Arbeitsrecht
Here the way is the goal:
Efficient integration of your works council in your HR management processes
A joint walk through your process landscape creates orientation and commitment – and in the end gets you to your goal faster!
Companies often have a life of their own: Complicated and non-transparent structures form by themselves after a certain time. They rob dynamism and clout. Growing added value, however, is generated primarily through constantly optimised processes. Transferred to HR processes, this means: Companies have to remeasure their fields of activity in order to reach their goal faster with this "process map". And this can be tricky, because your works council has to be involved in almost all HR processes.
Get your own picture with your works council and draw your own map of your process landscape
The first question is therefore: Are you prepared to develop a common understanding with your works council about the concrete exercise of its participation rights?
Freelancer Analyst – 24/7 overview and review of freelancers
The ongoing shortage of skilled workers is forcing HR departments in companies across all industries to turn to self-employed individuals, also known as freelancers, time and again. More and more people are also consciously choosing the path of self-employment and freelancing, as it means more freedom for many. However, the use of freelancers comes with many risks for companies. It is often very difficult to distinguish self-employment from dependent employment. Also, many companies have no process or overview of the freelancers working in their company. In order to eliminate precisely these problems for companies and to make it easier to deal with freelancers, we have developed the "Freelancer Analyst".
Initial situation
The demands on human resources and legal departments are becoming more and more diverse and complex. In addition to looking after all the employees in the company, freelancers working for the company are now added to the list. Keeping track of all the freelancers is usually very difficult with the resources available. In addition, when using freelancers, a distinction must always be made between self-employment and dependent employment in order to avoid the risk of bogus self-employment. However, the risk of incorrect assessment is very high, especially if the necessary social security know-how is lacking. The consequences of false assessments are back contributions, subsequent taxation and even criminal sanctions in connection with bogus self-employment. In addition, in case of doubt, you will have additional employees with all the associated claims.
What are the advantages of our Freelancer Analyst for you?
HR and legal departments need a legally sound approach to freelancers in order to avoid negative consequences for your company.
The Platform Work in the European View – Consequences of Digitalisation
Platform work has long been part of our everyday lives. Whether it is the delivery of food, groceries platform-based work makes life easier and is therefore conquering more and more market areas.
A year ago, the European Commission already proposed measures to improve the working conditions and rights of platform workers for a stronger social Europe. Among other things, it is a question of correctly determining the employment status of people who do platform work on the basis of clear criteria, thereby giving them access to existing workers' rights and social benefits. On the side of platform workers, the proposed directive increases the risk of bogus self-employment, as the directive leans heavily towards dependent employment for platform work.
Background
The term platform work refers to all services that are mediated or provided via a web-based work platform.
Missing concepts for employee data protection – risks that now materialise in fines
It has been more than four years since the General Data Protection Regulation (GDPR) came into force and many companies still do not have an integrated data protection concept. Jurisdiction and authorities, however, are increasing the pressure, sometimes even considering managing directors personally as "controller" in the sense of the GDPR and imposing fines and penalties. At the same time, works councils and employees are asserting their rights. What you must do now.
Works councils as employee data protectors
For years, employee data protection was neglected in many companies. In 2018, the General Data Protection Regulation (GDPR) came into force, which in Art. 83 provides for fines for companies in a sensitive amount. Not only violations in dealing with customer data, but also in connection with employee data are sanctioned (example: fine notice from 2020 against H&M for 35 million euros for unlawful collection of employees private information). Nevertheless, integrated data protection concepts are often lacking in companies and institutions. In most cases, the topic only reaches the agenda of management bodies through the works council, as employee representatives have co-determination rights in the introduction and use of IT systems. Experienced works council lawyers exert maximum pressure on management at this point: If the latter wants to use complex IT structures, the works council can refuse its consent until it is presented with a coherent data protection concept that effectively safeguards employees' personal rights. Without the works council's consent, the works council can demand that the use of such IT systems be stopped and enforce this in court.
© 2017 - 2023 PwC. All rights reserved. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. Please see www.pwc.com/structure for further details.
