Employment Law Case Law

An illegally staying third-country national employee falls within the scope of Directive 80/987

Under Dutch legislation a third-country national without a valid residence permit is considered an employee and is entitled to a pay from the employer. To the contrary, such an employee who is not residing legally in the Netherlands is excluded from the insolvency benefit, which is provided for pursuant to Directive 80/987/EEC relating to the protection of employees in the event of insolvency of their employer, as amended by Directive 2002/74/EC. This inconsistency was brought before the CJEU wi... [Read All]

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