Recent Highlights

(Updated 26 April 2012)

In Belgium the government in response to the ECJ ruling C-60/03 introduced a proposal on a legal mechanism for joint and several liability in the event of non-payment of wages by a contractor or subcontractor who performs activities in a legitimate sector, to be determined by royal decree. In Denmark the government submitted a proposal on the amendment to the Act on Holiday aiming at bringing Danish law in compliance with the ECJ judgement in C-277/08 on Article 7 of EU Directive 88/2003. In Italy the government presented a proposal on a general reform of the regulation of the labour market.

In Estonia the law on collective agreements was amended with regard to the (continued) effects of such agreements in the case of their expiration. In France a new Working Time Act was adopted. In Norway the government is about to include Directive 2008/104/EC on temporary agency workers in the EEA agreement. In Portugal the Labour Code is to be amended so as to taking into account both the Memorandum of Understanding on Specific Economic Policy Conditionality and the Memorandum of Economic and Financial Policies. In Romania a Governmental Decision on the licensing method applicable to temporary work agents was adopted and officially published. In the UK the qualifying period for unfair dismissal will be increased from one to two years and the employment tribunal procedures will be effectuated. In Luxemburg the agreement on telework, which was signed by the social partners to implement the corresponding agreement at the European level has been extended.

In Greece the Supreme Court ruled that the employer is obliged to notify the public authorities in case of a collective redundancy resulting from the closing down of an undertaking. In Ireland the Labour Court ruled on the interpretation of the notion “continuous” fixed-term contracts. In the Netherlands a judge ruled on three cases regarding the alleged failure of the State to adapt national legislation on annual leave rights during sick leave following the ECJ Case C-173/99. In Slovenia the Supreme Court delivered an important judgment on the right of employees to annual leave. In Spain the Supreme Court delivered an important judgement on the meaning of “transfer of an undertaking”.

In Sweden the social partners reacted to European Commission’s proposal for a directive on the enforcement of Directive 96/71/EC concerning the posting of workers within the framework of the provision of services (COM(2012) 131 final) and a proposal for a regulation on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services (Monti II) (COM(2012) 130 final).