EU employment protection is usually limited to “employees”, meaning that independent contractors are not covered. However, EU law often leaves it to Member States to determine the meaning of employee. The directives regulating transfers of undertakings, collective redundancies, written working conditions, information and consultation, part-time work, temporary agency workers etc. are all examples of protection covering only ‘employees’ as defined by each Member State. |
Case Reports |
2016/55 New Supreme Court decision on the distinction between independent contractors and employees (NO) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Independent contractors, Employees |
Authors | Marianne Jenum Hotvedt and Anne-Beth Engan |
AbstractAuthor's information |
ECJ Court Watch |
Case C-306/16. Working timeAntónio Fernando Maio Marques da Rosa – v – Varzim Sol – Turismo, Jogo e Animação, S, reference lodged by the Portuguese Tribunal da Relação do Porto on 30 May 2016 |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Working time |
Case Reports |
2016/50 Employment status in discrimination claims: absence of obligations between assignments can be relevant (UK) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Employment status, Absence of obligations |
Authors | Tom McEvoy |
AbstractAuthor's information |
The Court of Appeal has given guidance on how to determine employment status in discrimination cases where the claimant is engaged on a case-by-case basis. The judgment confirms that the lack of mutual obligations between the putative employer and employee between assignments can be a relevant factor. If an individual is engaged on an assignment-by-assignment basis, with the freedom to turn down work when it is offered, this may imply a lack of subordination during the periods of work. The absence of an overarching ‘umbrella’ contract between assignments may therefore be relevant when determining whether an individual is protected by discrimination law. |
ECJ Court Watch |
ECJ 14 September 2016, case C-16/15 (Pérez López), Fixed-term workMaría Elena Pérez López – v – Servicio Madrileño de Salud (Comunidad de Madrid) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Fixed-term work |
Abstract |
Successive fixed-term contracts cannot be justified by legal provisions allowing renewal in order to ensure the provision of certain services of a temporary, auxiliary or extraordinary nature when, in reality, there is no obligation to create additional permanent posts in order to bring an end to the structural use of fixed-term work to fill permanent posts. |
ECJ Court Watch |
ECJ 21 September 2016, case C-631/15 (Alvarez Santirso), Fixed-term employmentCarlos Alvarez Santirso – v – Consejería de Educación, Cultura y Deporte del Principado de Asturias |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Fixed-term work |
Abstract |
Spanish law which reserves participation in evaluation plans for teachers contravenes Directive 1999/70. |
ECJ Court Watch |
ECJ 17 November 2016, case C-216/15 (Ruhrlandklinik), Temporary agency workBetriebsrat der Ruhrlandklinik gGmbH – v – Ruhrlandklinik gGmbH |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Temporary agency work |
Abstract |
The definition of ‘worker’ in Directive 2008/104 on temporary agency work includes those who are similar to employees, without having employee status under domestic law. |
ECJ Court Watch |
Case C-415/16. Working timeDavid Fernando Leal da Fonseca – v – Varzim Sol – Turismo, Jogo e Animação, SA, reference lodged by the Portuguese on 27 July 2016 |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Working time |
Case Reports |
2016/61 The court awards for victimisation resulting from sexual harassment, even though the claim for sexual harassment itself was time-barred (CY) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Sexual harassment claim, Time-barred, Victimisation |
Authors | Anna Praxitelous |
AbstractAuthor's information |
The Industrial Disputes Court considered certain substantive and procedural issues in the context of a claim for sexual harassment and victimisation. This case provides a good illustration of the principles the tribunals apply when examining sexual harassment cases and how these are interpreted by Cypriot employment courts. |
Case Reports |
2016/53 Landmark decision by Austrian Supreme Court: Face veil ban for employees is lawful (AT) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Religion |
Authors | Hans Georg Laimer and Lukas Wieser |
AbstractAuthor's information |
