EELA Updates

Court watch

2016-12-01

ECJ 14 September 2016, case C-596/14 (De Diego Porras), Fixed-term work

Fixed-term workers must be paid the same severance compensation as comparable permanent workers.

European Court of Justice (ECJ), 2016-09-14

Summary

2016-12-01

ECJ 14 September 2016, joined cases C-184/15 (Martínez Andrés) and C-197/15 (Castrejana López), Fixed-term work

The penalty for abuse of successive fixed-term contracts must be available to all victims of such abuse, including those employed under administrative, rather than employment, law. National law may not require a victim to bring a new action before a different court in order to determine the penalty.

European Court of Justice (ECJ), 2016-09-14

Summary

2016-12-01

ECJ 14 September 2016, case C-596/14 (De Diego Porras), Fixed-term work

Fixed-term workers must be paid the same severance compensation as comparable permanent workers.

European Court of Justice (ECJ), 2016-09-14

Court watch

2016-12-01

ECJ 21 September 2016, case C-614/15 (Popescu), Fixed-term employment

The fact that veterinary health inspections are non-permanent in nature does not justify successive fixed-term contracts unless the renewal of those contracts is in fact aimed at covering a specific need in the relevant sector, without the underlying reason being budgetary considerations.

European Court of Justice (ECJ), 2016-09-21

Summary

2016-12-01

ECJ 21 September 2016, case C-614/15 (Popescu), Fixed-term employment

The fact that veterinary health inspections are non-permanent in nature does not justify successive fixed-term contracts unless the renewal of those contracts is in fact aimed at covering a specific need in the relevant sector, without the underlying reason being budgetary considerations.

European Court of Justice (ECJ), 2016-09-21

Court watch

2016-12-01

ECJ 14 September 2016, case C-16/15 (Pérez López), Fixed-term work

Successive fixed-term contracts cannot be justified by legal provisions allowing renewal in order to ensure the provision of certain services of a temporary, auxiliary or extraordinary nature when, in reality, there is no obligation to create additional permanent posts in order to bring an end to the structural use of fixed-term work to fill permanent posts.

European Court of Justice (ECJ), 2016-09-14

Court watch

2016-12-01

ECJ 21 September 2016, case C-631/15 (Alvarez Santirso), Fixed-term employment

Spanish law which reserves participation in evaluation plans for teachers contravenes Directive 1999/70.

European Court of Justice (ECJ), 2016-09-21

Summary

2016-12-01

ECJ 14 September 2016, case C-16/15 (Pérez López), Fixed-term work

Successive fixed-term contracts cannot be justified by legal provisions allowing renewal in order to ensure the provision of certain services of a temporary, auxiliary or extraordinary nature when, in reality, there is no obligation to create additional permanent posts in order to bring an end to the structural use of fixed-term work to fill permanent posts.

European Court of Justice (ECJ), 2016-09-14

Summary

2016-12-01

ECJ 21 September 2016, case C-631/15 (Alvarez Santirso), Fixed-term employment

Spanish law which reserves participation in evaluation plans for teachers contravenes Directive 1999/70.

European Court of Justice (ECJ), 2016-09-21

Case report

2016-10-01

Cyprus

2016/42 Court finds fixed-term employee eligible for contract of indefinite duration (CY)

Where an employee’s working time exceeds the 30 months prescribed by law, a fixed term contract will be converted into an indefinite term contract.

Court of Industrial Disputes, 2016-04-15