Welcome to the EELA EELC Updates, an online database of judgments of national courts, the European Court of Justice and the European Court of Human Rights in the field of employment law. In addition to case law, we also bring you the occasional articles and news items. For more information, please click here.
6 May 2020
ECJ 30 April 2020, Joined Cases C-168/19 and C-169/19 (Istituto nazionale della previdenza sociale), Pension, Other forms of discriminationHB - v - Istituto nazionale della previdenza sociale (INPS) (C-168/19); IC - v - Istituto nazionale della previdenza sociale (INPS) (C-169/19), Italian case
12 March 2020
2020/6 Supreme Court judgment on the concept of comparable permanent employees (DK)In a recent case on fixed-term employment, the Danish Supreme Court addressed the question of what constitutes a comparable permanent employee. The Supreme Court ruled that four employees, who worked in a government agency, were not comparable with the agency’s permanent employees and for this reason they had not been discriminated against on the grounds of their fixed-term contracts.
2018/28 The right to equal pay for temporary agency workers includes travel time allowances (NO)Directive 2008/104/EC (Temporary Agency Work Directive) is implemented by means of the Norwegian Working Environment Act and provides for equal pay between regular workers and temporary agency workers. The Supreme Court has held that, in domestic law, the concept of ‘pay’ includes allowances for travel time and therefore a temporary agency worker was entitled to the same allowance as his permanent colleagues.
ECJ 20 September 2018, C-466/17 (Motter), Fixed-term work, other forms of discrimination
Chiara Motter – v – Provincia autonoma di Trento, Italian case
A system, as exists in Italy, that only-partially counts service under fixed-term contracts for the purpose of classifying staff in grades, is compatible with the Framework Agreement on fixed-term work, as there was an objective justification.
ECJ 20 December 2017, case C-158/16 (Vega González), Fixed-term work, Other forms of discrimination
A fixed-term worker elected to a parliamentary role must be able to benefit from the same special leave granted to a permanent civil servant, to enable them to hold a public office.
ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundancies
Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy.