European Parliament votes against Mobility Package Employment Law Directives

2018/10 Liability for not reacting in time to ECJ decision regarding holiday pay (DK)

The Danish Supreme Court has ruled that the Danish authorities may have incurred liability by failing to act sufficiently quickly to amend the Danish Holiday Act to align it with EU law.

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 6 February 2018, C-359/16 (Altun), Free movement, Social insurance

A Member State to which workers have been posted may, in the case of fraud and under certain conditions, ask the courts to disregard an A1 certificate and apply its own social security legislation, including the recovery of contributions.

ECtHR 23 January 2018, application no. 15374/11, Unfair dismissal, Other fundamental rights

Dismissal for harassment despite acquittal in criminal proceedings is not incompatible with Article 6(2) of the Convention (presumption of innocence).

Mr Güç – v – Turkey, Turkish case

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 6 February 2018, C-359/16 (Altun), Free movement, Social insurance

A Member State to which workers have been posted may, in the case of fraud and under certain conditions, ask the courts to disregard an A1 certificate and apply its own social security legislation, including the recovery of contributions.

ECtHR 23 January 2018, application no. 15374/11, Unfair dismissal, Other fundamental rights

Dismissal for harassment despite acquittal in criminal proceedings is not incompatible with Article 6(2) of the Convention (presumption of innocence).

Mr Güç – v – Turkey, Turkish case

2018/10 Liability for not reacting in time to ECJ decision regarding holiday pay (DK)

The Danish Supreme Court has ruled that the Danish authorities may have incurred liability by failing to act sufficiently quickly to amend the Danish Holiday Act to align it with EU law.

2018/6 Dismissals anticipating a transfer of undertaking validated (HU)

The Hungarian Supreme Court has held that within the context of the transfer of an undertaking, the transferee can terminate employment relationships immediately after the transfer for operational reasons and can commence preparations to that effect before the transfer.