Surface-Level Compliance vs. Meeting The Deeper Purpose The Platform Work Directive has finally entered into force, and with it an obligation for Member States to establish an effective rebuttable presumption of employment for service providers in the platform economy. The Directive itself does not clearly determine what the standard of protection that Member States must…
Introduction On February 2, 2025, a significant milestone was reached in protecting workers’ fundamental rights as Chapter I [General Provisions] and Chapter II [Prohibited Practices] of the AI Act became applicable.[1] Two days later, on February 4, 2025, the European Commission approved the draft non-binding guidelines on the practical implementation of the prohibited AI practices…
The National Labor Relations Act (NLRA)[1] is the principal law protecting the labor rights of private-sector employees in the United States. While the second Trump administration’s attack on workers is multi-faceted,[2] private-sector workers are by far the largest segment of the work force at risk.[3] Unfortunately, because of the administrative structure of the NLRA, the…
On 11 March 2024, the European co-legislators approved a Directive on improving working conditions in platform work—the ‘Platform Work Directive’ (PWD).[1] It targets two challenges in digital labour platforms: false self-employment (Chapter II) and algorithmic management (Chapter III). Additionally, it increases transparency, especially for Member States (Chapters IV–V).[2] Some analysts called the final text ‘watered…
Comment on CJEU judgment of December 19, 2024 – Case C-531/23 Loredas ECLI:EU:C:2024:1050 In many jurisdictions, domestic workers are still excluded from key areas of labour and social security law. Where ILO Domestic Workers Convention 189 (that was brought about by an international movement of domestic workers[1]) established the principle of equal treatment for domestic…
This blogpost looks closer at the Working Time Directive (2003/88) and the possibility under Article 22 to opt-out of the maximum weekly working time of 48 hours. Denmark recently introduced this opt-out in its working time legislation. The Danish legislator did not choose a wide derogation providing more flexibility to employers in general, but rather…
We wish all readers the best as we close out 2024. We look forward to providing you with more in 2025. Happy holidays. Joyeuses Fêtes. Fijne feestdagen.
Introduction On 25 July 2024, the Corporate Sustainability Due Diligence Directive (CSDDD) entered into force, marking a new era of corporate accountability for companies’ negative impacts on human rights and the environment. The CSDDD contains provisions on due diligence obligations for large corporations which entail, among others, the development of a due diligence policy and…
A burning post-war question that has been a source of much debate within trade union organisations is that of ‘Europe,’ which, through ‘deepening’ and ‘widening’, has changed in form and content across time. National trade unions have expressed different preferences towards ‘Social Europe’ from those advocating ‘ever closer union’ to those supporting ‘unity in diversity.’…
General Overview of European Court of Human Rights Interpretation on Article 11 of the European Convention on Human Rights Industrial conflicts and industrial actions have long and significant effects on collective bargaining. The right to strike, a traditional type of collective action is the most effective power of trade unions and workers to promote their…
