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Case report

2010-10-15

Italy

2011/15: Damages are not an effective and adequate sanction against the abuse of fixed-term contracts in public employment (IT)

The abuse of fixed-term contracts in the Italian public sector has become so widespread that a court has declared unlawful the distinction between the law in the public sector.

Tribunale di Siena, 2010-10-15

Summary

2010-10-15

2011/15: Damages are not an effective and adequate sanction against the abuse of fixed-term contracts in public employment (IT)

The abuse of fixed-term contracts in the Italian public sector has become so widespread that a court has declared unlawful the distinction between the law in the public sector.

Tribunale di Siena, 2010-10-15

Case report

2010-10-14

Europe

ECJ 14 October 2010, case C-243/09 (Günter Fuss – v – Stadt Halle), Working time

Article 6 of Directive 2003/88 precludes national rules, which allow a public-sector employer to transfer a worker compulsorily to another service on the ground that the worker has requested compliance with that provision, even if he or she suffers no specific detriment other than that resulting from the infringement of that provision.

European Court of Justice (ECJ), 2010-10-14

Summary

2010-10-14

ECJ 14 October 2010, case C-243/09 (Günter Fuss – v – Stadt Halle), Working time

Article 6 of Directive 2003/88 precludes national rules, which allow a public-sector employer to transfer a worker compulsorily to another service on the ground that the worker has requested compliance with that provision, even if he or she suffers no specific detriment other than that resulting from the infringement of that provision.

European Court of Justice (ECJ), 2010-10-14

Court watch

2010-10-14

ECJ 14 October 2010, case C-345/09 (J.A. van Delft et al. – v – College van Zorgverzekeringen), Social insurance

Neither Regulation 1408/71 nor Article 21 TFEU preclude national legislation under which recipients of a pension, who reside in another Member State in which they are entitled to sickness benefits in kind provided by that Member State, must pay, in the form of a deduction from their pension, a contribution in respect of those benefits even if they are not registered with the competent institution of their Member State of residence. However, Article 21 TFEU does preclude national legislation in so far as it induces or provides for an unjustified difference of treatment between residents and non-residents as regards ensuring the continuity of the overall protection against the risk of sickness enjoyed by them under insurance contracts concluded before the entry into force of that legislation.

European Court of Justice (ECJ), 2010-10-14

Summary

2010-10-14

ECJ 14 October 2010, case C-345/09 (J.A. van Delft et al. – v – College van Zorgverzekeringen), Social insurance

Neither Regulation 1408/71 nor Article 21 TFEU preclude national legislation under which recipients of a pension, who reside in another Member State in which they are entitled to sickness benefits in kind provided by that Member State, must pay, in the form of a deduction from their pension, a contribution in respect of those benefits even if they are not registered with the competent institution of their Member State of residence. However, Article 21 TFEU does preclude national legislation in so far as it induces or provides for an unjustified difference of treatment between residents and non-residents as regards ensuring the continuity of the overall protection against the risk of sickness enjoyed by them under insurance contracts concluded before the entry into force of that legislation.

European Court of Justice (ECJ), 2010-10-14

Court watch

2010-10-14

ECJ 14 October 2010, case C-428/09 (Union Syndicale Solidaires Isère – v – Premier Ministre), Working time

Persons employed under an educational commitment contract fall within the scope of the derogation in Article 17(3)(b) and/or (c) of the Directive, but the French legislation at issue fails to afford them appropriate protection and is, therefore, not compatible with the Directive.

European Court of Justice (ECJ), 2010-10-14

Summary

2010-10-14

ECJ 14 October 2010, case C-428/09 (Union Syndicale Solidaires Isère – v – Premier Ministre), Working time

Persons employed under an educational commitment contract fall within the scope of the derogation in Article 17(3)(b) and/or (c) of the Directive, but the French legislation at issue fails to afford them appropriate protection and is, therefore, not compatible with the Directive.

European Court of Justice (ECJ), 2010-10-14

Court watch

2010-10-05

ECtHR 5 October 2010, (Kopke – v – German), Application no. 420/07, Fundamental rights

The European Court of Human Rights (“ECtHR”) has recently considered these cases, which have a direct and indirect impact on employment law. Kopke raises issues of an employer using covert surveillance on an employee to investigate and prevent theft. Lalmahomed was a criminal case, but illuminates the strict requirements of the need for a fair procedure. Cudak is a case in which the right to bring a claim for unfair dismissal was given primacy over the public international law principle of state immunity.

European Court of Human Rights (ECtHR), 2010-10-05

Summary

2010-10-05

ECtHR 5 October 2010, (Kopke – v – German), Application no. 420/07, Fundamental rights

The European Court of Human Rights (“ECtHR”) has recently considered these cases, which have a direct and indirect impact on employment law. Kopke raises issues of an employer using covert surveillance on an employee to investigate and prevent theft. Lalmahomed was a criminal case, but illuminates the strict requirements of the need for a fair procedure. Cudak is a case in which the right to bring a claim for unfair dismissal was given primacy over the public international law principle of state immunity.

European Court of Human Rights (ECtHR), 2010-10-05