EELA Updates

Case report

2017-07-01

France

2017/17 No legal protection against termination for a pregnant employee who does not hold a valid work permit (FR)

A pregnant employee with no valid work permit in France does not benefit from protective legal provisions forbidding or restraining her termination.

Cour de cassation (French Supreme Court), 2017-03-15

Case report

2017-07-01

Portugal

2017/20 Data gathered by GPS as a basis for disciplinary dismissal (PT)

Distance-related data gathered by GPS and data reported manually by the employee (a sales representative at a pharmaceutical company) are valid and admissible sources of evidence in the context of a disciplinary dismissal procedure. This decision is innovative in that it contradicts the usual view of the Supreme Court of Justice on the scope of ‘distance-controlled supervision’ for the purposes of assessment of employee conduct.

Tribunal da Relação de Guimarães (Guimarães Court of Appeal), 2016-03-03

Summary

2017-07-01

2017/20 Data gathered by GPS as a basis for disciplinary dismissal (PT)

Distance-related data gathered by GPS and data reported manually by the employee (a sales representative at a pharmaceutical company) are valid and admissible sources of evidence in the context of a disciplinary dismissal procedure. This decision is innovative in that it contradicts the usual view of the Supreme Court of Justice on the scope of ‘distance-controlled supervision’ for the purposes of assessment of employee conduct.

Tribunal da Relação de Guimarães (Guimarães Court of Appeal), 2016-03-03

Summary

2017-07-01

2017/17 No legal protection against termination for a pregnant employee who does not hold a valid work permit (FR)

A pregnant employee with no valid work permit in France does not benefit from protective legal provisions forbidding or restraining her termination.

Cour de cassation (French Supreme Court), 2017-03-15

Case report

2017-07-01

Greece

2017/22 Use of ex-employee’s emails and files found on company PC admissible (GR)

The Supreme Court ruled that evidence of wrongdoing obtained by a company against two former executives was admissible in court, as it was legitimate that the company should have the opportunity to defend its right to free competition. In such cases, the executives’ right to privacy of communication should be balanced against the company’s freedom of competition.

Aρειος Πάγος (Supreme Court), 2017-02-16

Summary

2017-07-01

2017/22 Use of ex-employee’s emails and files found on company PC admissible (GR)

The Supreme Court ruled that evidence of wrongdoing obtained by a company against two former executives was admissible in court, as it was legitimate that the company should have the opportunity to defend its right to free competition. In such cases, the executives’ right to privacy of communication should be balanced against the company’s freedom of competition.

Aρειος Πάγος (Supreme Court), 2017-02-16

Case report

2017-07-01

Slovakia

2017/21 Legal rules for employers for monitoring employees in Slovakia (SK)

An employer can monitor an employee’s emails provided it has made it clear beforehand that it might do so. It is permissible for the employer to prohibit employees from using its electronical equipment for private use, but if the employer is going to check whether this rule was being complied with, it needs to have a significant reason to do so and must respect the principles of legality legitimacy and proportionality.

Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic), 2017-04-12

Summary

2017-07-01

2017/21 Legal rules for employers for monitoring employees in Slovakia (SK)

An employer can monitor an employee’s emails provided it has made it clear beforehand that it might do so. It is permissible for the employer to prohibit employees from using its electronical equipment for private use, but if the employer is going to check whether this rule was being complied with, it needs to have a significant reason to do so and must respect the principles of legality legitimacy and proportionality.

Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic), 2017-04-12

Case report

2016-12-01

Germany

2016/60 Special protection for disabled employees against termination of employment – international apsects (GE)

An employee may bring a claim for invalid termination before the German Labour courts, irrespective of the law governing the employment relationship. In Germany, it is only possible for an employer to dismiss a severely disabled person if the competent state authority grants a permit enabling it to do so. However, this requirement is limited to those with employment agreements under German Law.

Bundesarbeitsgericht (Federal Labour Court), 2015-10-22

Summary

2016-12-01

2016/60 Special protection for disabled employees against termination of employment – international apsects (GE)

An employee may bring a claim for invalid termination before the German Labour courts, irrespective of the law governing the employment relationship. In Germany, it is only possible for an employer to dismiss a severely disabled person if the competent state authority grants a permit enabling it to do so. However, this requirement is limited to those with employment agreements under German Law.

Bundesarbeitsgericht (Federal Labour Court), 2015-10-22