2018/31 Working as a 'relief parent' for a child protection association falls within the scope of the Working Time Directive and the Finnish Working Hours Act (FI)

In its follow-up judgment to the ECJ's preliminary ruling in the Hälvä case (C-175/16), the Finnish Supreme Court has held that 'relief parents' relieving foster parents in a child protection association on the latter's holidays fall within the scope of the Finnish Working Hours Act even though the work was performed in the homes provided by the association for the children to live in. Therefore, the relief parents were entitled to the rights guaranteed by the Act (subject to the fact that some of their claims had expired).

2018/31 Working as a 'relief parent' for a child protection association falls within the scope of the Working Time Directive and the Finnish Working Hours Act (FI)

In its follow-up judgment to the ECJ's preliminary ruling in the Hälvä case (C-175/16), the Finnish Supreme Court has held that 'relief parents' relieving foster parents in a child protection association on the latter's holidays fall within the scope of the Finnish Working Hours Act even though the work was performed in the homes provided by the association for the children to live in. Therefore, the relief parents were entitled to the rights guaranteed by the Act (subject to the fact that some of their claims had expired).

2018/33 Availability periods: working hours or rest periods? (PO)

The Oporto Court of Appeal held that the employee’s availability 24 hours per day, 6 days per week, breaches the employee’s right to rest. However, such breach does not qualify the availability periods as overtime. The Court also found that the continuous use of a GPS system breached the employee’s right to privacy.

2018/33 Availability periods: working hours or rest periods? (PO)

The Oporto Court of Appeal held that the employee’s availability 24 hours per day, 6 days per week, breaches the employee’s right to rest. However, such breach does not qualify the availability periods as overtime. The Court also found that the continuous use of a GPS system breached the employee’s right to privacy.

ECJ 19 September 2018, C-41/17 (González Castro), Gender discrimination, working time

Isabel González Castro – v – Mutua Umivale, ProsegurEspaña SL, Instituto Nacional de la Seguridad Social (INSS), Spanish case

Even if a breastfeeding worker only works for part of her shift at night, the rules on the health and safety of pregnant and breastfeeding workers and those having recently given birth set out in Directive 92/85 apply, meaning that an assessment of her individual situation is necessary. If the worker brings a claim before the court, once she has provided a prima facie case of discrimination, the burden of proof switches to the employer. In other words, reversal of the burden of proof is also applicable to Article 7 (night work) of Directive 92/85/EEC.

ECJ 19 September 2018, C-312/17 (Bedi), Collective agreements, disability discrimination

Surjit Singh Bedi – v – Bundesrepublik Deutschland, Bundesrepublik Deutschland in Prozessstandschaft für das Vereinigte Königreich von Großbritannien und Nordirland, German case

Bridging assistance paid to a worker who loses his or her job by reason of redundancy, but ceasing once the worker becomes eligible to receive retirement benefits, is discriminatory under Directive 2000/78 if this moment comes earlier for disabled than non-disabled workers.

ECJ 19 September 2018, C-41/17 (González Castro), Gender discrimination, working time

Isabel González Castro – v – Mutua Umivale, ProsegurEspaña SL, Instituto Nacional de la Seguridad Social (INSS), Spanish case

Even if a breastfeeding worker only works for part of her shift at night, the rules on the health and safety of pregnant and breastfeeding workers and those having recently given birth set out in Directive 92/85 apply, meaning that an assessment of her individual situation is necessary. If the worker brings a claim before the court, once she has provided a prima facie case of discrimination, the burden of proof switches to the employer. In other words, reversal of the burden of proof is also applicable to Article 7 (night work) of Directive 92/85/EEC.

ECJ 19 September 2018, C-312/17 (Bedi), Collective agreements, disability discrimination

Surjit Singh Bedi – v – Bundesrepublik Deutschland, Bundesrepublik Deutschland in Prozessstandschaft für das Vereinigte Königreich von Großbritannien und Nordirland, German case

Bridging assistance paid to a worker who loses his or her job by reason of redundancy, but ceasing once the worker becomes eligible to receive retirement benefits, is discriminatory under Directive 2000/78 if this moment comes earlier for disabled than non-disabled workers.

ECJ 20 December 2017, case C-102/16 (Vaditrans), Working time

Regulation 561/2006 prohibits lorry drivers from taking their regular weekly rest periods in a vehicle.

ECJ 20 December 2017, case C-102/16 (Vaditrans), Working time

Regulation 561/2006 prohibits lorry drivers from taking their regular weekly rest periods in a vehicle.