Top of page ↑
Log out
Reset filters
    • Verdicts from/at until
2,725 search results

Case report

2011-03-31

Luxembourg

2011/43 Paid leave lost if not taken in time (LU)

Employees do not lose their entitlement to annual paid annual leave in the case of sickness, but must take the leave before the end of the legal carry-over period. If not, they lose the entitlement, unless they can prove that they were not able to take the leave.

Cour d’appel (Court of Appeal), 2011-03-31

Summary

2011-03-31

2011/43 Paid leave lost if not taken in time (LU)

Employees do not lose their entitlement to annual paid annual leave in the case of sickness, but must take the leave before the end of the legal carry-over period. If not, they lose the entitlement, unless they can prove that they were not able to take the leave.

Cour d’appel (Court of Appeal), 2011-03-31

Case report

2011-03-23

Germany

2011/50 Temps not bound by user undertaking’s collective agreement (GE)

The employer and the employee were not bound by a collective agreement, but the company to whom the employee was loaned was bound by one. This company’s collective agreement provided that claims had to be lodged within three months. The employee made a claim for underpayment. The Court of Appeal denied most of the claim on the grounds that it was lodged too late, given that the employee was bound by the company’s collective agreement. Reversing this judgment, and basing its findings on, inter alia, Directive 2008/104, the Federal Labour Court held that, being a ‘temp’, the employee was not bound by the user company’s collective agreement.

Bundesarbeitsgericht (Federal Labour Court), 2011-03-23

Summary

2011-03-23

2011/50 Temps not bound by user undertaking’s collective agreement (GE)

The employer and the employee were not bound by a collective agreement, but the company to whom the employee was loaned was bound by one. This company’s collective agreement provided that claims had to be lodged within three months. The employee made a claim for underpayment. The Court of Appeal denied most of the claim on the grounds that it was lodged too late, given that the employee was bound by the company’s collective agreement. Reversing this judgment, and basing its findings on, inter alia, Directive 2008/104, the Federal Labour Court held that, being a ‘temp’, the employee was not bound by the user company’s collective agreement.

Bundesarbeitsgericht (Federal Labour Court), 2011-03-23

Case report

2011-03-23

Bulgaria

2011/34 Bulgarian law lists transfer-triggering events exhaustively (BU)

The Bulgarian Labour Code ('BLC') provides for the automatic transfer of employees to the transferee, not only upon legal transfer or merger of (a part of) an undertaking, but also upon temporary changes in the ownership of (a part of) an undertaking by virtue of a rental or lease agreement or a concession. Rental agreements, lease agreements and concessions are various legal forms of transfer of the right to use a property and these are regulated by different statutory provisions than those regulating transfers of undertakings the Bulgarian Supreme Court recently provided an interpretative decision to the effect that the Labour Code enumerates exhaustively which events lead to the automatic transfer of employees.

General Meeting of the Civil Chamber of the Supreme Court of the Republic of Bulgaria, 2011-03-23

Summary

2011-03-23

2011/34 Bulgarian law lists transfer-triggering events exhaustively (BU)

The Bulgarian Labour Code ('BLC') provides for the automatic transfer of employees to the transferee, not only upon legal transfer or merger of (a part of) an undertaking, but also upon temporary changes in the ownership of (a part of) an undertaking by virtue of a rental or lease agreement or a concession. Rental agreements, lease agreements and concessions are various legal forms of transfer of the right to use a property and these are regulated by different statutory provisions than those regulating transfers of undertakings the Bulgarian Supreme Court recently provided an interpretative decision to the effect that the Labour Code enumerates exhaustively which events lead to the automatic transfer of employees.

General Meeting of the Civil Chamber of the Supreme Court of the Republic of Bulgaria, 2011-03-23

Case report

2011-03-22

Austria

2011/19 Austrian Supreme Court more friendly to employee claims following transferor’s insolvency (AT)

Following a transfer of undertaking, the plaintiff’s new employer became insolvent. At that time, the plaintiff had a claim for unpaid wages against his former employer, the transferor. Under previous case law he could not have been compensated for this claim by the national guarantee institution. The Supreme Court reversed this heavily criticised doctrine.

Oberster Gerichtshof (Austrian Supreme Court), 2011-03-22

Summary

2011-03-22

2011/19 Austrian Supreme Court more friendly to employee claims following transferor’s insolvency (AT)

Following a transfer of undertaking, the plaintiff’s new employer became insolvent. At that time, the plaintiff had a claim for unpaid wages against his former employer, the transferor. Under previous case law he could not have been compensated for this claim by the national guarantee institution. The Supreme Court reversed this heavily criticised doctrine.

Oberster Gerichtshof (Austrian Supreme Court), 2011-03-22

Court watch

2011-03-18

ECJ 18 March 2011, case C-273/10 (David Montoya Medina – v – Fondo de Garantía Salarial and Universidad de Alicante), Fixed-term work

Clause 4(1) of the Framework Agreement must be interpreted as precluding national legislation which, absent objective justification, reserves the right to trienios to professors with a permanent contract.

European Court of Justice (ECJ), 2011-03-18

Summary

2011-03-18

ECJ 18 March 2011, case C-273/10 (David Montoya Medina – v – Fondo de Garantía Salarial and Universidad de Alicante), Fixed-term work

Clause 4(1) of the Framework Agreement must be interpreted as precluding national legislation which, absent objective justification, reserves the right to trienios to professors with a permanent contract.

European Court of Justice (ECJ), 2011-03-18