In April 2018, the Labour Tribunal of Turin, Italy, rejected a claim from six platform workers of the food-delivery company, Foodora, seeking to be reclassified as employees. In reaching his decision, the judge relied extensively on the fact that these workers were allegedly free to decide when to work and to disregard previously agreed shifts,…
Deepening Precarity Although it outlines rules for the workplace, employment regulation has also been imbued with perceived potential for economic stimulus. There has been an inherent tension in this dualism that sees the latter given greater importance. The certainty underlying these plans, however, does not match the unpredictability of economic changes. How can employment regulation…
On 19 and 20 March 2018 the XVIth annual Conference in Commemoration of Professor Marco Biagi took place in Modena, Italy. The conference is an interdisciplinary classic in the study of comparative labour law, labour markets and industrial relations. It is organized by the Marco Biagi Foundation at the University of Modena and Reggio Emilia…
This the fourth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here. Reportedly, another thorny proposal being discussed in the renegotiation process is revamping or else doing away with the investor-State dispute settlement mechanism provided under Section B…
Introduction On 21 February 2018, the Court of Justice of the European Union interpreted the notion of ‘working time’ mentioned in the European Working Time Directive (2003/88). The Court stated that stand-by time which a worker spends at home with the duty to respond to calls from his employer must be regarded as ‘working time’….
Tilting at windmills? Innovations in information technology can be both positive and negative when applied to the workplace. On the positive side, there is an extended reach for individuals in any one country. Borders become less of an obstacle. However, regulatory frameworks within jurisdictions may remain hardened. Employment is one regulatory framework in which rigidity…
This the third post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here. The rule of origin for conferring duty-free treatment to imports of motor vehicles within the NAFTA region has become one of the most contentious issues in the renegotiation process. Currently,…
Recently, the European Court of Human Rights (ECtHR) has put privacy in the workplace back to our attention. The fast pace of technological evolutions and the wide availability for consumers of communication and monitoring tools has brought surveillance practices within the immediate reach of employers and human resources practices. Three recent cases of the ECtHR…
On December 20, 2017, the CJEU passed a landmark case on the legal status of Uber. On February 19, KU Leuven’s Faculty of Law will hold a conference on the legal status of online intermediaries in the platform economy. Members of the faculty experts in all the relevant branches of the law will comment on…
Employment regulation as an economic stimulus draws attention to the connection between aims and actions. The United Kingdom should remain an intriguing study in this regard. As of 2019, the UK moves into the ‘Global Britain’ or ‘British Way’ era in which the country rebuffs EU-negotiated trade agreements and instead aims to negotiate similar if…
