ECJ 26 March 2019, case C-621/16 P (Commission / Italy), discrimination, other forms of discrimination

European Commission – v – Italian Republic, EU Case

ECJ 26 March 2019, case C-621/16 P (Commission / Italy), discrimination, other forms of discrimination

European Commission – v – Italian Republic, EU Case

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.

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 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-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.

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.