Zoekresultaat: 31 artikelen

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    The Greek Supreme Court, in a case about the transfer of a business and the obligation on the transferee to continue employing the transferred employees, underlined the importance of a thorough and genuine control on all factors to be taken into consideration in order to conclude on the existence of a transfer of undertaking or not: the business transferred must retain an autonomous economic identity, in the sense that the functional link between the different factors transferred is retained, thus allowing the new entity to use them in order to exercise an economic activity identical or similar to the previous one.


Effie Mitsopoulou
Effie Mitsopoulou is an attorney-at-law at Effie Mitsopoulou Law Office.

    The notice of collective redundancies required to be given to an employment agency pursuant to Section 17(1) of the German Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, ‘KSchG’) can only be effectively submitted if the employer has already decided to terminate the employment contract at the time of its receipt by the employment agency. Notices of termination in collective redundancy proceedings are therefore effective – subject to the fulfilment of any other notice requirements – if the proper notice is received by the competent employment agency before the employee has received the letter of termination.


Marcus Bertz
Marcus Bertz is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
Case Reports

2020/22 Works council’s right to inspect remuneration lists (GE)

Tijdschrift European Employment Law Cases, Aflevering 2 2020
Trefwoorden Information and Consultation, Privacy
Auteurs Robert Pacholski
SamenvattingAuteursinformatie

    The Federal Labour Court (Bundesarbeitsgericht, “BAG”) has held that a works council must be provided with the documents necessary for carrying out its duties at any time on request. A works committee or another committee of the works council formed in accordance with the provisions of the Works Constitution Act (Betriebsverfassungsgesetz, “BetrVG”) is entitled to inspect the lists of gross wages. This right to inspect is not limited to anonymized gross pay lists. Data protection considerations do not dictate that the right is limited to anonymized gross payrolls. The processing of personal data associated with the right of inspection is permitted under the European General Data Protection Regulation (“GDPR”) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, “BDSG”).


Robert Pacholski
Robert Pacholski is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

    The Bulgarian Supreme Administrative Court in a decision of 24 June 2019 has ruled that the mere comparison between the job descriptions of employees is not sufficient basis for establishing whether the employees are carrying out the same work or work of equal value and the courts should also take into consideration the practical aspects of the work, the specific working conditions and the tasks actually carried out.


Kalina Tchakarova
Kalina Tchakarova is a partner at Djingov, Gouginski, Kyutchukov and Velichkov.

    The Brussels Labour Court of Appeal, in a judgment of 10 September 2019, has ruled that the notion of ‘maternity’ contained in the Belgian Gender Act does not go as far as protecting mothers against discrimination with regards to childcare, since this would confirm a patriarchal role pattern. However, a recent legislative change introducing ‘paternity’ as a protected ground might cast doubt on the relevance of this ruling for the future.


Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels.
Case Law

2020/1 EELC’s review of the year 2019

Tijdschrift European Employment Law Cases, Aflevering 1 2020
Auteurs Ruben Houweling, Daiva Petrylaitė, Peter Schöffmann e.a.
Samenvatting

    Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Daiva Petrylaitė

Peter Schöffmann

Attila Kun

Francesca Maffei

Jean-Philippe Lhernould

Niklas Bruun

Jan-Pieter Vos

Luca Ratti

Anthony Kerr

Petr Hůrka

Michal Vrajík
Case Reports

2019/5 For how long may data of a job applicant be stored? (AT)

Tijdschrift European Employment Law Cases, Aflevering 1 2019
Trefwoorden Privacy, Discrimination, General
Auteurs Sophie Mantler en Andreas Tinhofer
SamenvattingAuteursinformatie

    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.


Sophie Mantler
Sophie Mantler is a senior associate and

Andreas Tinhofer
Andreas Tinhofer is a partner at MOSATI Rechtsanwälte in Vienna (www.mosati.at).

    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.


Andreas Tinhofer
Andreas Tinhofer is a partner at MOSATI Rechtsanwälte, www.mosati.at.
Case Reports

2017/43 Mobility of employees and entitlement to annual leave (AU)

Tijdschrift European Employment Law Cases, Aflevering 4 2017
Trefwoorden Nationality discrimination
Auteurs Peter C. Schöffmann en Andreas Tinhofer
SamenvattingAuteursinformatie

    Under Austrian law employees are entitled to more annual leave if they have worked for at least 25 years for the same employer. Employment with other employers is taken into account, but not for more than a total of five years. The ECJ will have to decide whether this limitation complies with EU law or whether it unlawfully restricts the freedom of movement of employees.


Peter C. Schöffmann
Peter C. Schöffmann is an associate at MOSATI Rechtsanwälte (www.mosati.at).

Andreas Tinhofer
Andreas Tinhofer is a partner at MOSATI Rechtsanwälte (www.mosati.at).

    This decision of the German Federal Labour Court (‘Bundesarbeitsgericht’, or ‘BAG’) concerns what happens to leave entitlement if the employment contract is amended in the middle of the year and the number of working days changes from a four-day week to a five-day week.


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

2017/1 Early retirement pension cannot justify age discrimination (AU)

Tijdschrift European Employment Law Cases, Aflevering 1 2017
Trefwoorden Age discrimination
Auteurs Peter C. Schöffmann en Andreas Tinhofer
SamenvattingAuteursinformatie

    The Austrian Supreme Court has held that the selection of employees for redundancy because of their entitlement to an early retirement pension constitutes unfair dismissal on grounds of direct age discrimination. Although it was accepted that individual employers (here the Austrian Broadcasting Corporation) can pursue a legitimate aim within the meaning of Article 6(1) of Directive 2000/78/EC, the means to achieve that aim were not considered appropriate and necessary. The Court stressed that a balance must be struck between the interests of older and younger employees, taking into account that it is generally easier for younger employees to find a new job. In the case at hand, however, the employer had not managed to show that its redundancy selection programme met that requirement.


Peter C. Schöffmann
Peter C. Schöffmann and Andreas Tinhofer are respectively an associate and partner at MOSATI Rechtsanwälte, www.mosati.at.

Andreas Tinhofer
Peter C. Schöffmann and Andreas Tinhofer are respectively an associate and partner at MOSATI Rechtsanwälte, www.mosati.at.
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