Search result: 29 articles

x
The search results will be filtered on:
Journal European Employment Law Cases x Year 2019 x
Pending Cases

Case C-483/19, Fixed-term work

Ville de Verviers – v – J, reference lodged by the Cour du travail de Liège (Belgium) on 24 June 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Fixed-term work
Pending Cases

Case C-652/19, Fixed-term work, Collective redundancies

KO – v – Fallimento Consulmarketing SpA, reference lodged by the Tribunale di Milano (Italy) on 2 September 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Fixed-term work, Collective redundancies
Pending Cases

Case C-407/19, Free movement, fixed-term work

Katoen Natie Bulk Terminals NV, General Services Antwerp NV – v – Belgische Staat, reference lodged by the Raad van State (Belgium) on 24 May 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Free movement, fixed-term work

    The Constitutional Court of the Republic of Latvia has ruled that provisions of the Law on Higher Education Institutions stipulating that professors and associate professors are elected to the office for a fixed period of time, i.e. for six years, and that only fixed-term employment contracts are to be concluded with them are not compatible with the Constitution of the Republic of Latvia (Latvijas Republikas Satversme) (the ‘Constitution’), which among other things provides that everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. The restriction of this right in this case cannot be regarded as proportionate since the legislator has failed to implement the requirements of the Fixed-term Work Directive 99/70/EC.


Andis Burkevics
Andis Burkevics is a counsel with SORAINEN.
Case Reports

2019/51 Stand-by time from home is paid working time (RO)

Journal European Employment Law Cases, Issue 4 2019
Keywords Working time
Authors Andreea Suciu and Gabriela Ion
AbstractAuthor's information

    Stand-by time from home represents working time of medical personnel even for the periods when no medical activity was actually performed (no attendance at the hospital was required), the salary rights for such period being determined as a percentage of the hourly rate for the basic salary and the number of hours when stand-by time from home was performed.


Andreea Suciu
Andreea Suciu is the Managing Partner of Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an associate with Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).
Case Reports

2019/47 Transfer of undertakings does not include temporary agency workers (AT)

Journal European Employment Law Cases, Issue 4 2019
Keywords Transfer of undertakings, Transfer, Employees who transfer/refuse to transfer
Authors Thomas B. Pfalz
AbstractAuthor's information

    In a series of rulings the Austrian Supreme Court has made it clear that temporary agency workers are transferred to the transferee only if they are assigned to the transferor on a permanent basis. According to the Court, the facts of the cases at hand are not comparable to those of the ECJ ruling in Albron Catering BV (C-242/09). Hence the temporary agency workers remain with their original employer. However, some aspects of the Court’s reasoning seem unclear if not contradictory with regard to other recent judgments.


Thomas B. Pfalz
Thomas B. Pfalz is a Senior Scientist at the Institute for Law at the University of Klagenfurt.

    The Federal Labour Court (Bundesarbeitsgericht – BAG) has decided that the entitlement to paid annual leave only expires at the end of the calendar year or at the end of a carry-over period if the employer has previously put the employee in a position to take his leave and yet the employee has not taken the leave out of his own free will. The court held that the employer must cooperate in granting the leave. He has to encourage the employee to take his – concrete numbered - leave and inform him accurately and in good time, that the entitlement to paid leave would otherwise expire.


Daniel Zintl
Daniel Zintl is an attorney-at-law with Luther Rechtsanwaltsgesellschaft mbH.
Rulings

ECJ 18 September 2019, case C-366/18 (Ortiz Mesonero), Maternity and parental leave

José Manuel Ortiz Mesonero – v – UTE Luz Madrid Centro, Spanish case

Journal European Employment Law Cases, Issue 4 2019
Keywords Maternity and parental leave
Abstract

Pending Cases

Case C-644/19, Fixed-term work, Age discrimination

FT – v – Universitatea ‘Lucian Blaga’ Sibiu, GS and Others, and Ministerul Educației Naționale, reference lodged by the Curtea de Apel Alba Iulia (Romania) on 28 August 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Fixed-term work, Age discrimination

    The Polish Supreme Court has held that a criterion of discrimination may also be a relationship of a social or familial nature that exists in the workplace and whose existence or absence on the part of the employee results in different treatment by the employer.


