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Employment & Immigration

04 December 2019
Tala Khoury Unionising the gig economy: contractor or employee?

Canada - Fasken

One of the main disputes regarding the rise and proliferation of the gig economy is whether its workers are employees or contractors. Companies treat such workers as independent contractors, but some workers have been pushing back, claiming that they are employees. This has implications for their ability to unionise. The Ontario Labour Relations Board will soon be ruling on this issue when it determines whether Foodora couriers have the right to unionise.

Author: Tala Khoury
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Yvonne Frederiksen Are employers responsible for others' behaviour?

Denmark - Norrbom Vinding

A care assistant was treated in a sexually offensive manner by a disabled individual for whom she had been hired to care. The Eastern High Court determined that the care assistant's employer was not responsible for the disabled individual's behaviour, but that her subsequent dismissal contravened the Act on Equal Treatment of Men and Women.

Author: Yvonne Frederiksen
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Pooja Ramchandani Regulating India's gig economy

India - Shardul Amarchand Mangaldas & Co

The Ministry of Labour and Employment recently published the draft Code on Social Security 2019 in an attempt to amalgamate, simplify and rationalise the laws on social security. Notably, the code has introduced the concept of gig and platform workers to Indian labour law. In its current form, the code does not specify the extent of employers' obligations but merely lays out a framework. The government is expected to formulate detailed rules and regulations once the code enters into force.

Authors: Pooja Ramchandani, Srinivas Raman
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Marie Behle Pondji Employee surveillance in GDPR era

Luxembourg - Castegnaro

Following the introduction of the EU General Data Protection Regulation, employers are no longer obliged to notify and receive prior authorisation from the National Commission for Data Protection to undertake surveillance in the context of an employment relationship. However, this has not reduced the burden on employers – rather, their obligations in this regard have increased.

Author: Marie Behle Pondji
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Michael Paul Agius Copyright, patents and the Trade Secrets Act – are employers now protected?

Malta - Fenech & Fenech Advocates

The new Trade Secrets Act entered into force in May 2019. This article examines what the new act means for employment relationships with regard to copyright, patents and trade secrets. Among other things, employers should prepare written policies to inform employees of their rights and obligations, explain what IP rights are and clarify that any creations belong to the company.

Author: Michael Paul Agius
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Solomon Oshinubi Ministerial consent for release of oil and gas workers: unwarranted interference in employment contracts

Nigeria - Bloomfield Law

The Department of Petroleum Resources (DPR) recently issued guidelines in order to establish procedures for obtaining the consent of the minister of petroleum resources before releasing Nigerian workers in the oil and gas industry. The guidelines have been met with widespread criticism, mainly with regard to the DPR's legal right to issue regulations which not only interfere with, but also call into question the sanctity of, employer-employee contractual relationships.

Authors: Solomon Oshinubi, Adekunle Obebe
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Agnieszka Fedor Amendments to Code of Civil Procedure

Poland - Sołtysiński Kawecki & Szlęzak

The Act of 4 July 2019 – which amended the Code of Civil Procedure and other acts, including Poland's labour and social security law – has received significant attention. Among other things, these amendments have introduced pre-trial proceedings and permit the courts to order employers to continue to employ a worker until proceedings are concluded, not only if termination of employment is considered ineffective, but also when the worker has been reinstated in their job.

Authors: Agnieszka Fedor, Agata Miętek
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Kerry Salisbury Strike injunction refused because ballot notification complied with legal requirements

United Kingdom - Lewis Silkin

The Court of Appeal has refused an application by British Airways plc for an injunction to restrain strike action by airline pilots, thereby ruling that the trade union provided sufficient detail as to the categories of employee to be balloted under the statutory rules. The ruling provides useful clarification for unions and employers when they are respectively drafting and supervising industrial action ballot notices.

Authors: Kerry Salisbury, Taya Sayekaya
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Recent updates

Michael Burd Judges are workers protected by whistleblowing law

United Kingdom - Lewis Silkin

Author: Michael Burd
Luke Tapp New DIFC insolvency and employment laws – what do they mean for employment relationships?

United Arab Emirates - Pinsent Masons

Authors: Luke Tapp, Andrea Hewitt-Sims, Ruth Stephen
Peter Stockburger Ten new California laws your business must understand for 2020

USA - Dentons US LLP

Authors: Peter Stockburger, Cynthia Jackson
Yvonne Frederiksen Where's the limit?

Denmark - Norrbom Vinding

Author: Yvonne Frederiksen
Guy Castegnaro Draft law amends right to leave for family reasons and clarifies reclassification provisions

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Audrey Whyte New paid parental leave scheme

Ireland - Lewis Silkin

Author: Audrey Whyte
Shay Teken Israeli labour and employment law – an overview

Israel - Fischer Behar Chen Well Orion & Co

Authors: Shay Teken, Moran Friedman, Hilla Sachs, Amit Bechler
Marc Rodrigue Only buying assets? Look out for surprise employment liabilities!

Canada - Fasken

Author: Marc Rodrigue