Case C-370/17. Social security

Is the effect of an E 101 certificate issued, in accordance with Article 11(1) and Article...

2017/33 Time starts to run for breaches of the rules on fixed term contracts from the date when the less favourable treatment began (MA)

The period within which an employee can file a claim under the Regulations entitled “Contracts of Service for a Fixed Term” (which are Subsidiary Legislation under Maltese law) starts from when the employee became subject to less favourable treatment and not from when the employee could have known that the Regulations were being breached.

ECJ 26 July 2017, case C-175/16 (Hälvä), Working time

Relief workers who look after children in a family environment for SOS-Lapsikyläry, so relieving the children’s foster carers, do not fall within the scope of the exception provided for in Article 17(1) of the Working Time Directive.

ECJ 22 June 2017, case C-126/16 (Smallsteps), Transfer of undertakings

A ‘pre-pack’ agreement is outside the scope of Article 5 of the Acquired Rights Directive. In this situation, the protection of workers guaranteed by Articles 3 and 4 of that directive is maintained.

Case C-46/17. Fixed-term work and equal treatment

Is clause 5, point 1, of the Framework Agreement on fixed-term work concluded on 18 March 1999,...

Case C-61/17. Collective redundancies

Must the notion of a controlling undertaking specified in the first subparagraph of Article 2(4)...

Case C-68/17. Equal treatment

Is the second subparagraph of Article 4(2) of Council Directive 2000/78/EC 1 of 27 November 2000...

Case C-41/17. Health and safety

Has Article 7 of Directive 92/85/EEC 1 to be interpreted as meaning that the night work, which...

2017/32 An employer cannot request the invalidation of an employee’s employment contract termination notice in court: any other interpretation would be contrary to the prohibition of forced labour (LA)

Under the Latvian Labour Law an employee has the right to terminate an employment contract with immediate effect, i.e. without complying with the statutory notice period of one month, if the employee has ‘good cause’. Under the Labour Law, ‘good cause’ is any situation, which, based on considerations of morality and fairness, would not allow for the employment to continue. If an employee terminates their employment contract for good cause the employer must pay severance to the employee based on the employee’s years of service with the employer and amounting to between one and four months’ average earnings. If the employee gives notice for good cause, this terminates the employment contract with immediate effect.Even if the employer disagrees with the reasons given in the termination notice, the employer cannot terminate the employment contract on any other ground and does not have the right to challenge the validity of the notice in court. However, if the employer suffers loss as a result of the immediate termination; its reputation is damaged based on the reasons given in the notice; or it has faced some other adverse consequence; the employer can bring a claim arguing that what is stated in the notice is untrue.

2017/31 Lawful positive discrimination in favour of women (FR)

Company agreement provisions granting a half-day of leave to female employees on International Women’s Day constitute lawful positive discrimination in favour of women.