UK: Uber drivers win first round

A UK employment tribunal has ruled that drivers engaged by Uber are “workers”, not self-employed contractors, meaning they will be entitled to national minimum wage, paid annual leave and whistleblower protection. Background The taxi-hailing firm has attracted significant media interest over its business model since its launch in the UK. Service users can hail a cab via an app which the drivers access and then…

Luxembourg: Minimum social wage

On 14 October 2016, the Council of Government adopted the bill modifying article L. 222-9 of the Labour Code. The bill stipulated a 1.4% increase to the minimum social wage as of 1 January 2017, thus adjusting the minimum social salary rates according to the change to the average wage during 2014 and 2015. « Centre pour l’égalité de traitement » (Equality Centre) During its meeting on…

UK and Brexit: Changing your mind about notice

The Government may argue in the Supreme Court that its Article 50 notice to leave the European Union may be revoked, according to press reports. This would be the exact opposite of what it argued in the High Court, which noted that it was “common ground between the parties that a notice under Article 50 cannot be withdrawn, once it is given”. It is, however, a…

Sexual harassment: How must employers in Europe respond?

More than half the women surveyed by the TUC earlier this year said that they had been sexually harassed at work, with most admitting they had not reported it. But British women are not the only ones to be subjected to unwanted sexual advances, inappropriate jokes and comments, or groping in the workplace. In Australia, for example, research suggests that the rate of sexual harassment has…

New constitutional rules on Mexico's Labour Justice

On October 13, 2016, the Mexican Senate approved the draft decree amending articles 107 and 123 of the Mexican Constitution, which will lead to changes to Mexico’s Labour Justice. The points to be highlighted are: 1. The Federal Labor Board will be replaced by a Labor Tribunal from the Federal Judicial Power. Local labor justice will be conducted by local tribunals in each federal entity….

New equal treatment rules in the U.S.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final Enforcement Guidance regarding retaliation claims. The Enforcement Guidance emphasizes the agency’s broad interpretation of the protections afforded to employees who participate in EEO proceedings or complain about discriminatory practices. The EEOC is the federal agency charged with enforcement of most U.S. federal discrimination laws. Overview of Guidance. Nearly 45 percent of all EEOC charges…

New Ius Laboris guide: managing works accidents

Ius Laboris, the Alliance of Global HR lawyers, is happy to announce the launch of yet another volume in its series of Ius Laboris Guides. Further details on the publication are available on the Ius Laboris Website and the Guide itself can be downloaded here: „Managing a serious work accident“. From the contents: Regulatory frameworks surrounding workplace accidents can vary dramatically from jurisdiction to jurisdiction, key questions…

Luxembourg: New data protection law

The National Commission for Data Protection (Commission nationale pour la protection des données, CNPD) presented its annual report for 2015 during a press conference in Esch/Belval. New rules from 2018 The new data protection regulation will come into force on 25 May 2018. It is designed to give citizens more control over their personal information, make businesses more accountable while also reducing their administrative duties…

New Ius Laboris guide: Immigration

Ius Laboris, the Alliance of Global HR lawyers, is happy to announce the launch of yet another volume in its most recent edition of Ius Laboris Guides. Available now, the interactive Guide on Immigration focuses on ‚hot topics‘ in global Immigration law, enabling employers to receive a quick and comprehensive overview when hiring and managing a global workforce. A glance at the contents: Increasing numbers…

Brexit: The implications for UK Data Protection law

The UK referendum outcome to leave the European Union has opened a Pandora’s box of what the legal landscape may be in the UK after Brexit. However, such is not the case, to a great extent, for the data protection law regime which will be applicable in the UK in the post- Brexit era. The current Data Protection and Cyber security regime Last month the…