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12 January 2021
EU: European Commission launches an consultation on allowing collective bargaining for self-employed workers
Faced with legal uncertainties resulting from European treaties that can see online platforms employees being considered as companies, and therefore any potential collective agreements as illegal, the European Commission is looking to allow self-employed workers have access to the right to collective representation. As such, the European Commission is launching a consultation that will run from 06 January – 03 February, and will publish the results with a view to adopting future legislation. While the...
8 January 2021
EU: Portuguese Presidency of the Council targets breakthroughs on social issues
Portugal took over the rotating presidency of the Council of the European Union on 1 January 2021 and the member state has clearly placed social issues at the top of its agenda for its six-month presidency. “Time to deliver: a fair, green and digital recovery,” is the motto chosen by Portugal, which plans to organise an informal social summit of European leaders and to reach an agreement in the Council of the EU on the coordination of social security systems and minimum wages, amongst other things.
7 January 2021
Brexit: draft exit agreement and coordination of social security schemes for mobile workers
It’s hard to ignore decades of interlocking economies combined with worker mobility. The draft UK EU exit agreement concluded on 24 December 2020 (here) largely takes up the existing EU rules on social security scheme coordination for mobile workers, marking an appreciable advantage for companies as well as for citizens moving between the EU and the UK, since they will be able to continue enjoying a certain number of social protection rights. However, separate rules from those in force within the EU are...
7 January 2021
Brexit: draft exit agreement and GDPR
The draft Trade and Cooperation Agreement between the EU and the UK contains an interim provision for the transfer of personal data to the UK which provides for a period of four months (which may be extended by a further two months) during which time the UK will not be treated as a ‘third country’ under GDPR, and thus allow for the free flow of data from EU and EEA Member States to the UK. The UK must nevertheless meet certain conditions, including not altering its rules without EU agreement, otherwise this transitional window will immediately expire and lead to the UK being treated as a ‘third country’. Were this to happen an...
4 January 2021
Best wishes for the new year
The Planet Labor team is back and more galvanised than ever. The editorial team would like to wish you a wonderful 2021!
4 January 2021
Brexit: how the EU-UK trade deal unveiled just before Christmas will impact labour rights and social protection
On 24 December, a week before Brexit took full effect on 1 January, the EU and UK finally struck an agreement on their future trade and economic partnership. The agreement covers not just trade in goods and services, but also a broad range of other areas such as investment, competition, state aid, tax transparency, air and road transport, energy and sustainability, fisheries, data protection, and social security coordination, as well as commitments to ensure fair competition, by maintaining high levels of...
4 January 2021
China: investment agreement struck with EU and commitments to ratify ILO conventions
On 30 December, the European Union struck an investment agreement with China after seven years of negotiations, in an initiative that has been backed by Angela Merkel and the German presidency of the Council of the EU, which came to an end on the following day. The agreement will enable better access to the Chinese market for European investors, allow for an end to forced transfers of technologies, particularly in the case of joint ventures, and will improve the fairness of competition with Chinese companies. When...
8 December 2020
EU: CJEU dismisses appeals by Hungary and Poland to annul the directive strengthening posted workers’ rights
Hungary and Poland have failed in their attempt to derail Directive (EU) 2018/957, which amends and strengthens Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. On 08 December, the Court of Justice of the European Union dismissed the actions for annulment brought by Hungary and Poland against Directive (EU) 2018/957 which has applied since 30 July 2020, and which reaffirms the principle of equal treatment (cases C-620/18 and C-626/18, here). In support of their...
7 December 2020
EU: Parliament’s Employment Committee adopts resolution on the right to disconnect
A resolution for a right to disconnect, which was proposed in July by the Maltese MEP Alex Saliba, was adopted on 1 December by MEPs in the European Parliament’s Committee on Employment and Social Affairs. The resolution is expected to be voted on at a plenary session in January next year. The resolution demands that the European Commission propose a directive that enshrines the right to disconnect and sets out what that directive would include. If the resolution is adopted, the Commission will be required to...
2 December 2020
EU: Council ministers call on the Commission to adopt a regulation on human rights related corporate due diligence obligations
In the conclusions of its 01 December meeting devoted to decent work, the Council of European Labor Ministers gave their respective Member State’s support to initiatives announced by the EU Commission to strengthen human rights protection along European corporate supply chains. Indeed, EU Justice Commissioner Didier Reynders is working on a draft directive aimed at creating a human rights due diligence obligation on companies, which is expected for spring 2021 (c.f. article No.11914). In particular, the Council...