[Spain] Comments on the National Court decision dated May 31st 2021 declaring the illegality of multiple clauses of the Framework Agreement IV on the regulation of employment relationships of dockworkers.

This article analyzes the National Court decision 127/2021 which declared the illegality per Spanish Law of multiple clauses of the Framework Agreement IV on the regulation of employment relationships of …

[Spain] Comments on the European Court of Justice decision dated June 3rd, 2021 (declaring that the subsequently renewed Spanish on-call employment agreements are covered by Clause 5 of Directive 1999/70), and its impact on Spanish law.

This article analyzes the impact of the European Court of Justice (“ECJ”) decision C-726/19 on the Spanish legislation concerning indefinite implied renewals of on-call employment agreements (contratos de interinidad). These …

The New Racial Wage Code

“The legal identity of on-demand platform workers has become a central site of conflict between labor and industry. Amidst growing economic inequality, labor representatives and workers have demanded that platform …

THE RIGHT TO FAIR AND SATISFACTORY WORKING CONDITIONS THROUGH THE LENS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

“On June 9th, 2020 (and published on August 28th, 2020), the InterAmerican Court of Human Rights (hereinafter, “the Court”) delivered a landmark judgment in the case Spoltore v. Argentina 1and …

The EU, Competition Law and Workers’ Rights

“The paper delves into the ways in which EU competition law affects the right of workers to combine with each other and act, collectively, in the furtherance of their rights …

Efectividad jurídica de los Comentarios de la Comisión de Expertos en Aplicación de Convenios y Recomendaciones de la OIT: Análisis a partir de un estudio de caso

“Este articulo pretende ayudar a comprender cómo los tribunales nacionales pueden dar una aplicación efectiva de las normas internacionales del trabajo que no están sujetas a ratificación por los Estados, …

The Right to Strike as Customary International Law

  Brudney_The Right to Stike as Customary International Law

PROPOSITION 22: A VOTE ON GIG WORKER STATUS IN CALIFORNIA

“In the shadow of the 2020 United States Presidential election, an important vote was also taking place about the employment status of gig workers. In 2019, the California Legislature had …

Assessing the Effectiveness of Non-State-Based Grievance Mechanisms in Providing Access to Remedy for Rightsholders: A Case Study of the Roundtable on Sustainable Palm Oil

“This article explores different approaches to assessing the effectiveness of non-state-based non-judicial grievance mechanisms (NSBGMs) in achieving access to remedy for rightsholders. It queries the approach that has been widely …

[Spain] Comments on the European Court of Justice decision dated January 26th, 2021 (declaring that denying an allowance only to disabled workers who filed their disabilities certificate before a specified date, but not to those who did so after such date, constitutes discrimination prohibited by EU Law).

This article analyzes the European Court of Justice (“ECJ”) decision C‑16/19 on whether the prohibition against discrimination of workers with disabilities contained in Directive 2000/78 is circumscribed to comparative situations …

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