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Newsletter avril, 2022

USA: Federal Court Reinstates Independent Contractor Rule

avril, 2022
  • On 14 March 2022, the United States District Court for the Eastern District of Texas reinstated the previous independent contractor rule under the Fair Labor Standards Act (FLSA).

Mental health and employers. The case for investment – pandemic and beyond (a Deloitte report)

avril, 2022
  • In the report “Mental health and employers: The case for investment - pandemic and beyond”, published in March 2022, Deloitte analysed the effect COVID-19 had on employees' mental health, focusing on four groups: young people, key workers, people with caring responsibilities and ethnic minorities.
  • It shows that investing in mental health to support the workforce is the right choice for employers, that can also make significant gains.

Uruguay: new decree clarifies law on telework

avril, 2022
  • Decree of 17 March 2022 n. 86 regulates Law 19.978 of 20 August 2021 that promotes and regulates, for the first time, teleworking.
  • It adds to the regulatory framework of this new way of working that spread rapidly because of the pandemic, clarifying certain aspects of the legislation.

Australia: new decisions on the status of employee or contractor

avril, 2022
  • On 9 February 2022, the High Court of Australia confirmed in two different decisions that, determining whether a worker is an employee or independent contractor, the most important elements are the written agreement and the contractual terms.
  • It also confirms that the Court is overtaking the multi-factorial test applied in the past in this kind of decisions.

 

 

Spain: a decision on installation of hidden cameras to film the worker who damages business equipment

avril, 2022
  • The Social Division of the Supreme Court upheld the appropriateness of the installation, for the sole purpose of identifying and dismissing workers who had vandalised various vending machines, of hidden cameras in the canteen of a work centre.
  • Even though the workers had not been previously informed of the installation of the cameras, the seriousness of the acts committed by the workers justified their disciplinary dismissal for breach of contract.