The wording of a global exclusion clause in an employment contract also covered claims asserted on the grounds of intentional damage. However, such a clause was invalid in the case at hand because it resulted in a shortening of the statutory limitation periods. Both parties to the employment contract could not therefore refer to such a contractual exclusion clause. The consequence was that the statutory limitation periods applied. The employer can also invoke the invalidity of the exclusion clause, even if it drafted the clause itself. The judgment may also have important consequences for collective agreements.

The Craiova Court of Appeal has ruled that a trade union that organized an illegal strike was civilly liable for the entire prejudice caused to the employer due to the interruption of its business activity. The compensation will be calculated based on the damage incurred by the employer, regardless of whether the strike took place for only two hours, as in the case at hand, if the activity of the unit was disrupted for a longer period of time due to such strike action.

The Bulgarian Supreme Administrative Court has held that not only employees working under an employment relationship but also state officials enjoy special protection against termination.

Following up on the ECJ’s judgment in the Kalliri case, the Greek Council of State (Conseil d’État) held in a Plenary Session decision that a legal provision of Presidential Decree 90/2003 requiring that candidates for admission to the Greek Officers and Policemen School must be at least 1.70 m, independently of their sex, was indirectly discriminatory against female candidates. It based its decision on Directive 76/207/EEC as well as principles of the Greek constitution.

The UK’s Supreme Court (SC) has ruled that retail staff of the supermarket chain Asda can compare themselves under UK law to higher-paid distribution depot staff for the purposes of an equal pay claim. In a separate case against Tesco, the ECJ subsequently confirmed that the company’s shop workers can rely directly on EU law to compare themselves to distribution centre workers for the purposes of such a claim.

The Employment Appeal Tribunal (EAT) has ruled that ‘gender critical’ beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in ‘gender identity’ is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs.

In its decision rendered on 29 September 2020, the Austrian Supreme Court (Oberster Gerichtshof, ‘OGH’) ruled that periods of prior professional services completed with employers in the EU or the EEA other than the current employer must be taken into account for salary classifications to guarantee the freedom of movement of workers under Article 45 TFEU.

The Grand Chamber of the Slovakian Supreme Court has unanimously decided that employers cannot be penalised by two different agencies for one violation of employment law rules and that the ne bis in idem principle also applies to two administrative breaches of the law.

In a decision of 16 June 2021 (6 AZR 390/20 (A)), the German Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) referred a question to the ECJ for a preliminary ruling that has been a controversial issue in Germany for some time. The question is whether the possibility of a permanent supply of temporary workers, which is referred to as ‘personnel supply’ (Personalgestellung) in the context of the collective agreement for the public sector, and the exemption from the scope of the German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, ‘AÜG’) pursuant to Section 1(3) No. 2b AÜG, which allows this provision in the collective agreement, violates the provisions of Directive 2008/104/EC on temporary agency work (the ‘Temporary Agency Work Directive’). Depending on the outcome of the ECJ’s decision, this could have a significant impact on staff leasing often practised in companies operating in the public sector.

Ryanair and Crewlink have finally been found in violation of Belgian mandatory provisions following the ruling of the ECJ in cases C-168/16 and C-169/16 (Nogueira and Others) and ordered to pay certain amounts to the employees involved by virtue of Belgian mandatory provisions. Yet, this trade union victory has a bitter taste for those employees, who were refused their main claim, i.e. to be paid normal remuneration for on-call time at the airport.

By a majority of 4-3, the Supreme Court of Ireland has held that the Workplace Relations Commission’s power to adjudicate disputes between employers and employees was not unconstitutional. However, the majority of the Supreme Court did find that certain aspects of the Commission’s procedures were unconstitutional, namely the blanket ban on public hearings and the lack of capacity for taking evidence on oath. The Workplace Relations Act 2015 and the Workplace Relations Commission procedures have consequently been amended to address these issues. This case report is a follow-up on EELC 2020/34.

An employer’s need to present a neutral image may justify a prohibition on any visible expression of beliefs, but must correspond to a genuine need, notwithstanding the specific national context end more favourable national provisions.

The Commission is not bound to give effect to the social partners’ request seeking implementation, at EU level, of the agreement that they have concluded.

Economically inactive Union citizens residing in a Member State other than their Member State of origin have the right to be affiliated to the public sickness insurance system of the host Member State, but not necessarily free of charge.

British Universal Credit legislation is compatible with the principle of equal treatment guaranteed by EU law, but cannot expose Union citizens and their children to a risk of violation of their rights enshrined in the Charter of Fundamental Rights of the European Union, in particular the respect for human dignity.

In a limited number of security activities, military personnel are excluded from the scope of the Working Time Directive. The Directive does not prohibit stand-by periods and actual work to be remunerated differently.

Necessary travel time outside working hours constitutes working time.

Internal EU Case. Appeal against disciplinary pension deduction dismissed.

A stand-by shift with a required response within two minutes makes a break qualify as working time.

Third-country nationals with a single work permit obtained in Italy are entitled to childbirth and maternity allowances.

If parties choose the applicable law pursuant to Article 8(1) of the Rome I Regulation, the objectively applicable law (ex Article 8(2-4) does not apply with the exception of ‘provisions that cannot be derogated from by agreement’. Moreover, the choice for the applicable law must be free, but is considered to be made freely even if the employee merely accepts a clause drafted by the employer.

The concept of ‘sale of goods’ referred to in the self-employed commercial agents directive covers the supply of licensed computer software.

Article 65 (2 and 5) must be interpreted as applying to applicants who received sickness benefits in another member state if the social security legislation of the competent member state equates receiving sickness benefits to the pursuit of an activity.

Successful appeal against General Court Order dated 3 July 2020 on rejection of claims regarding recovery of pension amounts. The case is referred back to the General Court for a ruling on the claims made by Mr Tognoli and Others.

Successful appeal against General Court Order dated 3 July 2020 on rejection of claims regarding recovery of pension amounts. The case is referred back to the General Court for a ruling on the claims made by Mr Poggiolini.

Mr Veit’s complaint against his salary scale classification was dismissed.

The ECJ, like the General Court, dismissed the appeal against the imposed disciplinary sanction.

An insured person is entitled to a full cost reimbursement for an allowed medical treatment in the Member State, if the initial medical advice in the Member State led to permission for a medical treatment which differed from the eventual treatment following a second – and better – medical advice in the Member State where he underwent the medical treatment, if there was no time to obtain permission for that second treatment.

Member States may impose additional criteria in reserving the right to participate in public procurement to particular sheltered workshops, provided that they comply with the principles of equal treatment and proportionality.

Vocational training is working time.