The Austrian Supreme Court has ruled that the general prohibition of Muslim face veils by an employer does not constitute unlawful discrimination. In this landmark decision, Austria’s Supreme Court expresses the view that an uncovered face is a prerequisite to proper communication. Thus, termination of employment by reason of an employee’s refusal to come to work unless she can wear a face veil is not unlawful under the Austrian Equal Treatment Act. Whether this rule also applies to other religious clothing such as headscarves remains to be seen. |
ECJ Court Watch |
Case 89/16. Social securityRadosław Szoja – v – Sociálna poisťovňa, reference lodged by the Slovakian Najvyšší súd Slovenskej republiky on 15 February 2016 |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Social security |
Article |
2016/35 What does Brexit mean for UK employment law? (UK) |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Brexit, employment law |
Authors | James Davies |
Author's information |
Case Reports |
2016/45 Supreme Court rules on social security legislation applicable to temps posted abroad (PL) |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Free movement, social security and temporary agency workers |
Authors | Marcin Wujczyk PhD |
AbstractAuthor's information |
Temporary agency workers employed by a Polish agency and posted temporarily to France to work there under the direction of a French client are entitled to A1 certificates and, therefore, to remain governed by exclusively Polish social security legislation while working in France. |
ECJ Court Watch |
Case C-175/16. Working timeHannele Hälvä, Sari Naukkarinen, Pirjo Paajanen, Satu Piik – v – SOS-Lapsikylä ry, reference lodged by the Finnish Korkein oikeus on 29 March 2016 |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Working time |
ECJ Court Watch |
Case C-97/16. Working timeJosé María Pérez Retamero – v – TNT Express Worldwide, S.L., Transportes Sapirod, S.L. and Fondo de Garantía Salarial (Fogasa), reference lodged by the Spanish Juzgado de lo Social No 3 de Barcelona on 17 February 2016 |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Working time |
ECJ Court Watch |
ECJ 20 July 2016, case C-341/15 (Maschek), Paid leaveHans Maschek – v – Magistratsdirektion de Stadt Wien – Personalstelle Wiener Stadtwerke |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Paid leave |
Abstract |
The fact that a worker retires voluntarily does not deprive him of the right to payment in lieu of paid annual leave he was unable to use up on account of sickness. |
Case Reports |
2016/37 More days of leave for employees over 50 is unjustified unequal treatment (GE) |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Age discrimination |
Authors | Paul Schreiner and Jana Hunkemöller |
AbstractAuthor's information |
If a collective agreement grants older employees a higher vacation claim solely because of their age, a younger employee is entitled to the same number of days of leave. |
Case Reports |
2016/48 Establishment of the European Work Council (SK) |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Work Council, establishment of the European Work Council |
Authors | Gabriel Havrilla and Dominika Šlesárová |
AbstractAuthor's information |
Council Directive 94/45/EC (the ‘Directive’) determines the conditions for setting up a European Works Council or other means of providing information to employees in relation to employers that operate in more than one EU Member State. The aim of the Directive is to ensure employees are properly informed about their own employer and the company group operating in the EU, under their right to transnational information. In the case at hand, the courts needed to determine what conditions had to be met to set up a European Work Council and when a European Work Council would be established by operation of law. |
Case Reports |
2016/42 Court finds fixed-term employee eligible for contract of indefinite duration (CY) |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Dismissal, conversion fixed term contracts |
Authors | Michalis Hadjigiovanni |
AbstractAuthor's information |
Where an employee’s working time exceeds the 30 months prescribed by law, a fixed term contract will be converted into an indefinite term contract. |
Case Reports |
2016/49 French state held liable for failing to transpose Article 7§1 of the Working Time Directive (FR) |
Journal | European Employment Law Cases, Issue 3 2016 |
Keywords | Working time, paid leave |
Authors | Claire Toumieux and Susan Ekrami |
AbstractAuthor's information |
The French state was held liable by the Administrative Court of Clermont-Ferrand for failing to transpose Article 7§1 of EU Directive 2003/88/EC on working time. |