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Employment & Benefits

February 07 2018
Mark Sullivan Uber driver fails to convince Fair Work Commission of employment relationship

Australia - Lander & Rogers

The Fair Work Commission recently rejected an Uber driver's claim of unfair dismissal on the grounds that he was an employee, upholding Uber's argument that he was instead an independent contractor. It stated that the fundamental elements of an employment relationship were absent from the relationship between the parties, as the driver was not required to perform work or provide services for the benefit of Uber, and Uber made no payments to the driver for the provision of any work or services.

Authors: Mark Sullivan, Kaitlyn Gulle
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Jakob Widner Accurate and complimentary – difficult standard for recommendation letters

Austria - Graf & Pitkowitz Rechtsanwälte GmbH

Under Austrian law, a recommendation letter must be truthful and cannot contain language that would aggravate the professional advancement of the employee. When truthfulness would result in less than lavish praise, employers must resort to a short-form recommendation letter, devoid of any information beyond the type of work performed and the duration of employment. This alternative, although accurate in its lack of praise, can aggravate an employee's career prospects.

Author: Jakob Widner
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Sólon Cunha Impact of labour reform on awards paid to employees

Brazil - Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados

The discussion regarding the legal nature of awards is not new to Brazilian labour courts, especially because amounts paid as awards could be considered salary, obliging the employer to include the award in the employee's salary and pay him or her every month or include this amount as a basis for determining the employee's labour rights. The legislative branch has tried to clarify this matter, defining the legal nature of awards, as well as the concept and legal criteria for their application.

Authors: Sólon Cunha, Amilton Ferreira, Vinicius Sabatine
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Thomas Rihm US companies bring care leave to Switzerland

Switzerland - Rihm Rechtsanwälte

Under Swiss employment law, employees are entitled to only three fully paid care days for an ill child; there is no regulation for parents, siblings or partners. Switzerland is not as generous as other countries regarding care leave, although some Swiss companies offer staff spontaneous and pragmatic solutions to family emergencies. However, US companies in Switzerland, such as Google and Microsoft, offer a number of weeks' paid care leave per year.

Author: Thomas Rihm
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Richard Moore Employment Appeal Tribunal confirms that employer's attempt to bypass collective bargaining is unlawful

United Kingdom - Lewis Silkin

The Employment Appeal Tribunal recently confirmed that offers made directly by an employer to its employees may constitute unlawful attempts to bypass collective bargaining contrary to Section 145B of the Trade Union and Labour Relations (Consolidation) Act. The tribunal held that the fact that collective bargaining had continued in this case did not prevent the employer's direct offers from having the prohibited result.

Authors: Richard Moore, David Hopper
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Recent updates

Michael Burd Discrimination based on perceived disability confirmed unlawful

United Kingdom - Lewis Silkin

Author: Michael Burd
William Spargo The bully-er or the bullied?

Australia - Lander & Rogers

Authors: William Spargo, Emma Lutwyche
Guy Castegnaro New law on leave for personal or family reasons and post-natal leave

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Dániel Gera Procedural aspects of equal treatment claims

Hungary - Schoenherr Attorneys at Law

Author: Dániel Gera
Shoshana Gavish Recording employee attendance by biometric fingerprinting

Israel - S Horowitz & Co

Author: Shoshana Gavish
Jun Kanda Overtime regulation bill to undergo deliberation

Japan - Nagashima Ohno & Tsunematsu

Author: Jun Kanda
Andreas Hofelich Act to Strengthen Company Pensions brings important changes for employers

Germany - CMS

Authors: Andreas Hofelich, Michael Rein, Michael Weth
Roch Pałubicki Social security contributions of self-employed managers

Poland - Sołtysiński Kawecki & Szlęzak

Authors: Roch Pałubicki, Katarzyna Pikiewicz