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14 July 2020
Ireland: public consultation launched to inform guidance on remote working
The consultation was launched by the Irish Department of Business, Enterprise and Innovation on 9 July and will run until 7 August in order to inform an update to guidance on remote working for both employers and employees. The most recent guidance on remote working was published in December last year. However, the department says, “much has changed since the publication of the report” and although a new guide for remote working was published specifically to address the exceptional situation created by the...
Remote work regulations
13 July 2020
Australia: job retention aid to be sustained over the long term
Following a new outbreak of coronavirus cases in the capital of the Australian state of Victoria, Greater Melbourne, which has a population of over 5 million, went into lockdown once again for six weeks, as of the evening of 8 July, just two months after the government announced a step-by-step programme to ease restrictions. These drastic new measures, even though residents are still allowed to go out to work, raise questions about the follow-up to the job retention measures adopted early on by the Australian...
Managing the fallout of Covid-19
10 July 2020
United Kingdom: High Court permits union to challenge government on lack of protections for gig economy workers
On 9 July, the Independent Workers Union of Great Britain revealed that the UK High Court has granted the union permission to challenge health and safety legislation in the country. Amid the ongoing Covid-19 pandemic, the IWGB will be able to proceed with a so-called judicial review and ask for a judge to rule on whether the UK government has failed in its obligation to transpose health and safety directives from EU law into UK law. The IWGB believes that, although according to the European directives all workers...
10 July 2020
France: companies cannot propose to their employees that they waive salary increases provided for by collective agreement (court decision)
The ruling handed down on 30 June under emergency procedures recalls the fundamental principles of the predominance of the collective agreement over the individual agreement and of the most advantageous agreement, even if this was not at issue in the case. At issue was Michelin’s decision, following the refusal of a trade union organization to sign an amendment to a previous...
9 July 2020
UK: job retention bonus payment for employers bringing back employees after furlough
On 08 July the UK government unveiled a vast post-Covid recovery plan that looks to inject £30 billion pounds (€33 billion). Dubbed the ‘Plan for Jobs’, the package of measures includes a £1,000 per employee payment made to companies bringing back employees who were previously placed on the job retention scheme (furlough), incentives to hire apprentices, and reimbursement for certain types of young people’s contracts.
Managing the fallout of Covid-19
9 July 2020
EU: final adoption of the legislative package on road transport working conditions
The vote on 08 July by MEPs brings to a close a three-year parliamentary process on a package of three pieces of legislation aimed at improving drivers’ working conditions and ending distortion of competition in the road transport sector. The revised rules address the posting of drivers, their driving times and rest periods as well as better enforcement of cabotage rules (the transport of goods carried out by non-resident hauliers in a host Member State on a temporary basis). The rules on posting will apply...
8 July 2020
Ikea will return government aid for short-time working to nine countries
The Swedish furniture giant has announced its intention to reimburse EUR 500,000 to the Portuguese government for the salary support it received from the state to pay Ikea employees who were placed on short time working during the coronavirus pandemic. Under the current short-time working system the state social security scheme pays 2/3 of the salary (reduced by 30%). Ikea has estimated that the upturn in business activity and turnover occurring during the easing of lockdown conditions makes this reimbursement...
7 July 2020
Italy: Constitutional Court rejects one the Jobs Act’s flagship measures and returns more leeway to judges for setting compensation in cases of unfair employment dismissal
At the end of June, Italy’s Constitutional Court examined the constitutional questions raised by the courts of Bari and Rome over the criteria used to determine the severance pay due to workers who were hired under the ‘rising levels of employment protection contract’ after March 2015 and who were subsequently individually and unfairly dismissed. In a statement preceding the...
2 July 2020
Chile: legislation on remote working comes into force
While in neighbouring Argentina, legislation regulating remote working is currently under parliamentary examination (Congress adopted the bill on 25 June), Chile’s law regulating this form of work, which was adopted in March (c.f. article No.11782) came into force on 01 July. Below we detail various aspects including compliance with and derogation from the rules on working time, the right to disconnect from work, and payment for expenses.
Remote work regulations
2 July 2020
EU: the EU Commission takes a (timid) first step towards the recognition of the right to collective bargaining for self-employed workers
Thus the trap in which the self-employed find themselves ensnared. In order to redistribute the balance of power vis-à-vis contractor clients, the self-employed have to organise and negotiate tariffs collectively. However, some legislations understand this practice by the self-employed to amount to cartel arrangements in terms of competition law. To break the deadlock, on 30 June the...