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Employment & Benefits

18 July 2018
Aaron Goonrey Got the gig? Worker classification in gig economy heats up

Australia - Lander & Rogers

The line between employee and contractor continues to be blurred in the gig economy. To avoid litigation, companies must determine how to classify workers. The Fair Work Ombudsman has launched legal proceedings against a food delivery business, Foodora, on the basis that it treats its workers as independent contractors rather than employees. While the gig economy awaits the outcome of the case, what should employers be doing in the meantime?

Authors: Aaron Goonrey, Luke Scandrett
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Jakob Widner Parliament passes new Working Time Act

Austria - Graf & Pitkowitz Rechtsanwälte GmbH

Parliament recently passed a new law that brings sweeping changes to the Working Time Act and will come into effect on 1 September 2018. The law – which was heavily debated in the media and caused much controversy among the 'social partnership' (the Austrian system for cooperation between the two sides of industry) – sets the stage for more flexibility in a changing work environment.

Author: Jakob Widner
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Cleber Venditti da Silva Arbitration now permitted for employment disputes

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

The recent labour and employment reform enacted in Brazil has introduced important changes to labour and employment relations. One of the principal changes is the introduction of arbitration for the resolution of employment disputes. Although the changing law requires a change of mindset, employers should take advantage of it and begin to consider the possibility of instituting arbitration for certain employment contracts.

Authors: Cleber Venditti da Silva, Roberto Nasato Kaestner, Marília Veiga Ravazzi, José Daniel Gatti Vergna
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Cathy Chandler New Brunswick to include workplace violence and harassment in health and safety legislation

Canada - Fasken

The New Brunswick government has introduced draft legislation amending the General Regulation 91-191, made under the Occupational Health and Safety Act, to include provisions regarding workplace violence and harassment. The amendments will require employers to establish a written code of practice, conduct a workplace violence risk assessment and develop measures and procedures for incident reporting, investigations and summoning immediate assistance.

Author: Cathy Chandler
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Andrea Nicolò Stanchi Supreme Court finds dismissal unlawful due to use of investigator to monitor job performance

Italy - Stanchi Studio Legale

The Supreme Court recently found that a dismissal for just cause is unlawful if the employer uses an investigator to monitor an employee's job performance. The ban on the use of investigative agencies also applies to activities carried out by employees off their employer's premises and renders investigative reports unusable unless they concern behaviour that suggests criminal activity.

Author: Andrea Nicolò Stanchi
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Sang Hoon Lee Recent changes to employment law affect business operations

South Korea - Lee & Ko

South Korea recently overhauled its employment laws. Some of the most significant changes that may have an impact on business operations concern annual paid leave entitlements and fertility treatment leave, eligibility for childcare leave, protection for workplace sexual harassment victims, mandatory disability awareness training and the scope of the anti-discrimination statutes.

Authors: Sang Hoon Lee, William Woojong Kim
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César Navarro How to reduce absenteeism

Spain - CMS Albiñana & Suárez de Lezo

Absenteeism costs Spanish companies approximately €77 billion a year and has become such a pressing issue that the Ministry of Finance has announced measures to combat it in the public sector. Companies must be proactive in implementing measures and controls to reduce absenteeism in order to raise employee awareness of such impact and enable them to avoid the implementation of coercive measures.

Authors: César Navarro, Elena Esparza
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Bethan Carney Too hot to handle? What employers should know about a heatwave

United Kingdom - Lewis Silkin

Over the past few months, the United Kingdom has gone from shivering in sub-zero temperatures to experiencing one of the hottest summers on record. Although the sun may be more welcome than the snow, it can still cause headaches for employers. As such, there are a number of factors that they should keep in mind when the mercury starts rising.

Authors: Bethan Carney, Tom Heys
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Recent updates

Norm Keith Two occupational health and safety appeal decisions to be aware of

Canada - Fasken

Author: Norm Keith
Hazel Oliver Supreme Court confirms Pimlico Plumbers are workers

United Kingdom - Lewis Silkin

Author: Hazel Oliver
Yoshikazu Sugino Are differences in employment conditions of fixed-term and permanent employees reasonable?

Japan - Nagashima Ohno & Tsunematsu

Author: Yoshikazu Sugino
Lucy O’Neill Spotlight on false self-employment and gig economy

Ireland - Mason Hayes & Curran

Author: Lucy O’Neill
Dániel Gera Decline in turnover as grounds for dismissal

Hungary - Schoenherr Attorneys at Law

Authors: Dániel Gera, Dorottya Gindl
Beril Yayla Sapan Supreme Court rules that borrowing money from customer is just cause for termination

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Pınar Ece Bişkin
Aaron Goonrey Visual contracts and pitfalls of employment agreements

Australia - Lander & Rogers

Authors: Aaron Goonrey, Coral Yopp
Merete Furesund Travel time is working time: Supreme Court confirms EFTA Court's approach

Norway - Homble Olsby Advokatfirma AS

Authors: Merete Furesund, Tore Lerheim