Case C-508/15. Free Movement

Is the first indent of the first paragraph of Article 7 of EEC-Turkey Association Council...

Case C-509/15. Free Movement

Can the extension of the residence permit of a family member – who was permitted to join the...

2016/7 The prohibition against gender-based discrimination applies to self-employed contractors (HU)

In accordance with EU law, the prohibition against gender-based discrimination (in this case: dismissal relating to pregnancy) cannot be limited to employment relationships as defined in national law: it must also apply to other types of legal relationship, where one party provides services to another party for consideration, for an open-ended period of time under the supervision of a principal.

ECJ 17 December 2015, joined cases C-25/14 and C-26/14. (UNIS), Free Movement – Social Insurance

The obligation of transparency precludes Member States from extending to all employers and...

Case C-508/15. Free Movement

Is the first indent of the first paragraph of Article 7 of EEC-Turkey Association Council...

2016/18 Legislation that increased the statutory retirement age violates ECHR (NL)

A 60-year old widow with a house but without income other than a small widow’s pension has successfully challenged legislation that moved the qualification age for state pension benefits from 65 to 67. A court has found that, in her particular case, the legislation constitutes an “individual and excessive burden” within the meaning of ECtHR case law on the First Protocol to the ECHR. The government was ordered to start paying the widow state pension from age 65 despite and contrary to the wording of the law.

2016/17 Court order for reinstatement not satisfied by placing employee on garden leave (LI)

An employer was ordered to reinstate an employee they had wrongly dismissed. The employer reinstated him, putting him back on the payroll, but simultaneously placed him on involuntary garden leave. The employee sought and got a second court order that this was not real reinstatement. The employer was ordered to allow the employee to return to the office and perform his habitual work there on pain of a penalty of € 100 for each day of non-compliance. The employer challenged this penalty, but without success.

Case C-509/15. Free Movement

Can the extension of the residence permit of a family member – who was permitted to join the...

2016/12 ‘Independent contractors’ working in a subordinate relationship may in reality be employees (FR)

An ‘independent contractor’ working for a company in a subordinate relationship should be considered as a de facto employee. In such a situation, the company and its legal representatives can be held liable for ‘concealed work’ and be subject to criminal penalties.

2016/6 An employee’s salary may be above the equal treatment standards if there is a material reason (CZ)

The employer may unilaterally stipulate or agree a salary with an employee that goes beyond the equal treatment standards, to the employee’s benefit if there is a material reason. The reason must either represent a competitive advantage compared to other employees, or the unequal treatment must be a substantial requirement necessary for the particular work.