This the seventh post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here, for Part V click here, for Part VI click here. The United States and Canada are continuing their meetings this week to try…

This the sixth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here, for Part V click here. The terms of the bilateral agreement reached by the United States and Mexico on August 27, 2018, as…

This the fifth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here. On August 27, the United States and Mexico announced having reached a preliminary agreement regarding the terms under which they would conclude…

As the deadline for Brexit is fast approaching, the UK government published guidance setting out the consequences of a No Deal with the European Union on its exit on 29 March 2019. While the announcement emphasised the priority to reach a deal with the EU, the government sought to provide advice to business and citizens…

Please find below the journal abstract of  “Constitutionalizing Labour Rights: Informal Homeworkers in Global Value Chains” by Marlese von Broembsen, published in International Journal of Comparative Labour Law and Industrial Relations, Issue 3, Volume 34, 2018 edited by Guy Davidov. This article analyses, from a constitutionalism perspective, the ubiquitous ‘due-diligence human rights framework’ that aims to hold multi-national…

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 Independent Workers’ Union of Great Britain (IWGB) submitted an application to the Central Arbitration Committee (CAC) in order to be recognized for collective bargaining in North London. In November 2017, the CAC’s decision denied the “Roos” the right to negotiate their working conditions to the following extent: they are not workers. The reasoning developed…

We wanted to draw your attention to some interesting articles on Regulatory Innovation on Decent Work for Domestic Workers in the Light of International Labour Organization Convention No. 189 that appeared in International Journal of Comparative Labour Law and Industrial Relations Volume 34, issue 3, 2018, edited by Guy Davidov.   Adelle Blackett, Introduction (2018) 34, Issue 2,…

The United Kingdom Supreme court confirmed on 13 June 2018 in the case of Pimlico v Smith what another three lower courts had already decided in the same case: that attempts by employers to label workers as self-employed under elaborate contractual arrangements can be unravelled by the judiciary to benefit the individuals. This decision follows…

In April 2018, the Labour Tribunal of Turin, Italy, rejected a claim from six platform workers of the food-delivery company, Foodora, seeking to be reclassified as employees.  In reaching his decision, the judge relied extensively on the fact that these workers were allegedly free to decide when to work and to disregard previously agreed shifts,…

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…

On 19 and 20 March 2018 the XVIth annual Conference in Commemoration of Professor Marco Biagi took place in Modena, Italy. The conference is an interdisciplinary classic in the study of comparative labour law, labour markets and industrial relations. It is organized by the Marco Biagi Foundation at the University of Modena and Reggio Emilia…

This the fourth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here.   Reportedly, another thorny proposal being discussed in the renegotiation process is revamping or else doing away with the investor-State dispute settlement mechanism provided under Section B…

Introduction On 21 February 2018, the Court of Justice of the European Union interpreted the notion of ‘working time’ mentioned in the European Working Time Directive (2003/88). The Court stated that stand-by time which a worker spends at home with the duty to respond to calls from his employer must be regarded as ‘working time’….

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…

This the third post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here.   The rule of origin for conferring duty-free treatment to imports of motor vehicles within the NAFTA region has become one of the most contentious issues in the renegotiation process. Currently,…

Recently, the European Court of Human Rights (ECtHR) has put privacy in the workplace back to our attention. The fast pace of technological evolutions and the wide availability for consumers of communication and monitoring tools has brought surveillance practices within the immediate reach of employers and human resources practices. Three recent cases of the ECtHR…

On December 20, 2017, the CJEU passed a landmark case on the legal status of Uber.  On February 19, KU Leuven’s Faculty of Law will hold a conference on the legal status of online intermediaries in the platform economy. Members of the faculty experts in all the relevant branches of the law will comment on…

Employment regulation as an economic stimulus draws attention to the connection between aims and actions. The United Kingdom should remain an intriguing study in this regard. As of 2019, the UK moves into the ‘Global Britain’ or ‘British Way’ era in which the country rebuffs EU-negotiated trade agreements and instead aims to negotiate similar if…