The Austrian Supreme Court has held that the employer must notify the Employment Service (AMS) when it is contemplating collective redundancies, even if they are carried by mutual agreement. The duty of notification is triggered if the employer proposes a mutual termination agreement to a relevant number of employees, provided the offer is binding and can be accepted by the employees within 30 days. If the employer fails to notify the AMS, any subsequent redundancies (or mutual terminations of employment occurring on the employer’s initiative) are void, even if effected after 30 days. |
Search result: 8 articles
Year 2018 xCase Reports |
EELC 2018/38 Collective Redundancies: Failure to notify Employment Service cannot be healed by postponing termination (AU) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Collective redundancies |
Authors | Andreas Tinhofer |
AbstractAuthor's information |
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 |
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. |
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. |
Case Reports |
2018/26 Unilateral changes to employment terms and conditions treated as redundancy in employment law (PL) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Collective redundancies |
Authors | Andrzej Marian Swiatkowski |
AbstractAuthor's information |
In 2017, the ECJ delivered its judgment in the Socha case (C-149/16). This judgment, about the Collective Redundancy Directive (98/59/EC), highlights the contradictions between the Directive and Polish law and demonstrates some of consequences such a judgment can lead to. |
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 |
Case Reports |
2018/6 Dismissals anticipating a transfer of undertaking validated (HU) |
Journal | European Employment Law Cases, Issue 1 2018 |
Keywords | Dismissal/severance payment, Transfer of undertaking |
Authors | Gabriella Ormai |
AbstractAuthor's information |
The Hungarian Supreme Court has held that within the context of the transfer of an undertaking, the transferee can terminate employment relationships immediately after the transfer for operational reasons and can commence preparations to that effect before the transfer. |
Law Review |
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Journal | European Employment Law Cases, Issue 1 2018 |
Authors | Ruben Houweling, Catherine Barnard, Zef Even e.a. |
Abstract |
This is the first time we have produced a review of employment law cases from the previous year, based on analysis by various of our academic board members. But before looking at their findings, we would first like to make some general remarks. |
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. |