Italian Labour Law e-Journal https://illej.unibo.it/ <strong>Italian Labour Law e-Journal (ILLeJ) – ISSN 1561-8048</strong> is an open-access peer-reviewed Journal aiming at the advancement of comparative studies on current labour law topics. Department of Sociology and Business Law. Alma Mater Studiorum - Università di Bologna en-US Italian Labour Law e-Journal 1561-8048 <p>The copyrights of all the texts on this journal belong to the respective authors without restrictions. Authors grant to the journal a non-exclusive right to publish their work.</p><div><a href="http://creativecommons.org/licenses/by/4.0/" rel="license"><img src="https://licensebuttons.net/l/by/4.0/88x31.png" alt="Creative Commons License" /></a></div><p>This journal is licensed under a <a href="http://creativecommons.org/licenses/by/4.0/" rel="license">Creative Commons Attribution 4.0 International License</a> (<a href="http://creativecommons.org/licenses/by/4.0/legalcode">full legal code</a>). <br /> See also our <a href="/about/editorialPolicies#openAccessPolicy">Open Access Policy</a>.</p> ‘Time Is Running Out’. The Yodel Order and Its Implications for Platform Work in the EU https://illej.unibo.it/article/view/11777 <p>This commentary examines case C-692/19, an order in response to a request for a preliminary ruling regarding the scope of application of working time protection, handed down by the Court of Justice of the European Union (CJEU) in April 2020.</p> <p>A courier working for a shipping company filed a claim before a UK employment tribunal demanding reclassification as a ‘worker’ with access to the national legislation implementing Directive 2003/88/EC on working time. The tribunal decided to refer the question to the CJEU. At first glance, some elements of the order may give us the impression that EU working time protection does not cover workers who may find themselves in a situation of (bogus) self-employment, including those in the platform economy. However, this is not the case. The order is based on a specific set of facts that are in line with the CJEU’s established jurisprudential practices on the concept of worker, according to which workers formally classified as self-employed under the contract or the national law are excluded from the scope of the Working Time Directive only if they enjoy genuine, not nominal organisational autonomy.</p> <p>This analysis is organised as follows. After some introductory remarks, part 2 summarises the arguments of the remitting court and reviews the business model of the delivery company. Part 3 critically discusses some passages of the order. It also examines the notion of ‘worker’ as shaped by the CJEU, highlights strengths and shortcomings of this interpretive attitude, and summarises the proposals to overcome the weaknesses of an under-inclusive and potentially ineffective application of EU law. After appraising the widespread practices in the platform economy and the most recent regulatory developments, part 4 demystifies the issue of organisational flexibility, which is often understood in a unidirectional way, to the advantage of business. This analysis concludes by advocating for a purposive adaption of existing legal categories, beyond the formalistic approach adopted by the referring court in this case.</p> Antonio Aloisi Copyright (c) 2020 Antonio Aloisi https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 67 87 10.6092/issn.1561-8048/11777 Domestic Workers’ Treatment under Ethiopian and South African Laws https://illej.unibo.it/article/view/11460 <p>Today domestic workers’ treatment across the globe differs substantially depending on the availability of the appropriate legal regime and the actual implementation of these laws. It is undeniable that there are huge differences in enacting laws to ensure respect for the rights of domestic workers between Ethiopia and South Africa. On the contrary, although Ethiopia has obligations under the International Labour Organization (hereinafter referred to as the ILO) conventions and national laws, so far, Ethiopia has not adopted any legislative measures to recognize domestic workers. However, one thing certainly describes both countries in a similar vogue; that is, regardless of differences in terms of having legal regimes to protect domestic workers, a practical and close examination of the life of domestic workers on the ground in both countries appears the same it is oppressive and characterized by exploitation. Though South Africa performed better concerning formulating enactments that are pertinent to ensure the protection of the rights of domestic workers that could perhaps serve as caveats for Ethiopia yet, practically both countries are not living up to their obligations and international standards especially the ILO Convention No. 189 on Decent Work for Domestic Workers and its Antecedents, and other international human rights treaties. </p> Diriba Mangasha Dabala Abdata Abebe Sefara Copyright (c) 2020 Diriba Mangasha Dabala, Abdata Abebe Sefara https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 89 105 10.6092/issn.1561-8048/11460 The Minimum Wages Directive Proposal and the External Limits of Art. 153 TFEU https://illej.unibo.it/article/view/11879 <p>The contribution aims at assessing the Commission’s recent Proposal on minimum wages in light of the treaties. In particular, it focuses on the choice of the legal basis and most notably the exclusion of pay resulting from Art. 153(5) TFEU.</p> Giacomo Di Federico Copyright (c) 2020 Giacomo Di Federico https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 107 111 10.6092/issn.1561-8048/11879 Evaluation of the demeaning face of COVID-19 on labour relations: a new challenge for Kenya’s burgeoning democracy https://illej.unibo.it/article/view/11379 On March 11<sup>th</sup> 2020, the World Health Organization was forced to declare the novel coronavirus disease a global pandemic after a surge in reported cases of the disease outside China. The disease has adversely affected, <em>inter alia</em>, the economy and healthcare system in several countries including Kenya. To eradicate the pandemic, the Kenyan Government introduced numerous measures designed to control the infection rate which, <em>inter alia</em>, included closing of non-essential businesses and learning centers, restriction of people movements between 7.00pm and 5.00am and implementation of social distancing rules. These measures have compelled several public and private business entities to either shut or scale down their level of operations in order to remain afloat amid the pandemic. The existing Kenyan labour laws neither incorporate provisions on crisis response nor address the issue of employee safety while working from home. This article therefore seeks to delineate the legal implications of the disease on labour relations in Kenya. Besides, it evaluates effectiveness of the existing labour laws in safeguarding employers and employees’ rights to <em>i.e.,</em> health, safety, leave and termination amid the pandemic. It will finally propose measures to be undertaken to fix the loopholes in such laws, if any Ratemo Tom Junior Copyright (c) 2020 Ratemo Tom Junior https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 113 130 10.6092/issn.1561-8048/11379 Whistleblowing and labour law: The Whistleblower Directive - development, content and obstacles https://illej.unibo.it/article/view/11720 <p>While some people consider whistleblowers to be selfless heroes, others tend to see them as snitches and denunciators. One way or another, whistleblowing is a prominent term, whose meaning everyone seems to know, whilst simultaneously remaining significantly vague. With the entry into force of the Whistleblower Directive on 17th December 2019, the subject of whistleblowing is gaining further scientific as well as media attention. This legal act will certainly have, inter alia, an influence on the future design of industrial relations since whistleblowing is closely intervened with the work environment. Without going into the concrete implementation possibilities of the respective Member States, this article is dedicated to highlighting issues of particular relevance to labour law. Before dealing with these specific aspects, there will be a broad analysis of the thematic area of whistleblowing in terms of the understanding of the concept, the interests at stake and the background of the new Directive.</p> Felicia Kain Copyright (c) 2020 Felicia Kain https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 131 144 10.6092/issn.1561-8048/11720 Work integration social enterprises (WISEs): a legal and innovative form to promote the right to work of people with disabilities https://illej.unibo.it/article/view/11778 <p>This article analyses work integration social enterprises (WISEs) as private organisations that promote and pursue general interest, namely, the right of people with disabilities to work and to be integrated into the labour market. Both EU law and the Italian 2017 Social Enterprises Reform Act enhance the activities and the role of WISEs. Their legal characters and innovation will be discussed.</p> Alceste Santuari Copyright (c) 2020 ALCESTE SANTUARI https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 145 158 10.6092/issn.1561-8048/11778 The European Framework Agreement on Digitalisation: a Whiter Shade of Pale? https://illej.unibo.it/article/view/12045 <p>This article analyses the recent European Social Partners’ framework agreement on digitalisation. After contextualising the agreement as an element of European Social Dialogue, it reconstructs its objectives and its main contents. The measures proposed are commented in the light of the broader policy initiatives undertaken by the European institutions on the topic. The procedural approach and the “mainstreaming” of industrial relations practices in all the stages related to the implementation of digital technologies in the workplace are identified as the most promising innovations introduced by the agreement. The general implications for industrial relations practices are finally discussed, with a particular reference to the respective roles and the mutual relationship of employee involvement schemes and collective bargaining.