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…
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…
Policy actors and broad societal and scientific movements from around the world call for action in order to address the problem of climate change. The urgency is beyond doubt. But labour law scholarship, so far and largely speaking, still ignores or barely touches the subject. Furthermore, labour law has not yet developed a real strategy…
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…
In its judgement of 17 October 2019, in the case of López Ribalda v. Spain, the Grand Chamber Applications nos. 1874/13 and 8567/13) of the European Court of Human Rights (ECtHR) revised the former judgement of the third section of the court. The Court now held that video surveillance of workers did not violate the right to privacy…
In cooperation with the Delegation of the Emilia Romagna Region to the European Union, the Marco Biagi Foundation (University of Modena) organized a conference on “Employment and Jobs beyond 2020: Challenges and Perspectives for the European Union” in Brussels on 10 October 2019. In my presentation, I was invited to focus on “Informal employment”. The…
In a series of posts on this blog, I have emphasised the centrality of skills to work. I have identified skills’ recognition as vital in facilitating access to and participation in the labour market. I have noted the importance of education and training in preparing people for work. And I have identified the role which…
In 1890, Warren and Brandeis defined the right to privacy as ‘the right to be let alone’ (4 Harvard Law Review, 93-220). What if we apply this in a modern work context? In light of automation and new technologies in the work environment, the right to privacy has become part of the labour law language….
In a series of earlier entries on this blog, I have argued that all human activity is skilled; work involves the productive use of one’s skills; the most fundamental right in relation to work must be the right to work; an important derivative right thereof is the right to have one’s skills recognised; and the…
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…
This post constitutes the latest in a series of blog posts reflecting on the skilled nature of work. In previous posts, I have argued that work is best characterised as skilled productive activity; that the right to work must be understood as the most fundamental right relating to work; and that an important derivative right…
The recent case of FCO and others v Bamieh [2019] EWCA Civ 803 in the Court of Appeal considered a particular aspect of the extra-territorial application of the Employment Rights Act 1996 (“ERA”), namely whether whistleblowing provisions could apply in respect of co-workers employed by the UK government but seconded to the international European Union…
The Regulation establishing the European Labour Authority (‘ELA’) was recently adopted by the European Parliament and the Council and will shortly come into force. It is expected that the ELA will be up and running by the autumn. The ELA is one of many measures which are being introduced as a result of the European…
