Tag archives: Independent contractor

De nouvelles obligations pour les plateformes de mise en relation

Les plateformes de mise en relation (comme Uber ou Deliveroo), qui sont de plus en plus utilisées en France, font pourtant l’objet de nombreuses critiques, principalement fondées sur les conditions de travail des travailleurs indépendants qu’elles utilisent dans le cadre de leur activité.

Le Gouvernement français s’est donné pour mission d’encadrer l’activité de ces plateformes, en particulier en ce qui concerne leur responsabilité vis-à-vis de ces travailleurs indépendants.

La loi Travail du 8 août 2016 a créé, au sein du Code du travail, une partie dédiée aux travailleurs utilisant ces plateformes, et a mis à la charge des plateformes une … Continue Reading

Changes to off payroll working rules from April 2020

HMRC has published its latest consultation on off payroll working rules. As we have previously discussed (Global Workplace insider post – June 2018), the reformed off payroll rules which have applied in the public sector since April 2017 will be extended to the private sector from 6 April 2020.  The consultation has raised significant issues for private sector employers who employ contractors.

The off payroll working rules, known as IR35, are intended to ensure that individuals who personally provide their work to a client via their own personal service company or other intermediary, pay broadly the same employment … Continue Reading

What to expect in 2019

Following a Government-commissioned review of employment working practices in the UK which was published in 2017, a number of developments in employment law reform are expected over the coming months.

The Government published its latest proposals in December, covering a number of areas for change, some intended to improve the enforcement of employment rights, some to increase transparency and clarity of rights between employers and workers (including issues relating to employment status) and others to improve the rights of atypical workers. This post highlights some of the key areas for change.

Employment status

A key area for change is in … Continue Reading

Decision of the French Supreme Court of 28th November 2018 : Does it spell the doom of the gig economy?

The term « gig economy » has come into use to describe segmented jobs governed by “apps”. Drivers, riders, cleaners rely on a “digital platform” to be put in contact with clients and their jobs do not seem to fall precisely within the parameters of laws designed to deal with the traditional subordination relationship of employee to employer, for example because they are free to accept or decline a request for work and because it is often a side job conducted at the same time as another activity.

In France, the business model of such platform relies on the individual … Continue Reading

Issues of employment status: pseudo self-employment and hidden personnel leasing in Germany

German labour law follows the “all or nothing” principle: Labour law regulations presume an existing employment relationship between employer and employee. If no such relationship exists, protective labour law regulations cannot be applied (with a few exceptions e.g. in the case of managing directors of a “GmbH” (limited company)). Assessing whether an employment relationship exists requires evaluating the nature of the relationship in question and assessing it against the legal definition of “employment”.

As in many other countries, Germany witnessed the trend of reducing core workforces in favour of a more flexible use of external resources. This in particular lead … Continue Reading

Issues of employment status in France

France makes a distinction between those individuals with an employment status and independent workers.

Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains independent from his or her client and is not subject to the supervision of an employer

The category in which a person falls is of particular importance as in one case, the individual will enjoy all the protection and rights arising from French … Continue Reading

Singapore: Legal issues commonly faced by freelancers and self-employed individuals

An estimated 8 to 10% of Singapore’s existing workforce comprise freelancers and self-employed individuals.[1]  This percentage is likely to increase with the expansion of the gig and on-demand economy. In recent months, there has been increasing public concern as to the ‘employment’ rights and legal status of these freelancers and self-employed individuals. Are they employees or independent contractors, and why does it matter?

As a matter of Singapore law, there is no single conclusive test which determines whether a person is engaged as an employee or independent contractor. An assessment of the entire context and working relationship between the … Continue Reading

Absence of work-wages bargain crucial for Fair Work Commission in concluding that an Uber driver was not an employee

The Fair Work Commission (FWC) recently handed down a decision[1] which concluded that an Uber driver was not an employee for the purposes of the Fair Work Act 2009 (Cth) (FW Act), but an independent contractor, meaning that his unfair dismissal application was dismissed.

