Latest in Commercial Law for Employers

Commercial Law for Employers

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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...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
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 and Leave Pay and Conditions of Employment
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 and Leave
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:
Pay and Conditions of Employment
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
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
Features

Consideration of Reasonable Adjustments for Disabled Employees

Posted in: Commercial Law for Employers on 11/11/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of DW v Nobel Plastiques Iberica SA in which the CJEU considered whether an individual who suffered from...
This article is listed under the following topics:
Discrimination and Equality
Features

Acquired Rights Directive – Does holding a ‘Position of Trust’ preclude TUPE protection?

Posted in: Commercial Law for Employers on 09/09/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of Catia Correia Moreira v Municipio de Portimao which deals with the ever complex are of TUPE as enacte...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

Calculation of Redundancy Pay During a Period of Parental Leave

Posted in: Commercial Law for Employers on 09/09/2019 In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of RE v Praxair MRC SAS in which a redundancy payment for RE was reduced as a result of her being on a p...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality