Workers and Labour
Santosh Kumar Fri 4 Feb 2022 5:37PM
Santosh Kumar Wed 17 Mar 2021 7:14PM
Labour law applied to cooperatives in South Africa
Changes with the Regulations for the Cooperative Amendment Act (2013) which came into effect on 1 April 2019. According to the new regulations, cooperatives must comply with labour laws and demonstrate their protection of members’ interests – a requirement that will make it difficult for false coops to exist.
Santosh Kumar Wed 17 Mar 2021 6:41PM
New law classifies gig workers as employees
Court case decides in favour of gig-economy workers
748 Deliveroo riders have been falsely considered to be self-employed and must be given employment contracts, a Barcelona court found on Tuesday [12 January], in what is the 41st court victory in Spain against false self-employment of gig economy delivery workers by digital platforms.The court case, which was instigated by the Spanish Labour Inspectorate after being brought forward by the Intersindical Alternativa de Catalunya, a radical trade union in Catalonia, and the RidersxDerechos network, a delivery workers union in Barcelona, was the largest trial of its kind to so far be held in Spain, and will see all the riders registered with the social security authorities and $1.31 million in social security tax arrears paid. Deliveroo, a UK company operating through Roofoods Spain, say they will appeal the decision.
Santosh Kumar Tue 16 Mar 2021 6:04PM
Santosh Kumar Mon 8 Mar 2021 1:03PM
Uber BV and others (Appellants) V. Aslam and others (Respondents) - February 2021
Case Note and Link to Judgement
This appeal concerns the employment status of private hire vehicle drivers who provide their services through the Uber smartphone application. The main question raised is whether an Uber driver is a "worker" for the purposes of employment legislation which gives "workers" rights to be paid at least the national minimum wage, to receive annual paid leave and to benefit from certain other protections. The Supreme Court also considers the related question of what time counts, if drivers are "workers", as working time for the purpose of the relevant rights. Uber BV is a Dutch company which owns the technology behind the Uber app. Uber London Ltd is a UK subsidiary licensed to operate private hire vehicles in London. The claimants, Mr Aslam and Mr Farrar, at the relevant times were licensed to drive private hire vehicles in London and did so using the Uber app. Their claim was brought in the employment tribunal as a test case to establish their employment status. At the time of the tribunal hearing in 2016, the number of Uber drivers operating in the UK was estimated to be around 40,000, of whom around 30,000 were operating in the London area. The definition of a "worker" in section 230(3) of the Employment Rights Act 1996 and other relevant legislation includes anyone employed under a contract of employment but also extends to some individuals who are self-employed. In particular, the definition includes an individual who works under a contract "whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual. The employment tribunal found that Mr Aslam and Mr Farrar satisfied this test and worked under worker’s contracts for Uber London. The Employment Appeal Tribunal and the Court of Appeal (by a majority) dismissed Uber’s appeals.
Related article by Open Society Foundation
Santosh Kumar Mon 1 Mar 2021 5:02PM
19 EU MEMBER STATES ADOPT TOLEDO DECLARATION ON SOCIAL AND SOLIDARITY ECONOMY
The Social and Solidarity Economy as a key driver for an inclusive and sustainable futurewas adopted with the support of 19 EU Member States, which are: Austria, Belgium, Bulgaria, Croatia, Cyprus, CzechRepublic, Denmark, France, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, Portugal, Romania, Slovakia, Slovenia, and Spain.
Santosh Kumar Fri 26 Feb 2021 4:02PM
INDIA [21 February 2021]
Karnataka permits stone miners cooperative society to carry out mining
Karnataka cabinet grants permission to carry out mining operations to the stone miners cooperative society as a one-time measure to help ailing society, Karnataka Mines and Geology Minister Murugesh R. Nirani said here on Saturday.
HC orders regularisation of cooperative society workers
In 2001, the State government decided to regularise the services of around 35,000 people who were employed since 1980 as salesmen and packers in various cooperative societies, marketing societies and cooperative wholesale stores. However, it could regularise the services of only about 26,000 employees and the rest were left behind because of a legal interruption. The Madras High Court on Friday came to their rescue and ordered regularisation of the services of all left-out employees.
Santosh Kumar Wed 24 Feb 2021 6:06PM
USA (22 February, 2021)
Many local small businesses have taken advantage of this program. Some local businesses and organizations have already received their funds for this second round. Contact your local financial institution for more information.Borrowers can set their PPP loan’s covered period to be any length between 8 and 24 weeks to best meet their business needs; PPP loans will cover additional expenses, including operations expenditures, property damage costs, supplier costs, and worker protection expenditures; the program’s eligibility is expanded to include 501(c)(6)s, housing cooperatives, direct marketing organizations, among other types of organizations.
Santosh Kumar · Thu 1 Jun 2023 12:51PM
ILO 193 referred to in case involving employment law and pseudo cooperatives
Regional Labour Tribunal of the Third Region, Rogério Ferreira Gonçalves (1) Infocoop Servíços – Cooperativa de Profissionais de Prestação de Servíços Ltda (2) Caixa Económica Federal CEF (Responsável Subsidiária), 30 September 2003, 00652-2003-017-03-00-0RO