Employment Law

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Precisions on the 'place where the employee habitually carries out his work' under Brussels I

Article Date: 12-06-2017
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
AG H. Saugmandsgaard Øe delivered his opinion on 27 April 2017 in joined Cases C 168/16 and C 169/16 (Sandra Nogueira, Victor Perez-Ortega, Virginie Mauguit, Maria Sanchez-Odogherty, José Sanchez-Navarro v Crewlink Ltd (C 168/16) and Miguel José Moreno Osacar v Ryanair, formerly... [Read All]

The inconsistency of the nationality requirement for notaries with freedom of establishment under EU Law

Article Date: 17-04-2017
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court delivered on 1 February 2017 its judgment in case C‑392/15 (European Commission v Hungary, supported by Czech Republic), which is about the nationality requirement for notaries and freedom of establishment under EU Law. It concluded that “by imposing a nationality requirement for a... [Read All]

Individual dismissal in Italy

Article Date: 20-03-2017
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From Altalex.EU Blog - Comments (0)
Under Italian Law, the employer’s power to terminate the labour relationship is limited to a substantial extent by Article 1 of Law no. 604/1966. The notion of justifiable reason is defined by Article 3 of Law no 604 as being of two types: (i) a serious violation of the worker’s contrac... [Read All]

Employment law reform in Italy

Article Date: 13-03-2017
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From Altalex.EU Blog - Comments (0)
The new rules on individual and collective dismissal in the context of permanent employment contracts General In December 2014, Parliament passed the so-called “Jobs Act” (Law n° 183 of December 10, 2014). The Jobs Act defines measures to be taken, sets out inspiring principles, en... [Read All]

Collective dismissal in Italy

Article Date: 27-02-2017
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From Altalex.EU Blog - Comments (0)
The general provisions concerning collective dismissals are set forth in Law N° 223 of July 23, 1991, thereby implementing EEC Directive 75/129. A “collective dismissal” is defined in Article 24 of Law 223/1991 as occurring when an undertaking that consistently employs more than 15 ... [Read All]

The end of the Civil Service Tribunal

Article Date: 28-11-2016
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From Altalex.EU Blog - Comments (0)
The Civil Service Tribunal was dissolved on 1 September 2016. It was composed of seven Judges appointed by the Council for a renewable period of six years. It sat in Chambers of three Judges or, whenever the difficulty or importance of the questions of law warranted it, as a full court. It had juris... [Read All]

Employers may be allowed to monitor private chat messages of their employees says the ECHR

Article Date: 28-03-2016
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The European Court of Human Rights’ (ECHR) decision early this year on a labour dispute brought by a Romanian employee (Mr. Barbulescu) made it to the headlines of many newspapers and tabloids around Europe: Mr. Barbulescu had been fired for having used the company’s Internet for persona... [Read All]

Article 6 Brussels I Regulation and the work injury of a British citizen in Belgium

Article Date: 11-01-2016
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The High Court of Justice of England and Wales delivered on 7th May 2015 its judgment in Shannon v Global Tunneling Experts UK Ltd and alii ([2015] EWHC 1267 (QB), (Judgment 7 may 2015). The facts were the following. The claimant is a British citizen who had been working on a railway construction p... [Read All]

Brussels I bis and employers based outside the European Union

Article Date: 06-07-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The High Court of Justice of England and Wales delivered last week its decision in Petter v. EMC Europe Ltd and EMC Corporation (22nd May 2015, [2015] EWHC 1498 QB). Petter is a former senior employee of the European subsidiary of a US company who issued proceedings in March 2015 in England and ser... [Read All]

Desertion, Conscientious Objection, and Alleged War Crimes in post-war Iraq within asylum proceedings under Directive 2004/83/EC

Article Date: 27-04-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The historical basis of the case in hand can be traced down to the 2003 USA operation named “Iraqi Freedom”, during which the territory of Iraq was invaded and its civil polity was placed under the “transformative occupation”. The applicant, an American national and a contrac... [Read All]
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