Marcin Wujczyk
Marcin Wujczyk is an attorney at law at Wardyński & Partners, Poland (https://www.wardynski.com.pl).

    The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination.


Andrzej Marian Świątkowski
Andrzej Marian Świątkowski, is a Jean Monet Professor of European Labour Law and Social Security, Jesuit University Ignatianum, Krakow, Poland and a member of the EELC Academic Board.

    The decision pronounced by the first instance court related to the right of professional foster parents to request payment in lieu of untaken annual leave based on ECJ case law has been overruled by the Court of Appeal by making reference to a different ECJ ruling.


Andreea Suciu
Andreea Suciu is the Managing Partner and Gabriela Ion is an associate at Suciu | The Employment Law Firm (https://www.suciu-employmentlaw.ro).

Gabriela Ion
Pending Cases

Case C-483/19, Fixed-term work

Ville de Verviers – v – J, reference lodged by the Cour du travail de Liège (Belgium) on 24 June 2019

Journal European Employment Law Cases, Issue 3 2019
Keywords Fixed-term work
Abstract

Pending Cases

Case C-326/19, Fixed-term work

EB – v – Presidenza del Consiglio dei Ministri and Others, reference lodged by the Tribunale Amministrativo Regionale per il Lazio (Italy) on 23 April 2019

Journal European Employment Law Cases, Issue 3 2019
Keywords Fixed-term work
Abstract

    In a recent judgment, the Danish Supreme Court has established that it does not constitute unlawful discrimination under the Anti-Discrimination Act when a disabled employee is dismissed. The employee had a publicly funded reduced-hours job, but reached the statutory retirement age for which reason the public funding lapsed, and that was the reason for the dismissal.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.

    The German Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) has held that pre-employment as a freelancer must be taken into account in relation to the number of years having been with a firm as a freelancer when assessing the legality of a fixed-term contract due to the character of the specific deployment.


Sean Illing
Sean Illing is an Associate Solicitor at Lewis Silkin LLP.
Pending Cases

Case C-658/18, Fixed-Term Work, Annual Leave

UX – v – Governo della Repubblica italiana, reference lodged by the Giudice di pace di Bologna (Italy) on 22 October 2018

Journal European Employment Law Cases, Issue 2 2019

    The German Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) has held that pre-employment as a freelancer must be taken into account in relation to the number of years having been with a firm as a freelancer when assessing the legality of a fixed-term contract due to the character of the specific deployment.


Othmar Traber
Othmar K. Traber is a partner at Ahlers & Vogel Rechtsanwälte PartG mbB in Bremen, www.ahlers-vogel.com.

Daniel Hilmer
Daniel Hilmer is an intern at Ahlers & Vogel Rechtsanwälte PartG mbB in Bremen, www.ahlers-vogel.com.
Pending Cases

Case C-177/18, Fixed-Term Work

Almudena Baldonedo Martín – v – Almudena Baldonedo Martín, reference lodged by the Juzgado de lo Contencioso-Administrativo de Madrid (Spain) on 7 March 2018

Journal European Employment Law Cases, Issue 2 2019
Rulings

ECJ 11 April 2019, joined cases C-29/18, C-30/18 and C-44/18 (Cobra Servicios Auxiliares), fixed-term work

Cobra Servicios Auxiliares, S.A. – v – José David Sánchez Iglesias, José Ramón Fiuza Asorey, Jesús Valiño López, Fogasa, Incatema, S.L., Spanish case

Journal European Employment Law Cases, Issue 2 2019
Keywords fixed-term work
Abstract

    It is objectively justified to grant fixed-term workers a lower severance payment than indefinite term workers, if the payment has other aims and is paid in a different context.

Showing 1 - 20 of 29 results
« 1
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.