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    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 25 November 2021, case C-233/20 (job-medium), Paid Leave

WD – 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 Time

MG – v – Dublin City Council, Irish case

Journal European Employment Law Cases, Issue 4 2021
Keywords Working Time
Abstract
Pending Cases

Case C-311/21, Temporary Agency Work

CM – 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 Time

Eyjólfur 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 Time

IH – 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 Time

BX – 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 Time

BK – 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 Time

XR – 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 Leave

LB – 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 Time

DJ – 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 Work

MK – 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, Miscellaneous

Prefettura 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 Time

RJ – 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 Time

Academia 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 Leave

Federación 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, Miscellaneous

VO – 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 terms

ISS 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 Work

UF – 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 Status

B – 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.

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