The Bucharest Tribunal has ruled that the time spent by employees in isolation at work during a Covid-19 pandemic state of emergency represents working time. However, the time spent in isolation at home following the period of isolation at work does not constitute rest time. |
Case Reports |
2021/21 The time spent in isolation at work during a state of emergency represents working time (RO) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Working Time |
Authors | Andreea Suciu and Teodora Manaila |
AbstractAuthor's information |
Case Reports |
2020/45 Non-Seafarers Work Clause: contributing to better employment conditions or not? (NL) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Unions, Miscellaneous |
Authors | Erick Hagendoorn |
AbstractAuthor's information |
In a summary proceeding, the Court of Rotterdam has held that it is not clear whether the Non-Seafarers Work Clause, prohibiting lashing work on board of container ships being carried out by the crew, does indeed contribute to better employment and/or working conditions of seafarers. As a result of which the Clause – at this time – cannot be held to be outside the scope of competition law and the claim for compliance with the provision has been rejected. In the media, unions have stated that they will continue to enforce compliance with the Non-Seafarers Work Clause. It remains to be seen whether a court in main proceedings will reach a similar verdict. |
Case Reports |
2020/43 ECJ clarifies ‘worker’ status under EU law in gig economy ruling (UK) |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Employment Status |
Authors | Colin Leckey |
AbstractAuthor's information |
The European Court of Justice (ECJ) has ruled that, while it is for national courts to make decisions about employment status, a courier working for Yodel in the UK appeared to have been correctly classified as self-employed, given the latitude he had over accepting jobs, working for competitors, providing substitutes and deciding his work schedule. The crucial factors were independence and subordination. |
Case Reports |
2019/44 Equal pay principle – New measures to reduce the gender pay gap – the example of Switzerland (CH) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Gender discrimination |
Authors | Sara Rousselle-Ruffieux |
AbstractAuthor's information |
The European Commission recently conducted a public consultation on the measures that may be taken to ensure the full application of the principle of equal pay between women and men. Its evaluation report is expected before the end of this year. The new Swiss legislation on monitoring and disclosure of the gender pay gap may be inspiration for future EU initiatives in this area. |
Case Reports |
2019/39 Industrial action injunction refused where trade unions were seeking parity of treatment (UK) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Industrial action |
Authors | Kerry Salisbury |
AbstractAuthor's information |
The High Court (HC) dismissed an application by an employer for an interim injunction to prevent strike action organised by two trade unions, who were demanding parity of treatment for their members as compared to members of another union. It was more likely than not that the two unions would succeed in establishing, at the full trial of the matter, that the statutory protection under UK law for industrial action applied. |
Case Reports |
2019/30 The religious ethos and differences of treatment in employment on grounds of belief (EU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Andrzej Marian Świątkowski |
AbstractAuthor's information |
The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination. |
Case Reports |
2019/32 Belgian jurisdiction and labour law apply despite contractual choice for Irish law and jurisdiction |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Private International Law |
Authors | Gautier Busschaert |
AbstractAuthor's information |
The Latvian Supreme Court recently used the ECJ Max Planck and Kreuziger judgments to explain how an employer can escape its obligation to compensate an employee for unused leave at the end of the employment relationship. The employer must prove that (a) it was possible for the employee to use the leave, and (b) the employer has in good time informed the employee that leave, if not used, might be lost and will not be compensated. |
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. |
Case Reports |
2016/55 New Supreme Court decision on the distinction between independent contractors and employees (NO) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Independent contractors, Employees |
Authors | Marianne Jenum Hotvedt and Anne-Beth Engan |
AbstractAuthor's information |
EU employment protection is usually limited to “employees”, meaning that independent contractors are not covered. However, EU law often leaves it to Member States to determine the meaning of employee. The directives regulating transfers of undertakings, collective redundancies, written working conditions, information and consultation, part-time work, temporary agency workers etc. are all examples of protection covering only ‘employees’ as defined by each Member State. |
Case Reports |
2016/40 The court has no jurisdiction to rule on the merits of an employer’s decision to make employees redundant (LI) |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Dismissal; redundancy |
Authors | Inga Klimašauskienė |
AbstractAuthor's information |
The Supreme Court of Lithuania recently affirmed that the courts have no competence to assess the merits of an employer’s decision to restructure and make staff redundant, as the decision was at the employer’s discretion to make. |
Case Reports |
2016/31 Supreme Court: employer cannot dismiss employee for exercising freedom of speech (SL) |
Journal | European Employment Law Cases, Issue 2 2016 |
Keywords | Freedom of speech |
Authors | Nives Slemenjak |
AbstractAuthor's information |
The employee, a public servant, criticised her employer’s director in an email that she sent all of her co-workers. The email made its way into a newspaper. She was dismissed. She challenged her dismissal successfully: the Supreme Court, weighing the employee’s right to freedom of speech against the employer’s right to protect its reputation and business interests, held the dismissal to be unfounded. |