EJC 7 September 2017, case C-174/16 (H), Maternity and parental leave, Gender discrimination

Clause 5(1) and (2) of the revised Framework Agreement on parental leave precludes rules of national law which make promotion conditional on having successfully completed a probation, if probation has not taken place because of parental leave.

ECJ 9 November 2017, C-306/16 (Maio), Working time and leave

The weekly rest period for workers laid down in Article 5 of Directive 2003/88 does not necessarily need to be granted on the day following six consecutive working days.

ECJ 9 November 2017, C-306/16 (Maio), Working time and leave

The weekly rest period for workers laid down in Article 5 of Directive 2003/88 does not necessarily need to be granted on the day following six consecutive working days.

2017/26 What is a collective agreement? (DK)

On 2 June 2017, the Danish Eastern High Court decided that a statutory intervention by government was sufficient to enable derogation from the Working Time Directive (2003/88). The Directive can be derogated from by a collective agreement and although the statutory intervention was not a collective agreement, the High Court found that it was not inconsistent with that requirement.

2017/26 What is a collective agreement? (DK)

On 2 June 2017, the Danish Eastern High Court decided that a statutory intervention by government was sufficient to enable derogation from the Working Time Directive (2003/88). The Directive can be derogated from by a collective agreement and although the statutory intervention was not a collective agreement, the High Court found that it was not inconsistent with that requirement.

ECJ 26 July 2017, case C-175/16 (Hälvä), Working time

Relief workers who look after children in a family environment for SOS-Lapsikyläry, so relieving the children’s foster carers, do not fall within the scope of the exception provided for in Article 17(1) of the Working Time Directive.

ECJ 26 July 2017, case C-175/16 (Hälvä), Working time

Relief workers who look after children in a family environment for SOS-Lapsikyläry, so relieving the children’s foster carers, do not fall within the scope of the exception provided for in Article 17(1) of the Working Time Directive.

2017/28 Failure to enhance parental leave pay to level of maternity pay held to be direct sex discrimination (UK)

It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET).

2017/38 What are the consequences for vacation entitlement where the number of working days changes during the year? (GE)

This decision of the German Federal Labour Court (‘Bundesarbeitsgericht’, or ‘BAG’) concerns what happens to leave entitlement if the employment contract is amended in the middle of the year and the number of working days changes from a four-day week to a five-day week.

Case C-12/17. Parental leave

Must Article 7 of Directive 2003/88/EC 1 be interpreted as precluding a provision of national law...