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8 Eur. Lab. L.J. 3 (2017)

handle is hein.journals/eulalaj8 and id is 1 raw text is: ELLJ European Labour Law journal 2017, Vol. 8(I) 3-4 Editorial ©@ The Author(s) 2017 Reprints and permissions: sagepub.co.ukl/journalsPermissions.nav DOI: 10. 1177/2031952517711036 journals.sagepub.com/homelell OSAGE At the time of writing this editorial, the Spanish Uber-drivers case is pending before the Court of Justice of the European Union (C-434-15 - Uber Spain, App. 16/10/15). The question before the Court is not whether these drivers are employees or not, as the referral deals rather with services and transport law issues. Nevertheless, after the decision of an English employment tribunal (Aslam & Farrar v. Uber, Case n' 2202550/2015), which held that Uber-drivers are employees, it can be expected that there will be a spill-over effect of this case in the labour law field. A Dutch tribunal in The Netherlands, dealing with a taxi licence discussion (College van Beroep, 8 Dec 2014, Case AWB 14/726), for example reasoned about Uber activities that Uber and the individual drivers have an intended and close cooperation, in which Uber plays an important role. The fact that Uber does not provide cars itself and is not a party to the transport agreement, does not matter. Uber, furthermore, selects the drivers and gives them access to the application through which the contact with the passengers is realized. Uber, the Dutch tribunal continues, determines the prices for the transport and the payment of a ride goes through the Uber app via a by Uber selected payment service. These reasonings, operated in an economic law case, will be equally valuable and relevant in an employment case. So, therefore, the European Court's forthcoming decision, and the Advocate-General's Opinion in the meanwhile, will be interesting. In our current issue, we have included various academic contributions drawing on national, comparative and European wide debate. Vivian Bij de Vaate discusses changes in dismissal law in different European countries, such as Germany, Italy and the Netherlands. The reforms in these countries all aimed at greater flexibility and creating some form of legal certainty. The interesting finding of this article shows that in order to successfully encourage early settlements of dismissal claims, a reduction in substantive dismissal protection seems to be required. Margarite Helena Zoeteweij-Turhan discusses the seasonal workers Directive, which entered into force in 2014. This directive is, as well known, a key instrument in the broader migration discussion. A point of discussion is the position of third-country nationals who come as seasonal workers. They are entitled to equal treatment with nationals of the host Member State. However, the author concludes that, taking into account the limited scope of the Directive, there remain many rights gaps between different groups of migrant workers and between non-EU migrant workers and EU citizens. Vincenzo Pietrogiovanni and Andrea lossa discuss the issue of workers' representation and labour conflict at company level, taken from an Italian and Swedisch comparative perspective. The authors evaluate the recent trends in Italian industrial relations and highlight the clash between Italian constitutional principles and the autonomous development of self-regulation and collective bargaining. Katayoun Alidadi deals with the law on labour market discrimination in the context of religion and unemployment benefits. She shows that it is not a pure labour law discussion only, as there is a lot of interaction between labour law and social security law provisions. The dismissal of

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