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…

On 17 November 2017 the ‘European Pillar of Social Rights’ (“EPSR”) was officially proclaimed by the EU leaders at the occasion of the Social Summit held in Gothenburg, Sweden. Three years later, the European Union is set to deliver an action plan. In a Communication of 14 January 2020, the European Commission launched a communication[1] to…

This file includes the chapter F come Fabbrica. Cipputi, lo Statuto, i diritti dalla catena di montaggio alle app (F for Factory. Blue-collar work, the Workers Statute, 1970, labour rights from the assembly line to the apps), published in the book Lavorare, è una parola. Un alfabeto corale a cinquant’anni dallo Statuto dei lavoratori, edited by…

On 30 June 2020, the Mexican ministry of labor Secretaría del Trabajo y Previsión Social (STPS – Secretary of Labor and Social Protection) issued its report on Public Communication No. MEX 2016-1 under the North American Agreement on Labor Cooperation (NAALC). Better known as the NAFTA labor side agreement, the NAALC was in effect in…

Mural at the International Labour Organization (Geneva)

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…

From an EU social and labour policy perspective, 2020 started off on the right foot. In mid-January, the Commission presented its Communication on “A Strong Social Europe for A Just Transition”. In the Communication, the Commission’s priorities (the European Green Deal and the digitalization agenda) appeared to be intertwined with the commitment to promote fairness…

As the COVID-19 pandemic engulfs the world, requiring an unprecedented and, as of yet, unforthcoming global response, the idea of Brexit, the sheer self-indulgence and chicanery of Brexit, has quickly become remote from the minds of policy makers and peoples alike. Nevertheless, with negotiations on ‘forging a new partnership’ between the EU and the UK…

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…

Jeremias Adams-Prassl, Antonio Aloisi, Nicola Countouris, Valerio De Stefano   In late April 2020, the Court of Justice of the EU handed down an order in response to a request for a preliminary ruling on working time protection from a UK employment tribunal. The case dealt with the distinction between genuine self-employed persons excluded from…

The year 2020 will be known forever as a historic breaking point. The corona crisis poses unprecedented challenges for policymakers, businesses and citizens around the world. Mankind is, as it were, being forced to adapt to these new living conditions in the very short term. They imply not only a new lifestyle, but also a…

The worldwide and fast spread of the corona virus and the Covid-19 disease gave momentum to homework for workers having office jobs. While information and communications technology allows workers to be available for work 24/7 the – mostly – abrupt decision of employers to put their staff on teleworking from home creates legal and practical…

We all can see the impact of the coronavirus on labour markets in our daily lives: people stay at home, workers work remotely, if possible we keep social distance, businesses close (some temporarily and others definitively), travel is limited or impossible, there are quarantine measures. The reality of today gives an outlook of the labour…

It cannot be disputed that labour law has served and still serves as the institution that protects the dependent workforce. Yet labour law has also served the purpose to codify the authority of the employers over their employees while, in return, recognising them the entitlement to certain rights they can invoke against the employer itself….

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…

Valerio De Stefano,* Ilda Durry,* Harry Stylogiannis,* Mathias Wouters* It started as an investigation into something long dismissed as an urban legend. Finally, even if far too late, the awful scale of the Parisian Ligue du LOL – internationally known as the LOL league – unfolded. Members of a private social media group had ‘cyber-harassed’ people for several years. Some commentators…

Széchenyi Chain Bridge, Budapest, Hungary © David Mangan

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…