2020/35 Employment contract for an indefinite term with exclusion of work and remuneration for a certain period is valid and does not conflict with the law on fixed-term work (GE)

The Federal Labour Court of Germany (Bundesarbeitsgericht, 'BAG') had to decide on a case in which an employee argued that his contract was not terminated by a provision that restricted the mutual duties to a certain time period for the yearly season within his contract and that the employer had to employ him during the off season. However, his lawsuit was unsuccessful as the Court found that, even though he did have an indefinite contract, the employer was not obliged to employ and pay him during the off season due to the valid provision of fixed-term employment for the time from April to October during the time of the season.

2020/35 Employment contract for an indefinite term with exclusion of work and remuneration for a certain period is valid and does not conflict with the law on fixed-term work (GE)

The Federal Labour Court of Germany (Bundesarbeitsgericht, 'BAG') had to decide on a case in which an employee argued that his contract was not terminated by a provision that restricted the mutual duties to a certain time period for the yearly season within his contract and that the employer had to employ him during the off season. However, his lawsuit was unsuccessful as the Court found that, even though he did have an indefinite contract, the employer was not obliged to employ and pay him during the off season due to the valid provision of fixed-term employment for the time from April to October during the time of the season.

ECJ 24 September 2020, Case C-223/19 (YS (Pensions d’entreprise de personnel cadre)), Discrimination General, Gender Discrimination, Pension

YS - v - NK AG, Austrian case

ECJ 24 September 2020, Case C-223/19 (YS (Pensions d’entreprise de personnel cadre)), Discrimination General, Gender Discrimination, Pension

YS - v - NK AG, Austrian case

2020/40 Holiday entitlement in the release phase of partial retirement according to the so-called ‘block model’ (GE)

The Federal Labour Court of Germany (Bundesarbeitsgericht, “BAG”) had to decide on a case in which an employee claimed vacation entitlements for the release phase of a partial retirement scheme. Because the employee was released from his work obligation during the release phase of the partial retirement under the so-called ‘block model’ he was not entitled to statutory leave so that the lawsuit was unsuccessful in the final instance.

2020/40 Holiday entitlement in the release phase of partial retirement according to the so-called ‘block model’ (GE)

The Federal Labour Court of Germany (Bundesarbeitsgericht, “BAG”) had to decide on a case in which an employee claimed vacation entitlements for the release phase of a partial retirement scheme. Because the employee was released from his work obligation during the release phase of the partial retirement under the so-called ‘block model’ he was not entitled to statutory leave so that the lawsuit was unsuccessful in the final instance.

2020/33 The concept of ‘maternity’ does not include, and therefore does not protect, mothers regarding discrimination related to ‘childcare’ (BE)

The Brussels Labour Court of Appeal, in a judgment of 10 September 2019, has ruled that the notion of ‘maternity’ contained in the Belgian Gender Act does not go as far as protecting mothers against discrimination with regards to childcare, since this would confirm a patriarchal role pattern. However, a recent legislative change introducing ‘paternity’ as a protected ground might cast doubt on the relevance of this ruling for the future.

2020/33 The concept of ‘maternity’ does not include, and therefore does not protect, mothers regarding discrimination related to ‘childcare’ (BE)

The Brussels Labour Court of Appeal, in a judgment of 10 September 2019, has ruled that the notion of ‘maternity’ contained in the Belgian Gender Act does not go as far as protecting mothers against discrimination with regards to childcare, since this would confirm a patriarchal role pattern. However, a recent legislative change introducing ‘paternity’ as a protected ground might cast doubt on the relevance of this ruling for the future.

2020/39 Termination of franchise arrangement and entering into subsequent arrangement constitute a transfer of undertaking (IR)

The Irish Workplace Relations Commission has found that the termination of a franchise arrangement between a post office and a retail partner and a subsequent arrangement with another retail partner constituted a transfer of undertaking.

ECJ 23 September 2020, Case C-777/18 (Vas Megyei Kormányhivatal (Soins de santé transfrontaliers)), Free Movement, Social Insurance

WO - v - Vas Megyei Kormányhivatal, Hungarian case