If a religious organisation relies on an exception to the principle of equal treatment to draft rules that differ according to the religion of the employees, this must be subject to judicial review and will be acceptable only if the religion or belief constitutes a genuine and legitimate occupational requirement, justified by the ethos of the organisation concerned and the application of the exception is proportionate. If there are contrary provisions in national law, these must be disapplied. |
Search result: 453 articles
Year 2018 xPending cases |
Case C-486/18, Parental leaveRE – v – Praxair MRC, reference lodged by the Cour de cassation (France) on 23 July 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Rulings |
ECJ 11 September 2018, case C-68/17 (IR – v – JQ), Religious discriminationIR – v – JQ, German case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Religious discrimination |
Abstract |
Pending cases |
Case C-274/18, Gender discrimination, Fixed-term workMinoo Schuch-Ghannadan – v – Medizinische Universität Wien, reference lodged by the Arbeits- und Sozialgericht Wien (Austria) on 23 April 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Rulings |
ECJ 6 November 2018, case C-619/16 (Kreuziger), Paid leaveSebastian W. Kreuziger – v – Land Berlin, German case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Paid leave |
Abstract |
A worker cannot automatically lose the right to annual leave because s/he did not apply for it. The employer must have informed the employee about the opportunity to take leave adequately and in a timely way, and must be able to prove this has been done. |
Case Reports |
EELC 2018/42 No reduction of vacation pay for already accrued vacation entitlement in the case of a reduction of weekly working hours later on (GE) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Paid leave |
Authors | Nina Stephan and Paul Schreiner |
AbstractAuthor's information |
According to German law, every employee is entitled to paid annual leave. The amount of pay is generally calculated based on the current salary (known as the “principle of loss of pay”) but a reduction of working hours during the year does not lead to a reduction of entitlement to holiday pay for previously acquired holiday entitlements. If the entitlement was already acquired before the reduction of working time (which can happen because in Germany holiday entitlement is acquired at the beginning of the calendar year), pay during leave will be based on the salary agreed between the employer and employee when the holiday entitlement was acquired and thus, based on the ‘old’ salary. |
Editorial |
A Christmas Carol |
Journal | European Employment Law Cases, Issue 4 2018 |
Authors | Zef Even |
Pending cases |
Case C-257/18, Social insuranceM. Güler – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, reference lodged by the Centrale Raad van Beroep (Netherlands) on 13 April 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Case Reports |
EELC 2018/46 Limits to a contractual penalty for non-compliance with a non-compete clause (CZ) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Miscellaneous |
Authors | Anna Diblíková |
AbstractAuthor's information |
The Czech Supreme Court has ruled that the concept of good moral conduct must be taken into account when assessing whether an employee has breached his or her non-compete obligation and thus whether it is fair to demand that the employee pay a contractual penalty for the breach. The Court annulled the penalty. |
Pending cases |
Case C-581/18, Age discriminationYV, reference lodged by the Sąd Najwyższy (Poland) on 17 August 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Case Reports |
EELC 2018/40 Equal treatment of leased employees by ‘false’ works agreements (AU) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Temporary agency work, Part-time work |
Authors | Sarah Lurf |
AbstractAuthor's information |
A ‘false’ works agreement, which reduces the standard weekly working hours for permanent staff, also applies to leased employees. However, the pay of leased employees remains governed by the applicable collective bargaining agreement, rather than by the ‘false’ works agreement. Therefore, leased (part-time) employees benefitted from the reduced working hours by the ‘false’ works agreement, but received full pay based on the collective bargaining agreement. |
Pending cases |
Case C-588/18, Working timeFederación de Trabajadores Independientes de Comercio (FETICO), Federación Estatal de Servicios, Movilidad y Consumo de la Unión General de Trabajadores (FESMC-UGT), Federación de Servicios de Comisiones Obreras (CC.OO.) – v – Grupo de Empresas DIA, S.A., Twins Alimentación, S.A., reference lodged by the Audiencia Nacional (Spain) on 20 September 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Pending cases |
Case C-404/18, Gender discriminationJamina Hakelbracht, Tine Vandenbon, Instituut voor de Gelijkheid van Vrouwen en Mannen – v – WTG Retail BVBA, reference lodged by the Arbeidsrechtbank Antwerpen (Belgium) on 19 June 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Pending cases |
Case C-317/18, Transfer, MiscellaneousCátia Correia Moreira – v – Município de Portimão, reference lodged by the Tribunal Judicial da Comarca de Faro (Portugal) on 14 May 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Pending cases |
Case C-37/18, MiscellaneousVueling Airlines SA – v – Jean-Luc Poignan, reference lodged by the the Cour de cassation (France) on 19 January 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Case Reports |
EELC 2018/35 Employees who lose their jobs upon retirement are not entitled to statutory severance compensation (NL) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Age discrimination |
Authors | Peter C. Vas Nunes |
AbstractAuthor's information |
A provision of Dutch law, according to which employees who lose their jobs upon retirement are excluded from the right to statutory severance compensation, is not in breach of the Framework Directive. |
Pending cases |
Case C-161/18, Equal treatment, PensionVioleta Villar Láiz – v – Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), reference lodged by the Tribunal Superior de Justicia de Castilla y León (Spain) on 27 February 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Pending cases |
Case C-194/18, TransferJadran Dodič – v – Banka Koper, Alta Invest, reference lodged by the Vrhovno sodišče Republike Slovenije (Slovenia) on 19 March 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Landmark Rulings |
ECJ 6 November 2018, case C-684/16 (Max-Planck-Gesellschaft), Paid leaveMax-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. – v – Tetsuji Shimizu, German case |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Paid leave |
Abstract |
A worker does not automatically lose the right to annual leave because s/he did not apply for it. The employer must have informed the employee about the opportunity to take the leave adequately and in a timely way, and must be able to prove it. Based on the EU Charter of Fundamental Rights, this applies between individuals as well. |
Pending cases |
Case C-429/18, Fixed-term workBerta Fernández Álvarez, BMM, TGV, Natalia Fernández Olmos, María Claudia Téllez Barragán – v – Consejería de Sanidad de la Comunidad de Madrid, reference lodged by the Juzgado de lo Contencioso-Administrativo de Madrid (Spain) on 28 June 2018 |
Journal | European Employment Law Cases, Issue 4 2018 |
Case Reports |
EELC 2018/39 Supreme Court decision on part-time work and fixed-term employment (DK) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Part-time work, Fixed-term work |
Authors | Christian K. Clasen |
AbstractAuthor's information |
The Danish Supreme Court has held there was no discrimination against four part-time teachers at a university in that they did not receive pension contributions. Their positions could not be compared to those of full-time teachers, who were entitled to pension contributions. However, it did constitute a violation of the Danish rules on fixed-term work that the teachers had, for a number of years, been employed on several fixed-term contracts, as they had, in effect, been continuously employed in the same position. Consequently, the teachers were awarded compensation. |