Commercial Law for Employers

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CJEU finding - the use of arbitrary age limits in connection with recruitment or promotion should be avoided, where possible

Posted in: Commercial Law for Employers on 14/12/2022 Key Issues: Social Policy – Equal Treatment – Age Discrimination Case: VT v Ministero dell’Interno Reference: Case C-304/21, CJEU (Seventh Chamber), 17 November 2022 Legislation: Directive 2000/78/EC Background On 2 December 2019, the Ministry of the Interio...

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Discrimination

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Adoption of collective agreement regarding night work does not, in itself, equate to implementation of the relevant EU legislation

Posted in: Commercial Law for Employers on 14/12/2022 Key Issues: Social Policy – Working Time Case: Coca-Cola European Partners GmbH v L.B. & R.G. Reference: Case C-257/21 and C-258/21, CJEU (Seventh Chamber), 7 July 2022 Legislation: Directive 2003/88/EC Background L.B. and R.G. performed night shift wor...

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Collective and Trade Union Issues

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Role of Sector Convenor Falls Within Scope of Anti-Discrimination Directive

Posted in: Commercial Law for Employers on 07/10/2022 Key Issues: Social Policy – Equal Treatment – Age Discrimination Case: Ligebehandlingsnævnet, acting on behalf of A v HK/Danmark Reference: Case C-587/20, CJEU (Second Chamber), 2 June 2022 Legislation: Directive 2000/78/EC Background A, who was born in 1948...

This article is listed under the following topics:

Discrimination Recruitment and Selection

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Remuneration of Part-time Firefighter Calculated by Principle of Pro Rata Temporis

Posted in: Commercial Law for Employers on 07/10/2022 Key Issues: Social Policy - Principle of pro rata temporis Case: Ville de Mons, Zone de secours Hainaut-Centre v RM Reference: Case C-377/21, CJEU (Seventh Chamber), 7 July 2022 Legislation: Directive 97/81/EC Background During the period from 1 January 1982 to...

This article is listed under the following topics:

Contracts of Employment Flexible Working Pay

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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 Annual Leave and Holiday Pay

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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 Policies and Procedures

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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 ...

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Health and Safety Working Time

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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...

This article is listed under the following topics:

Discrimination Policies and Procedures Diversity & Inclusion

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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

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