The obligations regarding collective redundancies also apply to all undertakings linked to an employer by shareholdings or by other links in law which allow for decisive influence in decision-making bodies and compel it to contemplate or to plan for collective redundancies. |
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Rulings |
ECJ 7 August 2018, case C-61/17 (Bichat), Collective redundanciesMiriam Bichat – v – Aviation Passage Service Berlin GmbH & Co. KG, German case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Collective redundancies |
Abstract |
Rulings |
ECJ 28 June 2018, case C-57/17 (Checa Honrado), InsolvencyEva Soraya Checa Honrado – v – Fondo de Garantía Salarial, Spanish case |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Insolvency |
Abstract |
An employee is entitled to protection against insolvency if s/he is entitled to severance pay on the basis that the employer has changed the workplace, so forcing the employee to choose between relocating and ending the employment relationship - but before paying the severance in full, the employer becomes insolvent. |
Pending cases |
Case C-57/18, Collective redundanciesAX – v – BV, reference lodged by the Bundesarbeitsgericht (Germany) on 30 January 2018 |
Journal | European Employment Law Cases, Issue 2 2018 |
ECJ Court Watch |
ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundanciesJessica Porras Guisado – v – Bankia SA and Others, Spanish case |
Journal | European Employment Law Cases, Issue 1 2018 |
Keywords | Unfair dismissal, Collective redundancies |
Abstract |
Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy. |
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