The decision, the first of its kind in Australia, only increases the tension between the rise of the gig economy and the traditional indicia courts use to determine the presence of an employment relationship.… Continue Reading

Working as a freelancer and as an employee for the same company

In Germany, the distinction between employees and independent contractors (also referred to as freelancers) is particularly important. For example, the question of whether a person is an employee or an independent contractor determines whether they are protected against unfair dismissal and also affects how they are treated for statutory social security and income tax purposes. The key factor which indicates that an individual is an independent contractor is that he performs the agreed services working independently. By contrast, an employee is characterised by his dependency on the employer. An employee performs his work in accordance with the employer’s instructions and … Continue Reading

ContractorCheck Canada App

Employee or contractor?

The ContractorCheck Canada application (App) is a practical tool developed by the Norton Rose Fulbright employment and labour team. It is designed to help employers accurately determine the status of their workforces and whether they should be considered contractors or employees.

Defining employees versus contractors can be sometimes challenging; improperly classifying them may have consequences on your business operations. Norton Rose Fulbright has lauched the ContractorCheck Canada App to help employers navigate through their working relationships more effectively as well as mitigate the legal risks that may prevail.

Check it out!

The app is hosted on our … Continue Reading

Continuing uncertainty in Australia – is a worker an employee or independent contractor?

The test for determining whether a worker is a contractor or an employee continues to trouble Australian businesses.   This is because there is no single factor which is determinative.  It is necessary to weigh all the relevant factors and consider the totality of the relationship between the parties.

However in considering the various factors, a number of recent cases have focussed attention on whether the person is working in the business of another (an employee), or conducting his or her own business in the pursuit of profit as an entrepreneur (an independent contractor).

A recent Full Federal Court decision, Tattsbet Continue Reading

Employee or independent contractor: too much of a good thing?

On July 15, 2015, the United States Department of Labor (DOL) issued a memorandum on “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who are Misclassified as Independent Contractors.” After clarifying the distinction between an employee and an independent contractor and emphasizing that the Fair Labor Standards Act’s (FLSA) definition of “employment” is expansive and covers working arrangements other than what both employers and workers have traditionally considered an employer/employee relationship, the report concludes with the DOL’s statement that “most workers are employees under the FLSA’s broad definitionsContinue Reading

Checks and balances at work: Fifth Circuit reins in U.S. Department of Labor in Fair Labor Standards Act case

On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas E. Perez – are a sobering reminder to employers that the DOL is not a federal agency to be trifled with. On the other hand, the opinion also sounds a warning to the DOL that when they choose “to defend the indefensible in an indefensible … Continue Reading

Take the test! Are your contractors genuinely independent?

Norton Rose Fulbright’s ContactorCheck provides a preliminary assessment of whether your Australian worker(s) should be characterised as employees or independent contractors. The tool also points out the risks associated with incorrect characterisation.

Importance of the issue

Independent contractors comprise between 9% and 17% of the Australian workforce. The Australian Bureau of Statistics “Forms of Employment” survey November 2013 identified the number of independent contractors at just under 1 million (9%) of the total workforce, with a further 1 million (9%) other business operators. Independent Contractors Australia identifies 17 % of the Australian workforce as self-employed, which equates to 2 million … Continue Reading

Employee or Independent Contractor? DJ Phat Joe’s dilemma

Local radio station, Kaya FM recently terminated its contract with controversial DJ Phat Joe (real name Majota Khambule).  It was the beginning of the end of the relationship between the parties when the content manager of the station sent a letter to Khambule, complaining of incidents of “gratuitous smut, sexual innuendo and partisan politicking”, in contravention of broadcasting legislation.  The station warned Khambule that any further indiscretions would lead to the termination of his contract.

Khambule disagreed with the content manager’s concerns and his contract was terminated.  When Khambule then referred a dispute to the Commission for Conciliation, Mediation and … Continue Reading

LexBlog