NALP Exchange

Discussion of the Law

Month: November 2017

EU Legislation : the Working Time Directive

There is an important law which has probably effected us all at some point.   It’s called the Working Time Directive and it limits the amount of time any employee can work in a single week.
As part of this legislation there are several specific sections which refer to certain types of job.  For example there are two directives on working time that can impact drivers who spend a lot of time at the wheel.  The first is the horizontal directive, which employed under the Working Time Regulations 2003 August 2003 in the uk on 1 affects everybody in the transportation sector. The provisions under this directive will impact non workers in the road transportation sector. Workers affect. The next directive, usually referred to as that the Road transportation directive 3820\/. The United Kingdom has implemented this from 23 March 2005, however when the country leaves the European Union there will possibly be some alterations. Under this amending directive employees are permitted to opt out from the 48 hour average working week. Mobile workers are eligible for health checks and annual leave.

Most of these are of course only applicable to traditional employers who work in the private or public sector.  All over Europe now there are many millions of people who work for themselves in a self employed capacity.     There are of course millions of people who work from home, perhaps working remotely through a VPN like this who should be covered by the legislation but in reality have little protection.

Working Time Directive

Guidance on the application of the working time regulations, as amended can be obtained from the number or can be found online at both European and Government legislation web sites, To health checks demand and the leave of the Horizontal Amendment Directive, The Road Transport Directive presents security for workers. March 2005 workers in the range will be covered by 23 March 2009, and self should be addressed by 23. Weekly Working time is limited to an average 48 hour week and a 60 hours. There’s no opt out for people wishing to work longer than an average 48 hour week, but break periods of availability don’t count as working time.

Periods of availability include accompanying a vehicle on a ferry crossing and waiting for a vehicle to be loaded \/ unloaded. Drivers need to be informed in advance about these periods, and their approximate length. For mobile employees driving in a team, it includes period spent sitting next to the driver whilst the vehicle is moving. Night employees are restricted to 10 hours work in each 24 hour period. There are some derogations which are effectively exemptions for individual Member States under that the Road Transport Directive. Under certain circumstances, derogations may be permitted in that the 10 hour daily limit for night work, and increase that the reference period for that the 48 hour average week may also be increased from 4 to six months. There’s no derogation in the 60 hour maximum week for any member nation.

Additional references:

BBC iPlayer Block Access to Online VPN Systems

The Various Internet Privacy Laws

While targeted advertising continues to be popular and has been for several years. The launch of the net has allowed people to be tracked so tightly that it’s been boiled down to a specific science, enabling internet entrepreneurs to serve up ads which more closely fit an individual’s interests and purchasing habits. Among the networks that were top websites on the web, Facebook, has announced demographics targeting. Also in addition to its Social Ad program, which can be driven by activities and habits of a Facebook user’s friends. This program has met a great deal of opposition, with adversaries making claims all kinds of privacy laws are breaking up.

When someone posts something online or updates their location, that information is transmitted to Facebook. This could be in the form of a bulletin telling that individual’s friends what the Facebook user has posting and rented ads when a customer rents a movie from Blockbuster Video.     They can even use posts to determine things like entertainment preferences for example if someone has been posting videos from watching UK TV channels online. Facebook allows organizations to buy advertisement space based on demographics, such as submitting ads on all college without giving a list of users aged men homepages. This kind of advertising has gone on for many years, but a lot of are outraged. Laws are applied to advertisements, as they should be. The law as it can be written does not permit advertisements to use anybody’s name, voice, face or likeness to be a symbol of product or a service.

This runs contrary to what a video rental company does each time someone rents a movie. Simply since the company does not receive a list of users, that the Facebook user’s identity is still compromised in a very public manner. Among that the scariest things about Facebook is that the announcement that might use info we gather about you from other sources. Not only does Facebook use the info it collects from its own website, however it goes out and looks for more.   There is some protection mainly common sense and you can use things like this online IP changer to hide your true location.  However remember in the terms and conditions there is a commitment to saying of that not only does it utilize the personal info you provide, but the info accumulated while socializing with the site.

