Zoekresultaat: 110 artikelen

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    In a surprise decision, with potentially wide-ranging ramifications, an Employment Tribunal (ET) has found that ‘workers’ as well as traditional ‘employees’ are covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).


Colin Leckey
Colin Leckey is a Partner at Lewis Silkin LLP.
Rulings

ECJ 26 March 2020, Case C-344/18 (ISS Facility Services), Transfer of undertakings, transfer, employment terms

ISS Facility Services NV – v – Sonia Govaerts and Atalian NV (formerly Euroclean NV), Belgian case

Tijdschrift European Employment Law Cases, Aflevering 1 2020
Trefwoorden Transfer of undertakings, Employment terms, Transfer
Samenvatting

    In case of a transfer of undertaking involving multiple transferees, the rights and obligations arising from an employment contract may be divided between various transferees, if this is possible. If not (or if it is to the detriment of the employee), the transferees would be regarded as being responsible for any consequent termination under Article 4 of Directive 2001/23, even if this were to be initiated by the worker.

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

    Relying on the prohibition of age discrimination stemming from Directive 2000/78, the Brussels Labour Tribunal, in a judgment of 28 November 2019, ruled that an age limit of 25 for the recruitment of air traffic controllers constituted direct discrimination. Its decision was grounded on the fact that even if there are objective reasons related to air traffic safety which may justify setting an age limit for applicants, the employer must adduce concrete evidence based on scientific facts.


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

ECJ 27 February 2020, case C-298/18 (Grafe and Pohle), Transfer of Undertakings

Reiner Grafe and Jürgen Pohle – v – Südbrandenburger Nahverkehrs GmbH and OSL Bus GmbH, German case

Tijdschrift European Employment Law Cases, Aflevering 1 2020
Trefwoorden Transfer of undertakings
Samenvatting

    In the context of a takeover of an activity which requires substantial operating resources, not transferring the substantial operating resources cannot necessarily preclude the classification as a transfer of an undertaking, since other factual circumstances make it possible to establish that the identity of the economic entity has been retained.

Article

Access_open Access and Reuse of Machine-Generated Data for Scientific Research

Tijdschrift Erasmus Law Review, Aflevering 2 2019
Trefwoorden machine-generated data, Internet of Things, scientific research, personal data, GDPR
Auteurs Alexandra Giannopoulou
SamenvattingAuteursinformatie

    Data driven innovation holds the potential in transforming current business and knowledge discovery models. For this reason, data sharing has become one of the central points of interest for the European Commission towards the creation of a Digital Single Market. The value of automatically generated data, which are collected by Internet-connected objects (IoT), is increasing: from smart houses to wearables, machine-generated data hold significant potential for growth, learning, and problem solving. Facilitating researchers in order to provide access to these types of data implies not only the articulation of existing legal obstacles and of proposed legal solutions but also the understanding of the incentives that motivate the sharing of the data in question. What are the legal tools that researchers can use to gain access and reuse rights in the context of their research?


Alexandra Giannopoulou
Institute for Information Law (IViR) – University of Amsterdam.
Case Reports

2019/47 Transfer of undertakings does not include temporary agency workers (AT)

Tijdschrift European Employment Law Cases, Aflevering 4 2019
Trefwoorden Transfer of undertakings, Transfer, Employees who transfer/refuse to transfer
Auteurs Thomas B. Pfalz
SamenvattingAuteursinformatie

    In a series of rulings the Austrian Supreme Court has made it clear that temporary agency workers are transferred to the transferee only if they are assigned to the transferor on a permanent basis. According to the Court, the facts of the cases at hand are not comparable to those of the ECJ ruling in Albron Catering BV (C-242/09). Hence the temporary agency workers remain with their original employer. However, some aspects of the Court’s reasoning seem unclear if not contradictory with regard to other recent judgments.


Thomas B. Pfalz
Thomas B. Pfalz is a Senior Scientist at the Institute for Law at the University of Klagenfurt.

    The Supreme Court found that the Court of Appeal did not properly examine whether the difference of treatment of employees based on a social plan may be justified.


