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Case report

2010-03-10

France

2011/2: What happens to the contract of an employee who works only partially for the transferred business? (FR)

When the application of Article L. 1224-1 of the Labour Code results in a change of the employment contract for the transferred employee, other than a change of employer, he or she is entitled to object to such a change. It is then the transferee’s duty, if it cannot maintain the employee’s previous working terms and conditions, to either formulate new proposals, or if the employee refuses to accept those proposals, initiate a dismissal proceeding. Failing to do so will entitle the employee to file for the judicial termination of his or her employment contract, which will have the same consequences as a dismissal without real and serious cause.

Cour de cassation (French Supreme Court), 2010-03-10

Summary

2010-03-10

2011/2: What happens to the contract of an employee who works only partially for the transferred business? (FR)

When the application of Article L. 1224-1 of the Labour Code results in a change of the employment contract for the transferred employee, other than a change of employer, he or she is entitled to object to such a change. It is then the transferee’s duty, if it cannot maintain the employee’s previous working terms and conditions, to either formulate new proposals, or if the employee refuses to accept those proposals, initiate a dismissal proceeding. Failing to do so will entitle the employee to file for the judicial termination of his or her employment contract, which will have the same consequences as a dismissal without real and serious cause.

Cour de cassation (French Supreme Court), 2010-03-10

Case report

2009-12-16

Denmark

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

Summary

2009-12-16

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

Case report

2009-09-28

Belgium

2010/38: EWC representative protected despite losing membership of domestic works council (BE)

The dismissal protection of an EWC employee representative does not end upon ceasing to be a member of the domestic works council.

Labour Court of Antwerp, 2009-09-28

Summary

2009-09-28

2010/38: EWC representative protected despite losing membership of domestic works council (BE)

The dismissal protection of an EWC employee representative does not end upon ceasing to be a member of the domestic works council.

Labour Court of Antwerp, 2009-09-28

Court watch

2009-09-15

ECJ 15 September 2001, case C-386/09 (Johnny Briot – v – Randstad Interim, Sodexho SA and Council of the European Union), Unfair dismissal, employees who transfer/refuse to transfer

Mr Briot was employed by a temporary employment agency, Randstad. It assigned him to work in the restaurant of the EU Council in Brussels. Although he had performed this work since 1998, his temporary contract was not extended when it expired pursuant to Belgian law on 20 December 2002. This was a mere 11 days before 1 January 2003, the date on which the Council terminated its contract with Randstad and awarded the contract for running its restaurant to a catering company, Sodexho.

European Court of Justice (ECJ), 2009-09-15

Summary

2009-09-15

ECJ 15 September 2001, case C-386/09 (Johnny Briot – v – Randstad Interim, Sodexho SA and Council of the European Union), Unfair dismissal, employees who transfer/refuse to transfer

Mr Briot was employed by a temporary employment agency, Randstad. It assigned him to work in the restaurant of the EU Council in Brussels. Although he had performed this work since 1998, his temporary contract was not extended when it expired pursuant to Belgian law on 20 December 2002. This was a mere 11 days before 1 January 2003, the date on which the Council terminated its contract with Randstad and awarded the contract for running its restaurant to a catering company, Sodexho.

European Court of Justice (ECJ), 2009-09-15

Case report

2009-03-18

Spain

2010/39: How to define "establishment" in collective redundancy directive (SP)

What is an establishment in the meaning of Directive 98/59 on collective redundancies? 

Tribunal Supremo de España (Spanish Supreme Court), 2009-03-18

Summary

2009-03-18

2010/39: How to define "establishment" in collective redundancy directive (SP)

What is an establishment in the meaning of Directive 98/59 on collective redundancies? 

Tribunal Supremo de España (Spanish Supreme Court), 2009-03-18