Often times they stress that the point of a personal experience, and that Facebook is about sharing information. While you might opt out of getting and sharing specific info, there’s no big red Leave Me Alone button. Fundamentally, signing up for Facebook implies that you’re consenting to share info with everybody based on your privacy settings. It also claims of that you consent to having your personal data Stored and processed in the US, whatever that means.

EU Take Legal Action in Migrant Crisis

There are increasing signs of a rift across the EU about how to deal with the migrant crisis. The European Commission have resorted to a legal challenge against Hungary, Poland and the Czech republic for their failure in taking in asylum seekers. The issue is likely to escalate as there is no real consensus for dealing with this issue among the 28 nations.

The governments in Poland and Hungary are particularly steadfast in their refusal to follow the migrant agreement. The idea was to help the front line countries like Greece and Italy who are being flooded with asylum seekers.

Similarly the Czech Republic agreed only to take 12 people and then indicated they would take no more. The ex-communist countries seem to be the worst in keeping to these agreements and it’s likely that this will cause increasing ill will among the community.

The EU migration officer, Dimitris Avramopoulos has told a news conference that they have made repeated call to these countries to little response. These have been broadcast throughout Europe but you’ll need an EU based video proxy to access from outside these countries.

The commission has said the legal avenue was related to infringement procedures which is the method to punish countries who don’t meet their obligations.It’s not an easy option for the EU and is liely to lead to years of legal arguments before any penalties or fines can be imposed.

Some countries have been quick to criticise this approach which is likely to lead to increased political tensions and divisions within the community. The Polish government for instance is ready to defend it’s position in the courts. The EU is keen to keep unity among the remaining nations particularly due to the Brexit crisis.

However beyond the EU borders there are also issues with Russia and an problematic relationship with the USA. The problem is that the arguments have continued for nearly two years now with little change. EU leaders feel that legal action is the only way to break the stalemate. Most of the nations involved simply do not agree with the relocation system.

They are particularly concerned with the security issues that it raises, something that terrorist attacks in the UK and France have heightened. The reality is that these nations are benefiting greatly from the economic stability and investment of the European Union, so are likely to back down eventually.

One Little Pill to Help Drinkers

There is a tendency in the US for sticking to certain beliefs, that there’s a single way to solve a problem and that’s it. Such is the case with people who have problems with alcohol, the solution is nearly always quit, go cold turkey, AA meetings and never drink again.

However is that really the only way? There’s problems with this thinking, for a start it groups a whole spectrum of drinking problems together. From the successful professional who has a few too many drinks of an evening to the hopeless alcoholic who wakes up shaking and reaching for the bottle. Is there really only one solution for every scenario like these? Is AA the only route available.

There is a growing understanding that our treatment of alcohol problems is overly simplistic and there is another option to just promoting abstinence. It’s important because alcoholism is a growing problem and the AA approach simply doesn’t work for so many people. For those who do, spend years of their life hopping on and off the wagon.

Other strategies are beginning to be applied in areas of the US and Europe in particular. Different tactic like medical interventions, therapy and even a new range of drugs which can help alcohol disorders. There are a range of new drugs which are reporting exciting results, specifically naltrexone, Selincro and nalmefene. Still not widely known but clinical trial results that are in a different league to traditional measures.

It sounds a bit too good to be true, a little pill to solve your problems but there is really some logic behind it. These drugs tackle the compulsion to drink by removing the pleasure you receive from having another drink. When most people drink their brains produce certain chemicals that make them feel good. Unfortunately in some people this ‘good feeling’ cans oon turn into a dependency.

The drugs block these effects of opioids which make you feel better. In effect the ‘feel good’ part of drinking is subdued which is theory should slow down drinking and reduce the desire to continue. Without the pleasurable part why keep drinking is the logic and it seems to work. The drug has been used in various treatments however this seems to be crucial to it’s success. As as aid to abstinence it’s not been particularly positive, however in studies where patients are urged to use the pill alongside their drinking it’s been spectacularly successful.

John Evans

http://cipec.org/

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