War and oppression plague the world. Peaceful relations among states still seems like a distant dream. From a labour lawyer’s perspective, the quest for an international legal order among states parallels the historical development of the legal order among labour and capital on the labour market. In the purpose of fueling a discussion on the…
Introduction: the need for a new employment presumption The Portuguese Labour Code was recently amended through Act 13/2023, of 3 April (known as the “Decent Work Agenda”), which entered into force on 1 May 2023. This reform was driven by several concerns, namely the precarious situation of platform workers. And, precisely, one of its innovative…
Introduction: Amazon and its warehouses Many of the products stored in Amazon’s Barcelona BCN3 warehouse can be ordered by a customer in Milan and received within 24 hours. In fact, several flights a day operated by Amazon Air depart from Barcelona-El Prat (Terminal 2B), to land in Milan Malpensa and reach the Amazon centre in…
Not really working On 21 November 2023, the UK Supreme Court delivered its long-awaited decision in the Deliveroo case. The judgment, concluded that the Deliveroo riders organised and represented by trade union IWGB were not in an ‘employment relationship’ for the purposes of Article 11 of the ECHR. Fatal to this claim was, in particular,…
We wish all readers happy holidays and we look forward to providing you with more in 2024. Happy holidays. Joyeuses Fêtes. Fijne feestdagen.
An armed conflict has always a severe impact on civilians in their role as workers, and on workplaces. Of particular concern are violations of fundamental labour rights, such as the prohibition of forced or compulsory labour, contained in the ILO Forced Labour Convention No. 29 and its Protocol of 2014, and in the Abolition of…
Background The proposed EU directive on improving working conditions in platform work is the first legislative initiative that attempts to regulate the use of AI, in the form of algorithmic management, in the workplace. This innovative legislative proposal pursues a double goal: first, correcting the employment status of people working in digital labour platforms and…
Problem statement The global workplace quests for both employer-driven and employee-driven flexibility. Such extent of flexibility goes hand in hand with autonomy for workers to decide where, when and how to work to their own discretion. Autonomy, powered by ICT, makes it possible to work anytime anywhere. Time and place independency and autonomy in work…
Introduction Knowing the applicable legislation for social security matters is crucial for workers engaging in cross-border activities within the European Union. For individuals who reside and work within the same country, determining the correct solution is relatively simple – the person will fall under the legislation of the State of residence. However, for individuals engaged…
Considering “privacy@work” In their article of 1890, Warren and Brandeis wrote of a “right to be let alone”. Nowadays, the right to privacy has become a fundamental right, recognised in many international human rights instruments (including Article 12 of the Universal Declaration on Human Rights, and Article 17 of the International Covenant on Civil and…
