EELA Updates

Case report

2012-01-20

Austria

2012/28: Choice of law clause in contract with temp unenforceable (AT)

An Italian temp was hired out to a company in Austria. His contract provided that Liechenstein law applied and that there was a limitation of three months for bringing claims. After this period had expired he submitted a claim for unpaid bonuses for heavy and dirty work. The Austrian Supreme Court upheld the claim on the basis that the time limit was in breach of the Posting Directive and therefore invalid.

Oberster Gerichtshof (Austrian Supreme Court), 2012-01-20

Summary

2012-01-20

2012/28: Choice of law clause in contract with temp unenforceable (AT)

An Italian temp was hired out to a company in Austria. His contract provided that Liechenstein law applied and that there was a limitation of three months for bringing claims. After this period had expired he submitted a claim for unpaid bonuses for heavy and dirty work. The Austrian Supreme Court upheld the claim on the basis that the time limit was in breach of the Posting Directive and therefore invalid.

Oberster Gerichtshof (Austrian Supreme Court), 2012-01-20

Case report

2012-01-13

Germany

2012/18: Dismissal for being HIV-positive justified (GE)

The termination of an HIV-positive employee cannot lead to a successful claim for damages based on disability discrimination if the safety standards adopted by the employer aim to prevent the infection of patients with that disease.

Berlin-Brandenburg Regional Labour Court, 2012-01-13

Summary

2012-01-13

2012/18: Dismissal for being HIV-positive justified (GE)

The termination of an HIV-positive employee cannot lead to a successful claim for damages based on disability discrimination if the safety standards adopted by the employer aim to prevent the infection of patients with that disease.

Berlin-Brandenburg Regional Labour Court, 2012-01-13

Case report

2012-01-11

France

2012/5: Not allowing male waiter to wear earrings is discriminatory (FR)

A waiter alleged that his employer had discriminated against him on grounds of gender when he dismissed him because he was wearing earrings. In January 2012, the Supreme Court ruled in favour of the employee and considered that a dismissal based on the fact that a waiter wears earrings constitutes sex discrimination.

Cour de cassation (French Supreme Court), 2012-01-11

Summary

2012-01-11

2012/5: Not allowing male waiter to wear earrings is discriminatory (FR)

A waiter alleged that his employer had discriminated against him on grounds of gender when he dismissed him because he was wearing earrings. In January 2012, the Supreme Court ruled in favour of the employee and considered that a dismissal based on the fact that a waiter wears earrings constitutes sex discrimination.

Cour de cassation (French Supreme Court), 2012-01-11

Case report

2012-01-01

Greece

2012/45 Employee who refuses to go across to transferee loses job (GR)

Greek law has no provision entitling employees to refuse automatic transfer into the employment of the transferee in the event of a transfer of undertaking.

Μoνoµελές Πρωτoδικείo Βóλoυ (First Instance Court of Volos)

Summary

2012-01-01

2012/45 Employee who refuses to go across to transferee loses job (GR)

Greek law has no provision entitling employees to refuse automatic transfer into the employment of the transferee in the event of a transfer of undertaking.

Μoνoµελές Πρωτoδικείo Βóλoυ (First Instance Court of Volos)

Case report

2012-01-01

2012/29: How are Greece, Spain and Italy responding to pressure to reform their employment legislation? (Article)

Anyone who follows the news will know that Greece, followed by Portugal, Ireland, Spain and Cyprus are in deep trouble and that there is pressure on them, and on other countries, notably Italy, to reform their labour markets and, in particular, their protective employment legislation. The key word is “flexibility”. The authors of this article thought it might be a good idea to inform the readers of EELC about the recent - in many cases dramatic - legislative developments in this area in Greece, Italy and Spain.

Summary

2012-01-01

2012/29: How are Greece, Spain and Italy responding to pressure to reform their employment legislation? (Article)

Anyone who follows the news will know that Greece, followed by Portugal, Ireland, Spain and Cyprus are in deep trouble and that there is pressure on them, and on other countries, notably Italy, to reform their labour markets and, in particular, their protective employment legislation. The key word is “flexibility”. The authors of this article thought it might be a good idea to inform the readers of EELC about the recent - in many cases dramatic - legislative developments in this area in Greece, Italy and Spain.