Ioana Cazacu
Ioana Cazacu is Managing Associate with POPOVICI NIŢU STOICA & ASOCIAŢII, Bucharest, Romania.
Pending Cases

Case C-314/19, Transfer of undertakings

R.C.C. – v – M.O.L., reference lodged by the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) on 16 April 2019

Tijdschrift European Employment Law Cases, Aflevering 3 2019
Trefwoorden Transfer of undertakings
Samenvatting

    The Italian Court of Cassation has interpreted a new provision referring to the obligations of the new service provider towards the employees of the former provider.


Caterina Rucci
Caterina Rucci is founding partner of Katariina’s Gild.
Pending Cases

Case C-344/18, Transfer of Undertakings

ISS Facility Services NV – v – Sonia Govaerts, Euroclean NV, reference lodged by the Arbeidshof Gent (Belgium) on 25 May 2018

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Rulings

ECJ 13 June 2019, case C-664/17 (Ellinika Nafpigeia), Transfer of Undertakings, Transfer

Ellinika Nafpigeia AE – v – Panagiotis Anagnostopoulos and Others, Greek case

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Trefwoorden Transfer of Undertakings, Transfer
Samenvatting

Landmark Rulings

ECJ 14 May 2019, case C-509/17 (Plessers), Transfer of Undertakings, Dismissal/Severance payment

Christa Plessers – v – Prefaco NV, Belgische Staat, Belgian case

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Trefwoorden Transfer of undertakings, Dismissal/severance payment
Samenvatting

Pending Cases

Case C-675/18, Transfer of Undertakings, Pension

FL – v – TMD Friction EsCo GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 30 October 2018

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Pending Cases

Case C-674/18, Transfer of Undertakings, Pension

EM – v – TMD Friction GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 30 October 2018

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Rulings

ECJ 13 June 2019, case C-317/18 (Correia Moreira), Transfer of Undertakings, Employees who Transfer/Refuse to Transfer, Employment Terms

Cátia Correia Moreira – v – Município de Portimão, Portuguese case

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Trefwoorden Transfer of Undertakings, Employees who transfer/refuse to transfer, Employment terms
Samenvatting

Case Reports

2019/21 Supreme Court rules on liability distribution between transferor and transferee (FI)

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Trefwoorden Transfer of Undertakings, Dismissal/Severance Payment
Auteurs Janne Nurminen
SamenvattingAuteursinformatie

    A municipal federation took back a nursing home operation it had previously outsourced to a contractor. The Finnish Supreme Court held that a transfer of undertaking had taken place and the municipal federation (transferee) was liable to pay the employee compensation for the unlawful termination of the employment contract. Further, the Supreme Court held that the employee had also without a justifiable reason directed the claim for compensation towards the employer company (transferor/the old contractor) and for that reason was liable to pay the legal costs of the employer company.


Janne Nurminen
Janne Nurminen is a Senior Associate with Roschier, Attorneys Ltd in Helsinki, www.roschier.com.
Rulings

ECJ 8 May 2019, case C-486/18 (Dodic), Transfer of Undertakings, Transfer

Jadran Dodic – v – Banka Koper, Alta Invest, Slovenian case

Tijdschrift European Employment Law Cases, Aflevering 2 2019
Trefwoorden Transfer of Undertakings, Transfer
Samenvatting

    The Finnish Supreme Court held that a transfer of undertaking had taken place in a situation where no contract of transfer was concluded.


Janne Nurminen
Janne Nurminen is a Senior Associate with Roschier, Attorneys Ltd in Helsinki, www.roschier.com
Case Reports

2019/9 The right to object against a transfer in case of incorrect information is not unlimited (GE)

Tijdschrift European Employment Law Cases, Aflevering 1 2019
Trefwoorden Transfer of undertaking, Employees who transfer/refuse to transfer
Auteurs Nina Stephan
SamenvattingAuteursinformatie

    According to German law, every employee has the right to object to the transfer of their employment relationship to the transferee in the case of a transfer of business. However, the right to object is not unlimited. The Federal Labour Court (Bundesarbeitsgericht (‘BAG’)) held that an employee who had worked for the transferee for seven years had lost this right if they had been informed about the transfer.


Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltgesellschaft mbH
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