoms (such as speech, assembly, religion, property) that Zakaria termed ‘constitutional liberalism’. These natural rights held by human beings were to be respected by government. Illiberal democracies casually ignore constitutional limitations and undercut the aforementioned ‘basic’ rights. Zakaria’s observation has offered insight for…
The evolution in understanding privacy and personal data Visitors to major cities will become familiar with colour coding of the various means of transportation: for example, yellow cabs in New York; black cabs in London. Supplanting these colourful vehicles are alternatives to the regulated taxi industry, such as Uber or Lyft. The present contribution focuses…
Deepening Precarity Although it outlines rules for the workplace, employment regulation has also been imbued with perceived potential for economic stimulus. There has been an inherent tension in this dualism that sees the latter given greater importance. The certainty underlying these plans, however, does not match the unpredictability of economic changes. How can employment regulation…
Tilting at windmills? Innovations in information technology can be both positive and negative when applied to the workplace. On the positive side, there is an extended reach for individuals in any one country. Borders become less of an obstacle. However, regulatory frameworks within jurisdictions may remain hardened. Employment is one regulatory framework in which rigidity…
