ECJ 21 February 2013, case C-282/11 (Concepción Salgado González - v - INSS and TGSS), Free movement, Pension

Spanish law makes entitlement to a State old-age pension conditional on having paid contributions...

ECJ 21 February 2013, case C-194/12 (Concepción Maestre García - v - Centros Comerciales Carrefour SA), Working time and leave, Paid leave

Ms  Maestre  Garcia  was  on  sick  leave  from  4 ...

ECJ 21 February 2013, case C-194/12 (Concepción Maestre García - v - Centros Comerciales Carrefour SA), Working time and leave, Paid leave

Ms  Maestre  Garcia  was  on  sick  leave  from  4 ...

2013/17 Presumption that dismissal was on account of transfer and not for an ETO reason not rebutted (AT)

If a worker is dismissed shortly before or after the transfer of an enterprise this constitutes a strong indication that the dismissal was based solely on the transfer. The employer must then prove that there is an objective reason for the dismissal based on economic, technical or organisational grounds.

2013/17 Presumption that dismissal was on account of transfer and not for an ETO reason not rebutted (AT)

If a worker is dismissed shortly before or after the transfer of an enterprise this constitutes a strong indication that the dismissal was based solely on the transfer. The employer must then prove that there is an objective reason for the dismissal based on economic, technical or organisational grounds.

2013/31 Supreme Court rules on duration, continuity and burden of proof in respect of daily rest breaks (FR)

Every employee who has worked at least six hours on one day (even discontinuously) is entitled to take a continuous break of 20 minutes, which cannot be replaced by two separate shorter paid breaks. The employer is responsible for bringing forward the evidence that he has provided this rest break.

2013/31 Supreme Court rules on duration, continuity and burden of proof in respect of daily rest breaks (FR)

Every employee who has worked at least six hours on one day (even discontinuously) is entitled to take a continuous break of 20 minutes, which cannot be replaced by two separate shorter paid breaks. The employer is responsible for bringing forward the evidence that he has provided this rest break.

2013/11 Notes intended solely for internal use excluded from scope of Data Protection Act (NL)

An employee who was involved in a dispute with her employer applied for an order of the court for access to all documents containing her personal data including correspondence exchanged between the legal department of her employer and line managers on the subject of the dispute. The courts declined to make the order.

2013/11 Notes intended solely for internal use excluded from scope of Data Protection Act (NL)

An employee who was involved in a dispute with her employer applied for an order of the court for access to all documents containing her personal data including correspondence exchanged between the legal department of her employer and line managers on the subject of the dispute. The courts declined to make the order.

2013/2 Part time judges entitled to pensions on terms equivalent to full timers (UK)

Part time judges are in an employment relationship within the meaning of Directive 97/81/EC on part time work and must be treated as ‘workers’. This entitles them to be paid in the same way as full time workers, including pension entitlement.