2018/21 Limitation on pre-transfer liabilities for transferee under CBA-led transfer deemed valid (SP)

The Spanish Supreme Court has again ruled on the highly controversial question of whether limitations to the liability of a transferee established in a collective bargaining agreement (‘CBA’) in the context of a CBA-led transfer are valid, or whether they contravene the Spanish implementation of the Acquired Rights Directive.

ECtHR 24 April 2018, application no. 56237/08 (Sadrettin Guler), Freedom of assembly and association

Giving an employee an official warning after he participated in a large pre-announced Labour Day demonstration is found to be in breach of the right to freedom of association.

Sadrettin Güler – v – Turkey, Turkish case

Case C-7/18, Pension

Modesto Jardón Lama – v – Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 3 January 2018

2018/21 Limitation on pre-transfer liabilities for transferee under CBA-led transfer deemed valid (SP)

The Spanish Supreme Court has again ruled on the highly controversial question of whether limitations to the liability of a transferee established in a collective bargaining agreement (‘CBA’) in the context of a CBA-led transfer are valid, or whether they contravene the Spanish implementation of the Acquired Rights Directive.

ECtHR 24 April 2018, application no. 56237/08 (Sadrettin Guler), Freedom of assembly and association

Giving an employee an official warning after he participated in a large pre-announced Labour Day demonstration is found to be in breach of the right to freedom of association.

Sadrettin Güler – v – Turkey, Turkish case

Case C-7/18, Pension

Modesto Jardón Lama – v – Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 3 January 2018

2018/19 Mobility clause precise enough in scope, even when covering possible future locations within France (FR)

A mobility clause must be sufficiently precise, but this condition can still be fulfilled even if the clause tries to cover both current and possible future locations of the company, provided any future locations are still within France and provided any change of location is justified by the needs of the business.

ECJ 7 March 2018, case C-494/16 (Santoro), Fixed-Term Work

The abuse of successive fixed-term contracts in the public sector can be treated differently to the abuse of successive fixed-term contracts in the private sector, as long as the measures in place fulfil the principles of effectiveness and dissuasion and effectiveness. This must be verified by the national court.

Giuseppa Santoro – v – Comune di Valderice, Presidenza del Consiglio dei Ministri, Italian case

ECJ 21 March 2018, case C-551/16 (Klein Schiphorst), Social insurance

J. Klein Schiphorst – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, Dutch case

ECJ 5 June 2018, C-574/16 (Grupo Norte), Fixed-term work

Differences in compensation at the end of employment between fixed-term and permanent workers is found non-discriminatory, as the different types of compensation meet different objectives.

Grupo Norte Facility SA – v – Angel Manuel Moreira Gómez, Spanish case