2015/18 The “Jobs Act”: changes to rules for termination, executives and mandatory severance pay

Changes are being made in relation to a number of aspects of Italian employment law, based on Prime Minister Renzi’s umbrella term for
them: the ‘Jobs Act’. This includes various employment law enactments, beginning with a law regulating fixed term contracts brought in last year and amendments to existing law, along with at least two more changes that have not yet been completed.

<p>2015/18 The &ldquo;Jobs Act&rdquo;: changes to rules for termination, executives and mandatory severance pay</p>

Changes are being made in relation to a number of aspects of Italian employment law, based on Prime Minister Renzi’s umbrella term for
them: the ‘Jobs Act’. This includes various employment law enactments, beginning with a law regulating fixed term contracts brought in last year and amendments to existing law, along with at least two more changes that have not yet been completed.

2015/9 Caste discrimination may be unlawful, but not necessarily (UK)

The employment tribunal decision in Tirkey v Chandhok (reported in EELC 2014/21) has been appealed to the Employment Appeal Tribunal (‘EAT’). The EAT rejected the appeal against the tribunal’s decision to allow the claim for caste discrimination to proceed, agreeing with the tribunal that the definition of ‘race’ in the Equality Act 2010, which includes ‘ethnic origin’, is wide enough to include caste

2015/9 Caste discrimination may be unlawful, but not necessarily (UK)

The employment tribunal decision in Tirkey v Chandhok (reported in EELC 2014/21) has been appealed to the Employment Appeal Tribunal (‘EAT’). The EAT rejected the appeal against the tribunal’s decision to allow the claim for caste discrimination to proceed, agreeing with the tribunal that the definition of ‘race’ in the Equality Act 2010, which includes ‘ethnic origin’, is wide enough to include caste

ECJ 18 December 2014, case C-523/13 (Walter Larcher – v – Deutsche Rentenversicherung Bayern Süd), Social security

Mr Larcher is an Austrian citizen. He was employed in Germany for over 29 years. In 2000 he moved...

ECJ 18 December 2014, case&nbsp;C-523/13&nbsp;(Walter Larcher &ndash; v &ndash; Deutsche Rentenversicherung Bayern S&uuml;d), Social security

Mr Larcher is an Austrian citizen. He was employed in Germany for over 29 years. In 2000 he moved...

2014/52 Transferee may reduce salaries to the level of its collective agreement (NO)

The Court of the European Free Trade Association (EFTA) has ruled that a reduction in salary following the transfer of an undertaking based on the terms of the collective bargaining agreement that applies to the transferee, does not violate the Acquired Rights Directive (2001/23/EC). The court rejected the employees’ argument that the ECJ’s ruling in the Scattolon case (C-108/10, summarised in EELC 2011-3) precludes the transferee from applying a collective bargaining agreement with lower pay, even after expiry of the transferor’s collective bargaining agreement with higher pay.

ECJ 18 December 2014, case C-354/13 (Fag og Arbejde, acting on behalf of Karsten Kaltoft – v – Kommunernes Landsforening), Disability discrimination

Mr Kaltoft was hired by the Municipality of Billund in 1996 as a childminder, to take care of...

ECJ 18 December 2014, case&nbsp;C-354/13&nbsp;(Fag og Arbejde, acting on behalf of Karsten Kaltoft &ndash; v &ndash; Kommunernes Landsforening), Disability discrimination

Mr Kaltoft was hired by the Municipality of Billund in 1996 as a childminder, to take care of...

2014/52 Transferee may reduce salaries to the level of its collective agreement (NO)

The Court of the European Free Trade Association (EFTA) has ruled that a reduction in salary following the transfer of an undertaking based on the terms of the collective bargaining agreement that applies to the transferee, does not violate the Acquired Rights Directive (2001/23/EC). The court rejected the employees’ argument that the ECJ’s ruling in the Scattolon case (C-108/10, summarised in EELC 2011-3) precludes the transferee from applying a collective bargaining agreement with lower pay, even after expiry of the transferor’s collective bargaining agreement with higher pay.