Work/Life: international employment news update

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Issue 84

Welcome to the latest edition of our international employment news update.

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What is the Platform Workers' Directive and why is there a need for a new law?

Platform work, or work through an online platform, has become an established way of working but to date there has been very little attempt to regulate it. As global businesses increasingly rely on platform workers in various jurisdictions, it is important to understand what is meant by platform work and platform workers.

The EU has proposed a Platform Workers' Directive which has three broad policy aims: to create a rebuttable presumption of employment status; to afford minimum protections to platform workers and to ensure transparency and fairness where platform workers are managed by algorithm.

The proposal for a Platform Workers' Directive was adopted by the European Council in June 2023 and needs to be negotiated by the European Parliament before it becomes law. For more information on the Directive, please see our new article.

New age restrictions for platform workers in the Netherlands

In light of the pending Platform Workers' Directive, the Netherlands is banning children under the age of 16 from working as delivery drivers for rapid grocery delivery services like Getir and Flink, outgoing Minister Karien van Gennip of Social Affairs and Employment announced in a letter to parliament. According to the Minister, it is not a safe and healthy environment for children to rush through traffic in order to make a timely delivery. The ban will take effect from November 2023.

Data regulator warns against superfluous workplace surveillance

The Information Commissioner's Office (ICO) has warned against employers undertaking excessive surveillance on their staff, after a recent survey by the body found that one in five UK workers thought they were being tracked by their employer.

The practice of monitoring by employers is permitted to an extent, but according to ICO guidance must be "necessary, proportionate and respect the rights and freedoms of workers," relayed Emily Keaney, deputy commissioner of regulatory policy. “If not conducted lawfully, monitoring can have a negative impact on an employee’s wellbeing and worsen the power dynamics that already exist in the workplace."

The ICO has stated it will take action where individuals' privacy is threatened.

BNP Paribas is tracking building pass access

French bank BNP Paribas is ensuring its London-based employees meet its WFO (work from office) targets via entry-gate swipe data and computer logins. Employees will be tracked via their building pass access and logins to the bank's computer network. Staff have been informed they will not be able to opt out of the monitoring policy.

The bank communicated in a staff memo that the practice would let it "more accurately track space needs on a team-by-team basis" and ensure compliance with "working requirements and fairness across teams." Managers looking to replicate such a policy should pay heed to regulatory constraints (see above).

Transatlantic support for curbing non-compete clauses

Officials on both sides of the Atlantic are ramping up support for restraints on non-compete clauses in employment contracts. In the UK, the Department for Business and Trade (DBT) has proposed a three-month time limit on non-competes, following periods of consultation in 2020 and 2021, which elicited responses from 104 individuals and bodies – of which 60% supported a ceiling for non-compete periods.

Meanwhile, the Federal Trade Commission (FTC) in the US has not just suggested banning non-compete clauses in new employment contracts but also revoking them in existing ones. Official discussions are ongoing, but alternatives might include longer notice periods or gardening leave provisions. A situation to keep tabs on.

Poles work EU’s second-most hours per week

Poles work the second-longest hours in the European Union, new Eurostat data shows. In 2022, they worked on average 40.4 hours a week, well above the EU-wide figure of 37.5 hours. The data refers to both full-time and part-time employees as well as self-employed. It also includes extra paid or unpaid hours but excludes travel time between work and home and meal breaks. Poland has always been in the top four member states for working hours since Eurostat began collecting such data in 2008.

Netherlands suffers stress-related long-term absenteeism

The average absenteeism rate in the Netherlands saw a slight drop in August. However, there is a growing concern about long-term absenteeism due to stress-related complaints. These insights come from the latest data provided by occupational health and safety services arboNed and HumanCapitalCare.

Menopause symptoms considered as a disability by UK

A former social worker is claiming constructive dismissal due to symptoms of menopause. The ex-Leicester City Council employee alleges she was bullied, harassed, victimised and discriminated against by her managers in a case which marks the first time an employment tribunal has weighed up menopause symptoms as a 'disability'. The case is supported by the Equality and Human Rights Commission (EHRC), which is advocating for employers to bolster support for staff experiencing menopause.