Auteurs

Sean Nesbitt

Associé

Londres

Marc André Gimmy

Associé

Munich

Celine Enos

Trainee Solicitor

Londres

Auteurs

Sean Nesbitt

Associé

Londres

Marc André Gimmy

Associé

Munich

Celine Enos

Trainee Solicitor

Londres

27 juin 2024

Work/Life – 10 de 109 Publications

Work/Life: international employment news update

Briefing

Issue 100

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

In this edition of Work/Life we look at:

G-7 to launch initiative on AI's impact on labour

ESG: environmental project versus social rights: French demand better safety standards

Incapacity cover for Dutch self-employed will cost up to EUR195 a month

UK election: paternity leave rights

BP crackdown on workplace affairs: not plain sailing

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G-7 to launch initiative on AI's impact on labour

G-7 leaders have detailed an action plan to address both positive and negative effects of artificial intelligence on employment. The leaders from Britain, Canada, France, Germany, Italy, Japan, and the United States – in addition to the European Union – expressed their welcome for support from nations outside of the G-7 forum for the Hiroshima AI Process. This international rulemaking framework for generative AI was spearheaded by Tokyo and established at last year’s G-7 summit; they acknowledge the significance of furthering the objectives of this framework. Over 50 countries and regions have endorsed it. This year's G-7 summit centred around not only potential benefits afforded by AI to labour but also addressed risks associated with technology potentially displacing human workers. On Friday, G-7 leaders reaffirmed their commitment to work towards ensuring that AI contributes positively by enabling increased productivity alongside fostering quality jobs and decent work.

Reduce the use of flexible contracts, Brussels tells the Dutch

The European Commission has recommended that the Netherlands should curtail incentives promoting corporate reliance on flexible or temporary contracts, with an aim to strengthen the Dutch economy. A significant proportion of employment in the Netherlands comprises flexible roles, including temporary contract workers and self-employed individuals. According to the Commission's statement, this persistent trend exerts "particularly distortive effects at the margins of the labour market" and may "amplify inequality in opportunities and impact productivity".

Although a certain level of flexibility within the labour force can render the overall economy more adaptable and align with workers' preferences, excessive reliance on such arrangements could have detrimental consequences for employees as well as broader economic performance. Specifically, industries such as logistics, agriculture, and meat processing within the Netherlands have been noted for their dependence on substantial numbers of short-term contract personnel, frequently recruited from other countries.

Spanish Supreme Court refuses automatic conversion of interims and prevents them from participating in transfers

The Spanish Supreme Court has determined that a judgment by the European Court of Justice (ECJ) – which supported transforming temporary contract-based interim employees into permanent staff – does not equate to an automatic conversion under Spanish law. The court held that Spanish law necessitates passing a civil service examination to secure a tenured position within public administration. Moreover, it reaffirms its stance from March 2022 that irregular interim workers are ineligible for internal transfer opportunities. To summarise, by upholding competitive examinations as a gateway into civil services and curbing career progression options for non-permanent provisional public sector workers, Spain's highest judiciary constrains how the ECJ's decision is applied domestically.

Spanish drivers hired to deliver Amazon parcels in the UK take legal action over pay

A group of Spanish-employed drivers who relocated to the UK to deliver packages has initiated legal proceedings against Amazon and its subcontractor One Motion concerning unpaid wages and deductions for vehicle damage. The drivers allege that promises were made regarding daily remuneration exceeding £100, alongside provisions for complimentary accommodation, vehicle leasing, insurance coverage, and return flights at no cost. They say comprehensive payment was withheld and hefty fines for damage to vehicles were imposed – amounting to thousands of pounds. They receive backing from the trade union United Voices of the World (UVW). It is contended by these drivers that their consent regarding these financial impositions was improperly obtained, as relevant terms were disclosed subsequent to contract signing.

ESG: environmental project versus social rights: French demand better safety standards

Following the tragic death of Amara Dioumassy, French labour unions are campaigning for heightened safety protocols. The ambitious Bassin d'Austerlitz initiative, valued at EUR100 million, targets rain and wastewater containment to curb Seine contamination risks. Intensified demands tied to realising infrastructural goals before Paris's hosting of the 2024 Summer Olympics have led to mishaps and arguable disregard for labour rights, propelling France into an unwelcome position as Europe's fourth most hazardous nation for workplace fatalities. Trade unions are advocating strongly for corporate liability enhancements and more rigorous enforcement of protective measures by multinational companies engaged in construction projects.

Incapacity cover for Dutch self-employed will cost up to EUR195 a month

Self-employed workers may have to pay up to EUR195 monthly for new compulsory insurance as part of the pension reform plans recently disclosed by the outgoing government. This proposal aims at protecting freelancers' income but has been met with resistance from many entrepreneurs who see it as overly costly and meddlesome. Social Affairs Minister Karien van Gennip's scheme ensures that self-employed workers incapacitated beyond one year and earning less than minimum wage will receive 70% of their previous income until retirement age – capped at minimum wage levels. Private insurance policyholders must still register and ensure their policies align with government standards under this plan.

UK election: paternity leave rights

The Labour Party, per Deputy Leader Angela Rayner, plans to bolster paternity leave rights. The proposed reform seeks to grant parental leave eligibility from the first day of employment – a marked departure from existing regulations that necessitate 26 weeks of continuous employment before qualifying for such entitlements. The Liberal Democrats intend to implement a "Dad Month," offering new fathers a month of use-it-or-lose-it leave remunerated at 90% of their usual earnings.

BP crackdown on workplace affairs: not plain sailing

There is speculation that BP may face legal action from employees because of its stringent policies regarding workplace romances. The energy and oil company has a mandate requiring staff to report intimate relationships with colleagues under penalty of potential dismissal. Moreover, the company is seeking detailed accounts of such relationships dating back to 2021 – a significant departure from its previous stance, which stipulated disclosure only when potential conflicts of interest arose. This change comes in the wake of former CEO Bernard Looney's termination last December related to his non-disclosure of previous liaisons to the board.

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