The Supreme Court found that the Court of Appeal did not properly examine whether the difference of treatment of employees based on a social plan may be justified. |
Case Reports |
2019/48 Transfer of undertaking applicable in case of delegation of a public service (RO) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Transfer of undertakings, Transfer |
Authors | Ioana Cazacu |
AbstractAuthor's information |
Case Reports |
2019/33 Is hiring of employees of a former service provider subject to transfer of undertaking legislation? (IT) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Transfer of undertakings |
Authors | Caterina Rucci |
AbstractAuthor's information |
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. |
Case Reports |
2019/23 A reintegrated employee is entitled to compensation for untaken leave following prior unjustified dismissal (SI) |
Journal | European Employment Law Cases, Issue 2 2019 |
Keywords | Paid Leave |
Authors | Petra Smolnikar |
AbstractAuthor's information |
According to the Supreme Court of the Republic of Slovenia (Vrhovno sodišče Republike Slovenije) (Supreme Court), reintegration of a formerly dismissed employee does not mean that the employment relationship had not been terminated earlier. Consequently, the employee is entitled to an allowance in lieu of the untaken leave at the time of the dismissal. |
Case Reports |
2019/11 Resignation or constructive dismissal? (RO) |
Journal | European Employment Law Cases, Issue 1 2019 |
Keywords | Miscellaneous |
Authors | Andreea Suciu |
AbstractAuthor's information |
The Iasi Court of Appeal has held that a request for resignation completed and signed after various forms of pressure from the employee’s superiors does not represent a termination of an individual labour agreement on the initiative of the employee, but a constructive dismissal. |
Case Reports |
2019/9 The right to object against a transfer in case of incorrect information is not unlimited (GE) |
Journal | European Employment Law Cases, Issue 1 2019 |
Keywords | Transfer of undertaking, Employees who transfer/refuse to transfer |
Authors | Nina Stephan |
AbstractAuthor's information |
According to German law, every employee has the right to object to the transfer of their employment relationship to the transferee in the case of a transfer of business. However, the right to object is not unlimited. The Federal Labour Court (Bundesarbeitsgericht (‘BAG’)) held that an employee who had worked for the transferee for seven years had lost this right if they had been informed about the transfer. |