Search result: 554 articles

x
The search results will be filtered on:
Journal European Employment Law Cases x
Pending Cases

Case C-326/19, Fixed-term work

EB – v – Presidenza del Consiglio dei Ministri and Others, reference lodged by the Tribunale Amministrativo Regionale per il Lazio (Italy) on 23 April 2019

Journal European Employment Law Cases, Issue 3 2019
Keywords Fixed-term work
Abstract

    Under a former Austrian law effective until February 2019, Good Friday was a public holiday only for a minority belonging to certain Christian Evangelical churches. In the case at hand, Austrian courts had to assess if this regulation and its legal consequences were valid under European Union law, or if they constituted discrimination.


Dr. Jana Eichmeyer LL.M
Dr. Jana Eichmeyer, LL.M is a lawyer at Eisenberger & Herzog in Vienna (www.ehlaw.at).

Dr. Karolin Andréewitch
Dr. Karolin Andréewitch is a lawyer at Eisenberger & Herzog in Vienna (www.ehlaw.at).

    Both the French Supreme Court and the Versailles Court of Appeal held that an employer, who must ensure that liberties and fundamental rights of each employee are respected in the working community, may lawfully prohibit the wearing of any visible sign of political, philosophical or religious beliefs in the workplace, provided that the rule contained in the company rules and regulations applies without distinction to employees in direct contact with the customers of the company only. But in the absence of such rules, sanctioning an employee who refuses to remove her Islamic veil based on the wish of a customer, which does not qualify as a genuine and determining occupational requirement, amounts to an unlawful direct discrimination and should consequently be held null and void.


Claire Toumieux
Claire Toumieux is partner and Thomas Robert is an attorney at Allen & Overy LLP in Paris, France.

Thomas Robert

    In a recent judgment, the Danish Supreme Court has established that it does not constitute unlawful discrimination under the Anti-Discrimination Act when a disabled employee is dismissed. The employee had a publicly funded reduced-hours job, but reached the statutory retirement age for which reason the public funding lapsed, and that was the reason for the dismissal.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Case Reports

2019/29 Eweida versus Achbita: a storm in a teacup? (EU)

Journal European Employment Law Cases, Issue 3 2019
Keywords Religious discrimination
Authors Morwarid Hashemi LLM
AbstractAuthor's information

    Most scholars have argued that the Achbita judgment is not in line with the jurisprudence of the ECtHR, in particular with the Eweida judgment, and gives less protection to the employee than granted by the ECtHR. In this article, I provide a different perspective on the relation between both judgments and nuance the criticisms that followed the Achbita judgment.


Morwarid Hashemi LLM
Morwarid Hashemi LLM is a former student of Erasmus University Rotterdam

    The Italian Court of Cassation has interpreted a new provision referring to the obligations of the new service provider towards the employees of the former provider.


Caterina Rucci
Caterina Rucci is founding partner of Katariina’s Gild.
Pending Cases

Case C-537/18, Age Discrimination, General Discrimination

YV – v – Krajowa Rada Sądownictwa, reference lodged by the Sąd Najwyższy (Poland) on 17 August 2018

Journal European Employment Law Cases, Issue 2 2019
Case Reports

2019/20 How to interpret the Posting of Workers Directive in the cross-border road transport sector? Dutch Supreme Court asks the ECJ for guidance (NL)

Journal European Employment Law Cases, Issue 2 2019
Keywords Private International Law, Posting of Workers and Expatriates, Applicable Law
Authors Zef Even and Amber Zwanenburg
AbstractAuthor's information

    In this transnational road transport case, the Dutch Supreme Court had to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive.


Zef Even
Zef Even is a lawyer with SteensmaEven, www.steensmaeven.com, and professor at the Erasmus University Rotterdam.

Amber Zwanenburg
Amber Zwanenburg is a lecturer and PhD Candidate at the Erasmus University Rotterdam.
Pending Cases

Case C-668/18, Age Discrimination, Miscellaneous

BP – v – UNIPARTS sàrl, reference lodged by the Sąd Najwyższy (Poland) on 26 October 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-17/19, Social Insurance

Bouygues travaux publics, Elco construct Bucarest, Welbond armatures, reference lodged by the Cour de cassation (France) on 10 January 2019

Journal European Employment Law Cases, Issue 2 2019

    The German Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) has held that pre-employment as a freelancer must be taken into account in relation to the number of years having been with a firm as a freelancer when assessing the legality of a fixed-term contract due to the character of the specific deployment.


Sean Illing
Sean Illing is an Associate Solicitor at Lewis Silkin LLP.
Pending Cases

Case C-705/18, Part-time Work, Gender Discrimination

Agencia Estatal de la Administración Tributaria – v – SJ, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 13 November 2018

Journal European Employment Law Cases, Issue 2 2019
Rulings

ECJ 8 May 2019, case C-631/17 (Inspecteur van de Belastingdienst), Social Insurance

SF – v – Inspecteur van de Belastingdienst, Dutch case

Journal European Employment Law Cases, Issue 2 2019
Keywords Social insurance
Abstract

Pending Cases

Case C-211/19, Working Time

UO – v – Készenléti Rendőrség, reference lodged by the Miskolci Közigazgatási és Munkaügyi Bíróság (Hungary) on 6 March 2019

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-609/17, Paid Leave

Terveys- ja sosiaalialan neuvottelujärjestö (TSN) ry – v – Hyvinvointialan liitto ry, reference lodged by the Työtuomioistuin (Finland) on 24 October 2017

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-658/18, Fixed-Term Work, Annual Leave

UX – v – Governo della Repubblica italiana, reference lodged by the Giudice di pace di Bologna (Italy) on 22 October 2018

Journal European Employment Law Cases, Issue 2 2019
Pending Cases

Case C-171/18, Gender Discrimination, Pension

Safeway Ltd – v – Andrew Richard Newton, Safeway Pension Trustees Ltd, reference lodged by the Court of Appeal (United Kingdom) on 5 March 2018

Journal European Employment Law Cases, Issue 2 2019

    The German Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) has held that pre-employment as a freelancer must be taken into account in relation to the number of years having been with a firm as a freelancer when assessing the legality of a fixed-term contract due to the character of the specific deployment.


Othmar Traber
Othmar K. Traber is a partner at Ahlers & Vogel Rechtsanwälte PartG mbB in Bremen, www.ahlers-vogel.com.

Daniel Hilmer
Daniel Hilmer is an intern at Ahlers & Vogel Rechtsanwälte PartG mbB in Bremen, www.ahlers-vogel.com.
Pending Cases

Case C-177/18, Fixed-Term Work

Almudena Baldonedo Martín – v – Almudena Baldonedo Martín, reference lodged by the Juzgado de lo Contencioso-Administrativo de Madrid (Spain) on 7 March 2018

Journal European Employment Law Cases, Issue 2 2019

    The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards.


Paul Schreiner
Paul Schreiner is a partner at Luther Rechtsanwaltsgesellschaft mbH.

Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
Showing 21 - 40 of 554 results
« 1 2 4 5 6 7 8 9 27 28
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.