If a worker takes annual leave when he is incapacitated for work due to illness, he is entitled to his full salary rather than a reduced amount which he is entitled to during illness. |
Rulings |
ECJ 9 December 2021, case C-217/20 (Staatssecretaris van Financiën (Rémunération pendant le congé annuel payé)), Paid LeaveXXXX – v – Staatssecretaris van Financiën, Dutch case |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Paid Leave |
Abstract |
Rulings |
ECJ 25 November 2021, case C-233/20 (job-medium), Paid LeaveWD – v – job-medium GmbH in liquidation, Austrian case |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Paid Leave |
Abstract |
Directive 2003/88 precludes provisions which deny a worker an allowance in lieu for untaken leave when his employment relationship ends, even if the employee terminated it without good cause. |
Rulings |
ECJ 11 November 2021, case C-214/20 (Dublin City Council), Working TimeMG – v – Dublin City Council, Irish case |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Working Time |
Abstract |
Whether stand-by time in a permanent stand-by system qualifies as ‘working time’ must be determined by an overall assessment of all the facts, with a focus on the constraints imposed on the worker. The ECJ’s summary of the case is available on: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-11/cp210201en.pdf. |
Pending Cases |
Case C-311/21, Temporary Agency WorkCM – v – TimePartner Personalmanagement GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 18 May 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Temporary Agency Work |
Rulings |
EFTA 15 July 2021, case E-11/20 (Eyjólfur Orri Sverrisson v The Icelandic State), Working TimeEyjólfur Orri Sverrisson – v – The Islandic State, Islandic Case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Working Time |
Abstract |
Necessary travel time outside working hours constitutes working time. |
Pending Cases |
Case C-477/21, Working TimeIH – v – MÁV-START Vasúti Személyszállító Zrt., reference lodged by the Miskolci Törvényszék (Hungary) on 3 August 2021 |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Working Time |
Rulings |
ECJ 28 October 2021, case C-909/19 (Unitatea Administrativ Teritorială D.), Working TimeBX – v – Unitatea Administrativ Teritorială D., Romanian case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Working Time |
Abstract |
Vocational training is working time. |
Rulings |
ECJ 15 July 2021, case C-742/19 (Ministrstvo za obrambo), Working TimeBK – v – Republika Slovenija (Ministrstvo za obrambo), Slovenian case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Working Time |
Abstract |
In a limited number of security activities, military personnel are excluded from the scope of the Working Time Directive. The Directive does not prohibit stand-by periods and actual work to be remunerated differently. |
Rulings |
ECJ 9 September 2021, case C-107/19 (Dopravní podnik hl. m. Prahy), Working TimeXR – v – Dopravní podnik hl. m. Prahy, akciová společnost, Czech case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Working Time |
Abstract |
A stand-by shift with a required response within two minutes makes a break qualify as working time. |
Pending Cases |
Case C-120/21, Paid LeaveLB – v – TO, reference lodged by the Bundesarbeitsgericht (Germany) on 26 February 2021 |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Paid Leave |
Landmark Ruling |
ECJ 9 March 2021, Case C-344/19 (Radiotelevizija Slovenija), Working TimeDJ – v – Radiotelevizija Slovenija, Slovenian case |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Working Time |
Abstract |
A period of stand-by time according to a stand-by system is not, in its entirety, working time unless the constraints imposed on the worker very significantly affect his or her ability to manage, during that period, his or her freetime. |
Pending Cases |
Case C-660/20, Part Time WorkMK – v – Lufthansa CityLine GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 4 December 2020 |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Part Time Work |
Rulings |
ECJ 24 March 2021, joined cases C-870/19 and C-871/19 (Prefettura Ufficio territoriale del governo di Firenze), Working Time, MiscellaneousPrefettura Ufficio territoriale del governo di Firenze – v – MI (C-870/19) and TB (C-871/19), Italian Case |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Working Time, Miscellaneous |
Abstract |
Lorry, motor coach and bus drivers who, during an inspection, do not produce the record sheets for the tachograph relating to the current day and the previous 28 days are subject to a single penalty, irrespective of the number of missing record sheets |
Landmark Ruling |
ECJ 9 March 2021, Case C-580/19 (Stadt Offenbach am Main), Working TimeRJ – v – Stadt Offenbach am Main, German case |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Working Time |
Abstract |
A period of stand-by time according to a stand-by system is not, in its entirety, working time unless the constraints imposed on the worker very significantly affect his or her ability to manage, during that period, his or her freetime. |
Rulings |
ECJ 17 March 2021, Case C-585/19 (Academia de Studii Economice din Bucureşti), Working TimeAcademia de Studii Economice din Bucureops ti – v – Organismul Intermediar pentru Programul Operaţional Capital Uman – Ministerul Educaţiei Naţionale, Romanian Case |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Working Time |
Abstract |
Where a worker has concluded more than one employment contract with the same employer, the minimum daily rest period applies to the contracts taken as a whole and not to each of the contracts taken separately. |
Rulings |
ECJ 4 June 2020, case C-588/18 (Fetico and others), Working Time, Paid LeaveFederación de Trabajadores Independientes de Comercio (Fetico), Federación Estatal de Servicios, Movilidad y Consumo de la Unión General de Trabajadores (FESMC-UGT), Federación de Servicios de Comisiones Obreras (CCOO) – v – Grupo de Empresas DIA SA, Twins Alimentación SA, Spanish case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Working Time, Paid Leave |
Abstract |
Articles 5 and 7 of Directive 2003/88 do not apply to national rules providing for special leave on days when workers are required to work, when these days occur during weekly rest periods or paid annual leave. |
Rulings |
ECJ 7 May 2020, case C-96/19 (Bezirkhauptmannschaft Tulln), Working Time, MiscellaneousVO – v – Bezirkshauptmannschaft Tulln, Austrian case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Working Time, Miscellaneous |
Abstract |
A Member State can require a driver of a vehicle with a digital tachograph, if both automatic and manual entry are lacking, to present a statement which his employer has drawn up according to the form annexed to Decision 2009/959/EU on a form concerning social legislation relating to road transport activities. |
Landmark Rulings |
ECJ 26 March 2020, case C-344/18 (ISS Facility Services), Transfer of undertakings, transfer, employment termsISS Facility Services NV – v – Sonia Govaerts and Atalian NV (formerly Euroclean NV), Belgian case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Transfer of undertakings, Employment terms, Transfer |
Abstract |
In case of a transfer of undertaking involving multiple transferees, the rights and obligations arising from an employment contract may be divided between various transferees, if this is possible. If not (or if it is to the detriment of the employee), the transferees would be regarded as being responsible for any consequent termination under Article 4 of Directive 2001/23, even if this were to be initiated by the worker. |
Pending Cases |
Case C-105/20, Gender Discrimination, Part Time WorkUF – v – Union Nationale des Mutualités Libres (Partenamut) (UNMLibres), reference lodged by the Tribunal du travail de Nivelles (Belgium) on 27 February 2020 |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Gender Discrimination, Part Time Work |
Landmark Rulings |
ECJ 22 April 2020, case C-692/19 (Yodel Delivery Network), Working Time, Employment StatusB – v – Yodel Delivery Network Ltd, UK case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Working Time, Employment Status |
Abstract |
Directive 2003/88/EC precludes a self-employed independent contractor from being classified as a ‘worker’ under the Directive, if they are afforded discretion on the use of subcontractors, acceptance of tasks, providing services to third parties and fixing their own hours of work, provided that the independence does not appear to be fictitious and no relationship of subordination between them and their putative employer can be established. |