Zoekresultaat: 46 artikelen

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    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.
Pending Cases

Case C-463/19, Gender discrimination

Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle – v – Caisse primaire d’assurance maladie de Moselle, reference lodged by the Conseil de prud’hommes de Metz (France) on 18 June 2019

Tijdschrift European Employment Law Cases, Aflevering 4 2019
Trefwoorden Gender discrimination
Case Reports

2019/43 Dismissal after childbirth-related leave (DK)

Tijdschrift European Employment Law Cases, Aflevering 4 2019
Trefwoorden Gender discrimination
Auteurs Christian K. Clasen
SamenvattingAuteursinformatie

    The Danish Western High Court has ruled that the dismissal of an employee shortly after returning from childbirth-related leave did not constitute discrimination within the meaning of the Danish Act on Equal Treatment of Men and Women.


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

Tijdschrift European Employment Law Cases, Aflevering 4 2019
Trefwoorden Maternity and parental leave
Samenvatting

    In two appeal cases considered jointly, the Court of Appeal (CA) has ruled that it is not direct or indirect sex discrimination, nor a breach of equal pay rights, to provide enhanced pay for maternity leave and statutory pay only for shared parental leave (SPL).


Richard Lister
Richard Lister is a Managing Practice Development Lawyer at Lewis Silkin LLP.
Case Reports

2019/34 Reduction of annual leave during parental leave is lawful (GE)

Tijdschrift European Employment Law Cases, Aflevering 3 2019
Trefwoorden Maternity and parental leave
Auteurs Nina Stephan en David Meyer
SamenvattingAuteursinformatie

    The Higher Labour Court of Berlin-Brandenburg (Landesarbeitsgericht (LAG)) has held that the pro rata reduction of annual leave depending on the period of parental leave is lawful. In general, statutory holiday entitlement also exists for the period of parental leave. However, the employer has the right to reduce leave pro rata for each full month of parental leave according to Section 17 paragraph 1 sentence 1 of the Federal Parental Allowances and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz (BEEG)). The proportional reduction is in line with European law.


Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

David Meyer
David Meyer is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
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

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Pending Cases

Case C-366/18, Maternity and Parental Leave

José Manuel Ortiz Mesonero – v – Unión Temporal de Empresas Luz Madrid Centro, reference lodged by the Juzgado de lo Social de Madrid (Spain) on 5 June 2018

Tijdschrift European Employment Law Cases, Aflevering 2 2019

    Austrian courts have to deal with an increasing number of cases concerning dismissal on grounds of (alleged) discrimination. The particular challenge is to a draw a conclusive distinction between the concepts of disability and sickness.


Peter C. Schöffmann
Peter C. Schöffmann is a teaching and research associate at the Institute for Austrian and European Labour Law and Social Security Law at Vienna University of Economics and Business, www.wu.ac.at/en/ars.
Rulings

ECJ 8 May 2019, case C-486/18 (Praxair MRC), Gender Discrimination, Maternity and Parental Leave

RE – v – Praxair MRC SAS, French case

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Trefwoorden Gender Discrimination, Maternity and Parental Leave
Samenvatting

    According to the Labour Court of Mons, calculating the termination indemnity of a worker based on the reduced remuneration paid during a career break called ‘time-credit’ is compatible with EU law, despite the Meerts judgment regarding parental leave.


Dr. Gautier Busschaert
Dr. Gautier Busschaert is attorney at Van Olmen & Wynant in Brussels, www.vow.be.
Law Review

2019/1 EELC’s review of the year 2018

Tijdschrift European Employment Law Cases, Aflevering 1 2019
Auteurs Ruben Houweling, Catherine Barnard, Filip Dorssemont e.a.
Samenvatting

    For the second time, various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Catherine Barnard

Filip Dorssemont

Jean-Philippe Lhernould

Francesca Maffei

Niklas Bruun

Anthony Kerr

Jan-Pieter Vos

Luca Ratti

Daiva Petrylaite

Andrej Poruban

Stein Evju

    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.


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

ECJ 4 October 2018, case C-12/17 (Dicu), Maternity and parental leave, Paid leave

Tribunalul Botoşani, Ministerul Justiţiei – v – Maria Dicu, Romanian case

Tijdschrift European Employment Law Cases, Aflevering 4 2018
Trefwoorden Maternity and parental leave, Paid leave
Samenvatting

    A period of parental leave does not count within the reference period for the purpose of determining an employee’s right to annual leave under Directive 2003/88/EC.

    Two differently constituted Employment Appeal Tribunals (‘EATs’) have recently considered whether it is sex discrimination to pay men on parental leave less than women on maternity leave. In Capita, the EAT decided that it was not direct sex discrimination to fail to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay. However in Hextall, the EAT has indicated that enhancing maternity pay but not pay for shared parental leave may give rise to an indirect sex discrimination claim by fathers.


Ludivine Gegaden
Ludivine Gegaden is a Trainee Solicitor at Lewis Silkin LLP.
Rulings

ECJ 19 September 2018, case C-41/17 (González Castro), Gender discrimination, working time

Isabel González Castro – v – Mutua Umivale, ProsegurEspaña SL, Instituto Nacional de la Seguridad Social (INSS), Spanish case

Tijdschrift European Employment Law Cases, Aflevering 3 2018
Trefwoorden Gender discrimination, Working time
Samenvatting

    Even if a breastfeeding worker only works for part of her shift at night, the rules on the health and safety of pregnant and breastfeeding workers and those having recently given birth set out in Directive 92/85 apply, meaning that an assessment of her individual situation is necessary. If the worker brings a claim before the court, once she has provided a prima facie case of discrimination, the burden of proof switches to the employer. In other words, reversal of the burden of proof is also applicable to Article 7 (night work) of Directive 92/85/EEC.

    The Labour Court of Brussels ordered an employer to pay a protection indemnity to an employee following termination on the basis of reorganisation during her pregnancy because (i) the employee benefited from a specific protection against dismissal and (ii) the employer failed to prove that the dismissal of the employee was based on reasons unrelated to the pregnancy.


Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels.
ECJ Court Watch

EJC 7 September 2017, case C-174/16 (H), Maternity and parental leave, Gender discrimination

H. – v – Land Berlin, German case

Tijdschrift European Employment Law Cases, Aflevering 1 2018
Trefwoorden Maternity and parental leave, Discrimination, Gender discrimination
Samenvatting

    Clause 5(1) and (2) of the revised Framework Agreement on parental leave precludes rules of national law which make promotion conditional on having successfully completed a probation, if probation has not taken place because of parental leave.

Law Review

Access_open 2018/1 EELC’s review of the year 2017

Tijdschrift European Employment Law Cases, Aflevering 1 2018
Auteurs Ruben Houweling, Catherine Barnard, Zef Even e.a.
Samenvatting

    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.


Ruben Houweling

Catherine Barnard

Zef Even

Amber Zwanenburg

Daiva Petrylaitė

Petr Hůrka

Jean-Philippe Lhernould

Erika Kovács

Jan-Pieter Vos

Andrej Poruban

Luca Ratti

Niklas Bruun

Francesca Maffei
ECJ Court Watch

ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundancies

Jessica Porras Guisado – v – Bankia SA and Others, Spanish case

Tijdschrift European Employment Law Cases, Aflevering 1 2018
Trefwoorden Unfair dismissal, Collective redundancies
Samenvatting

    Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy.

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