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Newsletter January, 2022

Belgium, Germany and Netherlands agreements on taxation regime for remote workers to be extended.

January, 2022
  • Due to COVID-19, the existing agreements on the tax regime of employees working at home, instead of in the country where they should normally work, was further extend until 31 March 2022.
  • The measure aims to prevent that the employment income of cross-border employees working from home becomes fully taxable in their State of residence.

Belgium: Brussels Labour Tribunal qualifies riders as self-employed

January, 2022
  • On 8 December 2021, the Labour Tribunal of Brussels ruled that Deliveroo riders should not be qualified as employees, but rather as self-employed workers. 
  • It is the first ruling on the labour relationship qualification of workers in the platform economy by a labour tribunal or court in Belgium.

Spain: major labour reform agreed by social partners

January, 2022
  • In Spain, on 24 December 2021, trade unions, employers’ associations and the Government reached a triangular agreement on labour reform.
  • After approval in the Council of Ministers, the agreement was translated into Royal Decree-Law No. 32/2021 of 28 December 2021 on urgent measures for labour reform, guarantee for stable employment and transformation of the job market.

Peru: new law introduces compulsory vaccination at work

January, 2022
  • Supreme Decree N° 179-2021-PCM was published in the Official Gazette El Peruano on 09 December 2021.
  • It establishes the mandatory obligation to provide proof of a complete vaccination schedule against COVID-19 in order to work on site.

New rules from the European Parliament on access to social security for EU workers

January, 2022
  • On 16 December 2021, negotiators from the European Parliament and the Slovenian Presidency of the Council of the EU announced that they had reached a provisional agreement on the revised texts of the European social security coordination regulations.
  • The agreement facilitates labour mobility within the EU and, at the same time, safeguards workers’ social rights in cross-border situations.

Ireland: what is the border between employee’s grievances and protected disclosure?

January, 2022
  • On 1 December 2021, the Supreme Court of Ireland ruled over the nature of protected disclosure for the purposes of the Protected Disclosures Act, marking a clear line between an employee’s grievance and a protected disclosure.

Canada: the first class action dealing with terminations arising from the Covid-19 pandemic

January, 2022
  • On 13 December 2021, the British Columbia Supreme Court has certified a class action lawsuit brought by former employees against the owners of the Pan Pacific Hotel in Vancouver.
  • This is one of the first certified class actions in Canada which deals with terminations arising from the Covid-19 pandemic.