ECJ 19 December 2012, case C-577/10 (European Commission – v – Belgium supported by Denmark), Miscellaneous, Freedom of service provision

2014/25 Employer liable for invalid collective agreement (SK)

A collective agreement concluded with a works council entitled redundant employees to certain benefits. An employee claimed those benefits. In response, the employer argued that the collective agreement was non-existent, having been concluded on behalf of the employer by an internal unit that lacked legal capacity. The Slovak Labour Code provides that an employer cannot invoke the invalidity of a ‘legal act’ to the detriment of an employee unless the employee caused the invalidity himself. The issue in this case was whether the conclusion of a collective agreement qualified as a ‘legal act’ and whether an employee was eligible for damages for loss incurred due to a collective agreement being invalid. The answer was yes.

2014/25 Employer liable for invalid collective agreement (SK)

A collective agreement concluded with a works council entitled redundant employees to certain benefits. An employee claimed those benefits. In response, the employer argued that the collective agreement was non-existent, having been concluded on behalf of the employer by an internal unit that lacked legal capacity. The Slovak Labour Code provides that an employer cannot invoke the invalidity of a ‘legal act’ to the detriment of an employee unless the employee caused the invalidity himself. The issue in this case was whether the conclusion of a collective agreement qualified as a ‘legal act’ and whether an employee was eligible for damages for loss incurred due to a collective agreement being invalid. The answer was yes.

2012/58 Employer cannot assign claim against employee to third party (CZ)

An employer may not and cannot assign to a third party a claim it has against one of its employees. This prohibition does not apply to a member of the Board of Directors of a joint stock company, as he or she lacks the status of an employee.

2012/58 Employer cannot assign claim against employee to third party (CZ)

An employer may not and cannot assign to a third party a claim it has against one of its employees. This prohibition does not apply to a member of the Board of Directors of a joint stock company, as he or she lacks the status of an employee.

2012/59 A foreign-national is denied protection under Irish employment legislation on the basis that his employment was unlawful, as he did not have a work permit (IR)

In this case, the High Court, on appeal by the employer, quashed a € 92,000 award made by the Labour Court to a foreign national in relation to employment law breaches because his employment was unlawful, as he did not have a work permit.

2012/59 A foreign-national is denied protection under Irish employment legislation on the basis that his employment was unlawful, as he did not have a work permit (IR)

In this case, the High Court, on appeal by the employer, quashed a € 92,000 award made by the Labour Court to a foreign national in relation to employment law breaches because his employment was unlawful, as he did not have a work permit.

2012/52 Investment fund to compensate employees for mismanagement (FR)

This judgment offers a further illustration of the different actions that employees of French companies in financial difficulties can take against their employers’ shareholders. Not only can employees who have been laid off bring a claim, their non-redundant colleagues can claim compensation for moral damages suffered as a result of restructuring.

2012/52 Investment fund to compensate employees for mismanagement (FR)

This judgment offers a further illustration of the different actions that employees of French companies in financial difficulties can take against their employers’ shareholders. Not only can employees who have been laid off bring a claim, their non-redundant colleagues can claim compensation for moral damages suffered as a result of restructuring.

2015/54 From which date does interest start to run on wages owed following invalid dismissal? (SK)

The Slovak Labour Code is silent on interest for late payment of wage compensation in the event an employment contract is terminated invalidly. The Civil Code provides that interest is owed in the event of late payment, but whether the relevant provisions of Civil Code apply to employment relationships is disputed. This has led to heated debate amongst Slovak scholars and to contrasting judgments (including between the Supreme Court and the Constitutional Court) on the date from which to calculate interest. Does the interest accumulate from the end of each month on which salary  should have been paid or does it not begin to accumulate until the court has ordered the employer to pay compensation?