2019/5 For how long may data of a job applicant be stored? (AT)

The Austrian Data Protection Authority (DPA) has confirmed that the personal data of a rejected job applicant may be stored by the (potential) employer for a period of seven months after they have been transferred by the applicant in order to defend the employer against possible discrimination claims by them. However, after this period the applicant data must be erased.

2019/11 Resignation or constructive dismissal? (RO)

The Iasi Court of Appeal has held that a request for resignation completed and signed after various forms of pressure from the employee’s superiors does not represent a termination of an individual labour agreement on the initiative of the employee, but a constructive dismissal.

2019/5 For how long may data of a job applicant be stored? (AT)

The Austrian Data Protection Authority (DPA) has confirmed that the personal data of a rejected job applicant may be stored by the (potential) employer for a period of seven months after they have been transferred by the applicant in order to defend the employer against possible discrimination claims by them. However, after this period the applicant data must be erased.

2019/11 Resignation or constructive dismissal? (RO)

The Iasi Court of Appeal has held that a request for resignation completed and signed after various forms of pressure from the employee’s superiors does not represent a termination of an individual labour agreement on the initiative of the employee, but a constructive dismissal.

ECJ 4 April 2019, case C-699/17 (Allianz Vorsorgekasse AG), miscellaneous

Allianz Vorsorgekasse AG, in presence of six parties, Austrian case

ECJ 4 April 2019, case C-699/17 (Allianz Vorsorgekasse AG), miscellaneous

Allianz Vorsorgekasse AG, in presence of six parties, Austrian case

ECJ 11 April 2019, joined cases C-29/18, C-30/18 and C-44/18 (Cobra Servicios Auxiliares), fixed-term work

Cobra Servicios Auxiliares, S.A. – v – José David Sánchez Iglesias, José Ramón Fiuza Asorey, Jesús Valiño López, Fogasa, Incatema, S.L., Spanish case

ECJ 11 April 2019, joined cases C-29/18, C-30/18 and C-44/18 (Cobra Servicios Auxiliares), fixed-term work

Cobra Servicios Auxiliares, S.A. – v – José David Sánchez Iglesias, José Ramón Fiuza Asorey, Jesús Valiño López, Fogasa, Incatema, S.L., Spanish case

ECJ 11 April 2019, case C-483/17 (Tarola), social security

Neculai Tarola – v – Minister for Social Protection, Irish case

ECJ 11 April 2019, case C-483/17 (Tarola), social security

Neculai Tarola – v – Minister for Social Protection, Irish case