2012/7: German works council rules do not override lex loci labori (AT)

An employee based in Austria was employed by a German company, which dismissed him. The dismissal was valid according to Austrian law but not according to German law because the employer had not informed its works council (in Germany) adequately in advance. Did the German works council rules override Austrian employment law? Based on German case law, the Austrian Supreme Court replied in the negative.

2012/7: German works council rules do not override lex loci labori (AT)

An employee based in Austria was employed by a German company, which dismissed him. The dismissal was valid according to Austrian law but not according to German law because the employer had not informed its works council (in Germany) adequately in advance. Did the German works council rules override Austrian employment law? Based on German case law, the Austrian Supreme Court replied in the negative.

ECJ 15 September 2011, case C-155/10 (Williams and others - v - British Airways plc), Paid leave

Article 7 of Directive 2003/88/EC must be interpreted as meaning that an airline pilot is entitled, during his annual leave, not only to the maintenance of his basic salary, but also (i) to all the components intrinsically linked to the performance of the tasks which he is required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, is provided and (ii) to all the elements relating to his personal and professional status as an airline pilot.

It is for the national court to assess whether the various components comprising that worker’s total remuneration meet those criteria.

ECJ 15 September 2011, case C-155/10 (Williams and others - v - British Airways plc), Paid leave

Article 7 of Directive 2003/88/EC must be interpreted as meaning that an airline pilot is entitled, during his annual leave, not only to the maintenance of his basic salary, but also (i) to all the components intrinsically linked to the performance of the tasks which he is required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, is provided and (ii) to all the elements relating to his personal and professional status as an airline pilot.

It is for the national court to assess whether the various components comprising that worker’s total remuneration meet those criteria.

2012/11: European works council cannot stop plant closure (GE)

In Germany a European works council, contrary to a domestic works council, has no option to seek a restraining order from the court. In this case the European works council was powerless to prevent a factory from being closed down.

ECJ 8 September 2011, cases C-297/10 and C-298/10 (Hennings), Age discrimination, collective agreements

The principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression in Council Directive 2000/78/EC [...] must be interpreted as precluding a measure laid down by a collective agreement such as that at issue in the main proceedings which provides that, within each salary group, the basic pay step of a public sector contractual employee is determined on appointment by reference to the employee’s age. The fact that European Union law precludes that measure and that it appears in a collective agreement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of Fundamental Rights of the European Union.

ECJ 8 September 2011, case C-177/10 (Francisco Javier Rosado Santana - v - Consejería de Justicia y Administración Pública de la Junta de Andalucía), Fixed-term work

Mr Rosado Santana was employed by the provincial Ministry of Justice as an ‘interim civil...

2012/11: European works council cannot stop plant closure (GE)

In Germany a European works council, contrary to a domestic works council, has no option to seek a restraining order from the court. In this case the European works council was powerless to prevent a factory from being closed down.

ECJ 8 September 2011, cases C-297/10 and C-298/10 (Hennings), Age discrimination, collective agreements

The principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression in Council Directive 2000/78/EC [...] must be interpreted as precluding a measure laid down by a collective agreement such as that at issue in the main proceedings which provides that, within each salary group, the basic pay step of a public sector contractual employee is determined on appointment by reference to the employee’s age. The fact that European Union law precludes that measure and that it appears in a collective agreement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of Fundamental Rights of the European Union.

ECJ 8 September 2011, case C-177/10 (Francisco Javier Rosado Santana - v - Consejería de Justicia y Administración Pública de la Junta de Andalucía), Fixed-term work

Mr Rosado Santana was employed by the provincial Ministry of Justice as an ‘interim civil...