&nbsp;&nbsp;&nbsp;</p> Iacopo Senatori Copyright (c) 2020 Iacopo Senatori https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 159 175 10.6092/issn.1561-8048/12045 Fifty years of the Workers' Statute (1970-2020) https://illej.unibo.it/article/view/11880 <p>The essay commemorates the fifty years passed since the birth of the Workers’ Statute. The A. recalls its long gestation over the course of almost twenty years, with the maturation of its two souls: the constitutional one (guaranteeing the freedom and dignity rights of workers), and the “promotional” one (promoting trade unions with particular representativeness). He also analyses if and how the spirit of the statute has found place within following legislation. According to the A. Workers’ Statute is still alive, albeit amputated, but with a much narrower scope, due to the reduction of its reference model, that of the Fordist factory. However, it is not yet clear what the next path of labour legislation will be. It still appears to be rather uncertain as regards the constantly expanding “grey area” between employees and self-employed workers. The options are two: extension of the typical protection granted to the employment relationship <em>vs.</em> introduction of a graduated protection regime.</p> Franco Carinci Copyright (c) 2020 Franco Carinci https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 1 14 10.6092/issn.1561-8048/11880 Many Happy Returns: 50 Years Statuto dei lavoratori, 100 Years Betriebsverfassungsrecht. The German System of Employee Representation at the Workplace in Comparative Perspective https://illej.unibo.it/article/view/11980 <p>The essay endeavors to compare the development of the German codetermination system as originally provided under the Weimarer Republik and further developed according to the Bonner GG with the Italian Workers Statute, highlighting similarities and differences from the point of view of workers representation system.</p> Matteo Fornasier Copyright (c) 2020 Matteo Fornasier https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 15 33 10.6092/issn.1561-8048/11980 Freedom and Dignity in the UK workplace https://illej.unibo.it/article/view/11960 <p>Freedom and dignity, two key aims of the Italian Workers’ Statute of 1970, stand out as two concepts of debate in the UK workplace. Dignity has not been a frequently used term in UK employment law. Freedom has been a challenging concept in this jurisdiction. Freedom of association has been notably curbed in the UK since the 1980s. Even in the 21st century, the means through which trade unions can execute their representative functions have been limited by legislation. Freedom of expression has also been restricted, particularly through the remarkable force of contract clauses and policies that grant employers power to assess the online remarks of their workers. This situation has been lightly treated to date. Finally, there seem to be looming issues of access to justice for workers when one considers government attempts to (arguably) disincentivise recourse to employment tribunals.</p> David Mangan Copyright (c) 2020 David Mangan https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 35 49 10.6092/issn.1561-8048/11960 Freedom of association and trade union activity at the workplace in Sweden https://illej.unibo.it/article/view/11982 <p>The social partners play a key role on the Swedish labour market. There is a long tradition of collective bargaining and regulation of labour and employment conditions by means of collective agreements. The unionisation rate is high as well as the coverage of collective agreements. The employee´s voice is channelled through the trade union. Trade unions with a collective agreement are entrusted with special rights; they are considered to represent the interests of the entire work force. Trade union activity at the workplace is facilitated by legislation from the 1970s providing for, among other things, trade union representatives carrying out trade union activities during paid working time. Co-determination negotiations and information provided by the employer are important for conditions at workplace level. EU law has influenced Swedish labour and employment law with a more individualistic approach and has increased legislation as means of regulating working conditions.</p> Birgitta Nyström Copyright (c) 2020 Birgitta Nyström https://creativecommons.org/licenses/by/4.0 2020-12-21 2020-12-21 13 2 51 66 10.6092/issn.1561-8048/11982