Latest in Commercial Law for Employers

Commercial Law for Employers

We’ve found 39 results

Features

Precluding Time Spent on Holiday in Overtime Calculations Incompatible with Working Time Directive

Posted in: Commercial Law for Employers on 11/04/2022 Key Issues: Social Policy – Working Time – Annual Leave - Preliminary Ruling Case: DS v Koch Personaldienstleistungen GmbH Reference: Case C-514/20, CJEU (Seventh Chamber), 13 January 2022 Legislation: Directive 2003/88/EC Background In German national law, the Manteltarifvertrag für Zeitarbeit (F...
This article is listed under the following topics:
Working Time Leave
Features

CJEU Confirms that the Equal Treatment Directive Applies to Disabled Trainees

Posted in: Commercial Law for Employers on 11/04/2022 Key Issues: Social Policy – Equal Treatment – Disability Discrimination - Preliminary Ruling Case: XXXX v HR Rail SA Reference: Case C-485/20, CJEU (Third Chamber), 10 February 2022 Legislation: Directive 2000/78/EC Background The applicant in the main proceedings was recruited as a specialist main...
This article is listed under the following topics:
Dismissal Discrimination and Equality Policies and Procedures
Features

Should "Stand-by Time" be Considered “Working Time” for the Purposes of the Working Time Regulations?

Posted in: Commercial Law for Employers on 11/04/2022 Key Issues: Protection of the Health & Safety of Workers – Working Time - Preliminary Ruling Case: MG V Dublin City Council Reference: Case C-214/20, CJEU (Fifth Chamber), 11 November 2021 Legislation: Directive 2003/88/EC Background MG is a retained firefighter employed by Dublin City Council ...
This article is listed under the following topics:
Health and Safety Working Time
Features

Banning the Wearing of Religious Emblems in the Workplace

Posted in: Commercial Law for Employers on 13/10/2021 Key Issues: Social Policy – Equal Treatment – Religion - Preliminary Ruling Case: IX v WABE eV Reference: Case C-804/18, CJEU (Grand Chamber), 15 July 2021 Legislation: Directive 2007/78/EEC Background WABE runs a large number of child day care centres in Germany, in which more than 600 employees w...
Features

Can Rest Breaks be Classified as Working Time?

Posted in: Commercial Law for Employers on 13/10/2021 Key Issues: Social Policy - Working Time – Rest Period - Preliminary Ruling Case: XR v Dopravní podnik hl. m. Prahy, akciová společnost Reference: Case C-107/19, CJEU (Tenth Chamber), 9 September 2021 Legislation: Directive 2003/88/EEC Background From November 2005 to December 2008, XR was employed...
This article is listed under the following topics:
Working Time Pay
Features

Commercial Law for Employers: Liability of Travel Companies

Posted in: Commercial Law for Employers on 08/06/2021 Key Issues: Package Holiday – Liability of Travel Company – Concept of “supplier of services” - Preliminary Ruling Case: X v Kuoni Travel Ltd Reference: Case C-578/19, CJEU (Third Chamber), 18 March 2021 Legislation: Directive 90/314/EEC Background X and her husband entered into the contract at is...
Features

Commercial Law for Employers: Consideration of ‘stand-by time’ as Working Time

Posted in: Commercial Law for Employers on 08/06/2021 Key Issues: Organisation of Working Time – Stand-By Time - Preliminary Ruling Case: D.J. v Radiotelevizija Slovenija Reference: Case C-344/19, CJEU (Grand Chamber), 9 March 2021 Legislation: Directive 2003/88/EEC Background From 1 August 2008 to 31 January 2015, D. J. worked as a specialist technic...
This article is listed under the following topics:
Working Time
Features

Use of Successive Temporary Contracts – How Many is too Many?

Posted in: Commercial Law for Employers on 09/02/2021 Key Issues: Social Policy - Equal Treatment – Temporary Agency Work - Preliminary Ruling Case: JH v KG Reference: Case C-681/18, CJEU (Second Chamber), 14 October 2020 Legislation: Directive 2008/104 Background JH, an employee hired by a temporary-work agency, was assigned, as a temporary agency wo...
This article is listed under the following topics:
Contracts of Employment Pay
Features

When Does an Extension of Maternity Leave Become Parental Leave?

Posted in: Commercial Law for Employers on 09/02/2021 Key Issues: Social Policy - Equal Opportunities – Exclusion of Male Workers - Preliminary Ruling Case: Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de la Moselle Reference: Case C-463/19, CJEU (First Chamber), 18 November 2...
This article is listed under the following topics:
Discrimination and Equality Leave Family Friendly Rights
Features

Retroactive Equalisation of Normal Pension Age not permitted, rules CJEU

Posted in: Commercial Law for Employers on 14/01/2020 Key Issues: Equal Pay – Pension Scheme – Retroactive Equalisation - Preliminary Ruling Case: Safeway Ltd v Newton & Safeway Pension Trustees Ltd Reference: Case C-171/18, CJEU (Grand Chamber), 7 October 2019 Legislation: Article 119 (now 141), EC Treaty Background The pension scheme at issue in...
This article is listed under the following topics:
Contracts of Employment Pensions Collective and Trade Union Issues