The example of Belgium In the 1960s, employees were by far the most important category of persons active in the private labour market, who traditionally fell within the scope of protective labour law. However, the world of work has changed dramatically in recent decades, with more and more persons taking on other statuses and a…
The right to disconnect has been one of the most talked about labour topics in recent years at European level. Recently, the topic took the spotlight in Portugal. 1. The Portuguese new bill Law 83/2021, of 6 December 2021, which entered into force at 1 January 2022, amended the Teleworking Framework set forth in the…
Is the European Commission’s proposed directive on adequate minimum wages an attempt to build resilience into the labour market? The European Commission’s proposed directive on adequate minimum wages (Directive on adequate minimum wages in the European Union COM/2020/682 final) has elicited strong opinions. (The Commission’s Impact Assessment also adds to the discussion.) The adequate minimum…
In a judgment published earlier today, the Supreme Court of Ireland has confirmed that some forms of collective agreements may be extended erga omnes across economic sectors, thereby helping to bring the benefits of collective bargaining to more people working in Ireland. This note gives a brief background to the colourful history of collective sectoral…
In early April 2021, a draft EU Regulation on a European Approach to Artificial Intelligence was leaked to the press. The draft had been already attentively commented, among others, by Dr Michael Veale (UCL Faculty of Laws). The draft Regulation, however, raised many specific concerns about the use of AI at work to be addressed…
Will offices close in favour of telework/remote work? It is unclear whether telework/remote work will be taken up (where feasible) in a significant manner once businesses more widely re-open. The question of continued use of office space (as well as in what capacity and size) has been posed and widely noted in newsmedia with attention-grabbing…
Reclassification of ‘gig’ workers in California The State of California passed a law in force as of 1 January 2020 that classified ‘gig’ workers as employees of the platforms engaging their services ‘unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the…
In two previous blog posts (one here on this blog and an earlier one on EU Law Analysis) I pre-emptively commented on the possible legal construction of professional qualification recognition post-Brexit. Now that the EU-UK Trade and Cooperation Agreement has been published, it is appropriate to describe and critically reflect upon the actual legal construction…
On 22 June 2020, the European Social Partners released their Autonomous Framework Agreement on Digitalisation.The Social Partners signing this agreement were: BusinessEurope, SMEunited, CEEP, ETUC and the liaison committee EUROCADRES/CEC, The Agreement is welcome (particularly in the midst of a pandemic) as an acknowledgement of the continuing movement towards a predominantly digital means of working…
Are exploitative contracts part of innovation? 2020 has not only been a year of pandemic. The year has also provided additions to the growing tome of ‘gig economy’ litigation; case law that has largely (though not exclusively) centred around Uber. Employment status has been the focal point of this discussion. Attention should be drawn to…
