Welcome to the EELA EELC Updates, an online database of judgments of national courts, the European Court of Justice and the European Court of Human Rights in the field of employment law. In addition to case law, we also bring you the occasional articles and news items. For more information, please click here.
2010/41: Transfer of undertaking despite termination by the transferor followed by a new contract with the transferee (CZ)
Where, in a transfer of undertaking situation, the employment contract with the transferor is expressly terminated and a "new" contract is entered into with the transferee, there is no real termination and the employee is not eligible for severance compensation.
2010/85: The fact that an activity is continuous (24/24) does not necessarily mean that a worker who oversees the activity on his own cannot take (unpaid) rest breaks (CZ)
A worker who does not take rest breaks because he mistakenly believes his job does not permit his work to be interrupted cannot claim compensation for the time during which he could have rested.
2010/88: Shared liability of employer and employee for breach of European road transportation rules (HU)
Regulation 561/2006 makes the employer of a truck driver liable for failure by the latter to observe the rules provided therein. However, the Regulation allows Member States to exempt from such liability those employers who have done all they reasonably could have to prevent their drivers from breaking the rules. This makes it possible for Hungarian courts to fine drivers and their employers in proportion to their respective share of responsibility for an offence.
2010/55: Working time regulations to be interpreted in accordance with Pereda (UK)
An employee whose pre-arranged annual leave coincided with a period of sickness was entitled to carry his leave entitlement over to the following year. The Working Time Regulations 1998 (the "WTR") should be interpreted purposively to achieve this result, so as to give effect to the decision of the ECJ in Pereda v Madrid Movilidad (C-277/08).
2010/54: Seniority-based pay scheme must take prior foreign service into account (AT)
Seniority-based pay schemes for public servants must take account of periods of service with comparable employers in other Member States.
2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)
A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.
2010/37: Personal data protection in employment (PL)
The employment relationship does not guarantee that consent to process his or her personal data is given freely by the employee. The provisions of the Polish labour law provide an exhaustive list of data which an employer may demand. The use of biometric data to control working time is disproportionate to the objective which it seeks to attain.
2011/37 Cypriot court applies Acquired Rights Directive (CY)
One company closed down a restaurant in November and another company reopened the restaurant in April, using the same name and the same equipment, offering identical services and being owned partly by the same owner. The court found this to constitute the transfer of an undertaking.