Global Employment Law Update - April 2017

Hogan Lovells

Workers in the gig economyIn this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on issues around the classification of workers as employees or self-employed contractors. FranceWe look at the implications for employment law of the growth of the gig economy, in particular the consequences of reclassification of the contracts of independent workers to employment contracts. Read full article


GermanyGerman employment law is still strongly based on the traditional distinction between dependent employees and independently working service providers. However, under a very recent change to the law, the use of leased personnel will become more challenging for companies. Read full article


ItalyWe examine the concept of the "parasubordinate relationship" – a third kind of employment relationship under Italian law, half way between employment and self-employment. A typical example is the sales agency relationship. Read full article


NetherlandsWe look at the protections for employees as against independent workers.  Parties can ask the court to assess whether their agreement qualifies as an employment agreement.  The answer will depend on all the circumstances, as a recent case illustrates.  Read full article


South AfricaThe 2014 amendments to the Labour Relations Act have improved the standing of "non-standard" employees.  This group includes Temporary Employment Services employees; employees hired on fixed term contracts; and part time employees. Read full article


SpainUnder Spanish law, the nature of flexible relationships that do not fall into the categories of employees or independent contractors has to be evaluated on a case by case basis. There is also now a new class of self-employed workers – highly dependent on one client – who are entitled to some employment rights. Read full article


United KingdomIn the UK, whether someone is a worker or an employee can only be definitively established by an employment tribunal, meaning that the employment status and rights of an individual are not clear. However, there is now a real possibility that we will see changes to UK law to make the distinction between workers/employees/self-

employed more transparent. Read full article 
United States of AmericaA series of recent lawsuits has highlighted the uncertainty over whether workers should be classified as independent contractors or employees. The enforceability of mandatory arbitration agreements, and class action waivers within these agreements, is another hot issue in the gig economy. Read full article

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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