Various of our academic board analysed employment law cases from last year. |
Search result: 45 articles
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Case Law |
2022/1 EELC’s review of the year 2021 |
Journal | European Employment Law Cases, Issue 1 2022 |
Authors | Niklas Bruun, Filip Dorssemont, Zef Even e.a. |
Abstract |
Case Reports |
2022/8 Port Labour Act not in conflict with the Belgian Constitution (BE) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Free Movement, Work and Residence Permit |
Authors | Heleen Franco and Julien Hick |
AbstractAuthor's information |
In its judgment of 25 November 2021, the Belgian Constitutional Court has upheld the obligation to call on recognised dock workers for the activity consisting of preparing trailers on a dock for shipment with a vehicle specifically intended for that purpose (known as a ‘tugmaster tractor’). The obligation to rely solely on recognised dock workers for the performance of port work is justified, among other things, by the need to improve safety in port areas and to prevent accidents at work. The identical treatment of, on the one hand, the loading and unloading of ships in the strict sense and, on the other hand, the activity of preparing trailers on a dock for shipment with a tugmaster tractor, does not breach the principle of equality and non-discrimination. Therefore, equal treatment of both types of port labour, with regard to the obligation to call on recognised dock workers, is reasonably justified. |
Case Reports |
2021/34 End of the Ryanair saga: a trade union victory with a bitter taste for the employees involved (BE) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Applicable Law, Working Time |
Authors | Gautier Busschaert |
AbstractAuthor's information |
Ryanair and Crewlink have finally been found in violation of Belgian mandatory provisions following the ruling of the ECJ in cases C-168/16 and C-169/16 (Nogueira and Others) and ordered to pay certain amounts to the employees involved by virtue of Belgian mandatory provisions. Yet, this trade union victory has a bitter taste for those employees, who were refused their main claim, i.e. to be paid normal remuneration for on-call time at the airport. |
Case Reports |
2021/30 ‘Gender critical’ beliefs are protected philosophical beliefs (UK) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Other Forms of Discrimination |
Authors | Bethan Carney |
AbstractAuthor's information |
The Employment Appeal Tribunal (EAT) has ruled that ‘gender critical’ beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in ‘gender identity’ is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs. |
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 |
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. |
Landmark Ruling |
ECJ 3 June 2021, case C-784/19 (TEAM POWER EUROPE), Social Insurance, Temporary Agency Work, Posting of Workers and Expatriates‘TEAM POWER EUROPE’ EOOD – v – Direktor na Teritorialna direktsia na Natsionalna agentsia za prihodite – Varna, Bulgarian case |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Social Insurance, Temporary Agency Work, Posting of Workers and Expatriates |
Abstract |
A temporary-work agency must carry out a significant part of its activities of assigning temporary agency workers locally for local social insurance to be applicable. |
Case Law |
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Journal | European Employment Law Cases, Issue 1 2021 |
Authors | Ruben Houweling, Daiva Petrylaitė, Marianne Hrdlicka e.a. |
Abstract |
Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
Editorial |
To govern is to predict |
Journal | European Employment Law Cases, Issue 1 2021 |
Authors | Zef Even |
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. |
Article |
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Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Applicable Law, Posting of Workers |
Authors | Gautier Busschaert and Pieter Pecinovsky |
AbstractAuthor's information |
This article focuses on the posting of workers in the aviation industry. The main problem is that it is not clear in which situations the Posting of Workers Directive should be applied to aircrew (i.e. cabin crew and pilots). The aviation sector is characterised by a very mobile workforce in which it is possible for employees to provide services from different countries in a very short timeframe. This makes it, to a certain extent, easier for employers to choose the applicable social legislation, which can lead to detrimental working conditions for their aircrew. This article looks into how the Posting of Workers Directive can prevent some air carriers from unilaterally determining the applicable social legislation and makes some suggestions to end unfair social competition in the sector. This article is based on a research report which the authors drafted in 2019 with funding from the European Commission (hereafter the ‘Report’) |
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. |
Article |
2020/30 Self-employment matters – the EU’s response to the lack of social protection for independent workers |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Employment status, Miscellaneous |
Authors | Luca Ratti |
AbstractAuthor's information |
The recent spread of the Covid-19 pandemic has shown how economic vulnerability varies considerably across European Member States (MSs), and so does social protection in the European Union (EU). The social and economic consequences of the pandemic have impacted asymmetrically national labour markets and exacerbated existing disparities and contradictions. A measure that most governments have introduced in the immediate aftermath has been that of making financial support available to those self-employed workers who lost fully or in part their income. Most MSs have employed quantitative thresholds to identify those self-employed more in need of public subsidies and have proportioned them according to the pre-pandemic levels of income, on the condition that they have been officially recorded as taxable revenues. |
Article |
2020/29 Legal status of electronic forms of employment |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Employment status |
Authors | Andrzej Świątkowski |
AbstractAuthor's information |
The UK Employment Tribunals and England and Wales Court of Appeal (case [2018] EWCA Civ 2748) have ruled that any Uber driver who has the Uber App switched on, is in the territory where he/she is authorised to work, and is able and willing to accept assignments, is working for Uber under a worker contract. The UK courts disregarded some of the provisions of Uber’s driver agreement. They had been entitled to do so because the relevant provisions of the driver agreement did not reflect the reality of the bargain made between the parties. The fact that Uber interviews and recruits drivers, controls the key information, requires drivers to accept trips, sets the route, fixes the fare, imposes numerous conditions on drivers, determines remuneration, amends the driver’s terms unilaterally, and handles complaints by passengers, makes it a transportation or passenger carrier, not an information and electronic technology provider. Therefore the UK courts resolved the central issue of for whom (Uber) and under a contract with whom (Uber), drivers perform their services. Uber is a modern business phenomenon. Regardless of its special position in business, Uber is obliged to follow the rules according to which work is neither a commodity nor an online technology. |
Case Law |
2020/1 EELC’s review of the year 2019 |
Journal | European Employment Law Cases, Issue 1 2020 |
Authors | Ruben Houweling, Daiva Petrylaitė, Peter Schöffmann e.a. |
Abstract |
Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
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. |