2012/18 Retirement scheme that formerly yielded nothing for employees resigning before age 35 is neither unconstitutional nor sex- discriminatory (GE)

A nurse was employed in a public hospital in the 1960s and 1970s. Until 1974 the law provided that, in order to qualify for retirement benefits, an employee needed to have been employed by the same employer without interruption for more than 20 years. This requirement was relaxed slightly in 1974, but even then an employee who resigned before the age of 35 remained empty-handed: no income following retirement and no vested interest. The Bundesarbeitsgericht found the service/age requirement to be constitutional and non-discriminatory.

2012/18 Retirement scheme that formerly yielded nothing for employees resigning before age 35 is neither unconstitutional nor sex- discriminatory (GE)

A nurse was employed in a public hospital in the 1960s and 1970s. Until 1974 the law provided that, in order to qualify for retirement benefits, an employee needed to have been employed by the same employer without interruption for more than 20 years. This requirement was relaxed slightly in 1974, but even then an employee who resigned before the age of 35 remained empty-handed: no income following retirement and no vested interest. The Bundesarbeitsgericht found the service/age requirement to be constitutional and non-discriminatory.

ECJ 4 October 2012, case C-115/11 (Format - v - ZUS), Free movement, Social insurance

Mr Kita, a Polish national living in Poland, was employed by the Polish subcontractor...

ECJ 4 October 2012, case C-115/11 (Format - v - ZUS), Free movement, Social insurance

Mr Kita, a Polish national living in Poland, was employed by the Polish subcontractor...

2014/25 Employer liable for invalid collective agreement (SK)

A collective agreement concluded with a works council entitled redundant employees to certain benefits. An employee claimed those benefits. In response, the employer argued that the collective agreement was non-existent, having been concluded on behalf of the employer by an internal unit that lacked legal capacity. The Slovak Labour Code provides that an employer cannot invoke the invalidity of a ‘legal act’ to the detriment of an employee unless the employee caused the invalidity himself. The issue in this case was whether the conclusion of a collective agreement qualified as a ‘legal act’ and whether an employee was eligible for damages for loss incurred due to a collective agreement being invalid. The answer was yes.

2014/25 Employer liable for invalid collective agreement (SK)

A collective agreement concluded with a works council entitled redundant employees to certain benefits. An employee claimed those benefits. In response, the employer argued that the collective agreement was non-existent, having been concluded on behalf of the employer by an internal unit that lacked legal capacity. The Slovak Labour Code provides that an employer cannot invoke the invalidity of a ‘legal act’ to the detriment of an employee unless the employee caused the invalidity himself. The issue in this case was whether the conclusion of a collective agreement qualified as a ‘legal act’ and whether an employee was eligible for damages for loss incurred due to a collective agreement being invalid. The answer was yes.

ECJ 27 September 2012, case C-137/11 (Partena ASBL - v - Les Tartes de Chaumont-Gistoux SA), Free movement, Social insurance

Belgian  Royal  Degree  38  provides  that  self-employed ...

ECJ 27 September 2012, case C-137/11 (Partena ASBL - v - Les Tartes de Chaumont-Gistoux SA), Free movement, Social insurance

Belgian  Royal  Degree  38  provides  that  self-employed ...

2012/50 Unlawful dismissal of foreigner with temporary residence permit: employer to pay compensation for unemployment (BU)

This case concerns the dismissal of a foreign national and payment of compensation for unlawful dismissal. One of the questions raised before the Supreme Court was whether the employer was required to pay compensation for unemployment following the unlawful dismissal of a foreign national whose temporary residence permit was withdrawn because his work permit had expired.

2012/50 Unlawful dismissal of foreigner with temporary residence permit: employer to pay compensation for unemployment (BU)

This case concerns the dismissal of a foreign national and payment of compensation for unlawful dismissal. One of the questions raised before the Supreme Court was whether the employer was required to pay compensation for unemployment following the unlawful dismissal of a foreign national whose temporary residence permit was withdrawn because his work permit had expired.