EELA Updates

Case report

2014-12-18

Norway

2014/52 Transferee may reduce salaries to the level of its collective agreement (NO)

The Court of the European Free Trade Association (EFTA) has ruled that a reduction in salary following the transfer of an undertaking based on the terms of the collective bargaining agreement that applies to the transferee, does not violate the Acquired Rights Directive (2001/23/EC). The court rejected the employees’ argument that the ECJ’s ruling in the Scattolon case (C-108/10, summarised in EELC 2011-3) precludes the transferee from applying a collective bargaining agreement with lower pay, even after expiry of the transferor’s collective bargaining agreement with higher pay.

EFTA Court, 2014-12-18

Summary

2014-12-18

2014/52 Transferee may reduce salaries to the level of its collective agreement (NO)

The Court of the European Free Trade Association (EFTA) has ruled that a reduction in salary following the transfer of an undertaking based on the terms of the collective bargaining agreement that applies to the transferee, does not violate the Acquired Rights Directive (2001/23/EC). The court rejected the employees’ argument that the ECJ’s ruling in the Scattolon case (C-108/10, summarised in EELC 2011-3) precludes the transferee from applying a collective bargaining agreement with lower pay, even after expiry of the transferor’s collective bargaining agreement with higher pay.

EFTA Court, 2014-12-18

Case report

2013-03-25

Malta

2013/34 When does time start running for claiming unfair dismissal following a transfer of undertaking? (MT)

The plaintiff brought a claim for unfair dismissal following a transfer of undertaking in which he alleged his terms and conditions had worsened. The transferor argued he was out of time in bringing the claim, but the court held he was in time and allowed the case to continue.

Industrial Tribunal of Malta, 2013-03-25

Summary

2013-03-25

2013/34 When does time start running for claiming unfair dismissal following a transfer of undertaking? (MT)

The plaintiff brought a claim for unfair dismissal following a transfer of undertaking in which he alleged his terms and conditions had worsened. The transferor argued he was out of time in bringing the claim, but the court held he was in time and allowed the case to continue.

Industrial Tribunal of Malta, 2013-03-25

Case report

2010-02-24

Czech Republic

2010/56: Claim for invalid dismissal crosses over to transferee (CZ)

The rights and obligations of an employee who was dismissed invalidly prior to a transfer of undertaking cross over to the transferee. In this particular case, however, they remain with the transferor on account of a judicial error.

Nejvyšší soud (Czech Supreme Court), 2010-02-24

Summary

2010-02-24

2010/56: Claim for invalid dismissal crosses over to transferee (CZ)

The rights and obligations of an employee who was dismissed invalidly prior to a transfer of undertaking cross over to the transferee. In this particular case, however, they remain with the transferor on account of a judicial error.

Nejvyšší soud (Czech Supreme Court), 2010-02-24