1. PSYCHOLOGICAL HARASSMENT. ESSENTIAL REQUIREMENTS
The European Union General Court has upheld the claims of two employees working for the European Parliament and the European Investment Bank respectively, and ordered both European institutions to pay EUR 10,000 in damages.
2. TRANSFER OF UNDERTAKINGS AFTER FIVE MONTHS OF INTERRUPTED ACTIVITY
The Court of Justice of the European Union has declared the existence of a transfer of undertakings in the award of a music school after five months of interrupted activity. The newly-awarded company had not taken on any employees from the workforce of the first contractor.
3. BACK PAY IN THE CASE OF REDUCTION OF WORKING HOURS
The Supreme Court held that the back pay of employees whose working hours are reduced when they are dismissed should be calculated taking into account the actual salary that the employee would have received without the reduction of working hours.
4. COMPANY DIRECTORS. INCLUSION IN THE RETA
The Supreme Court held that the framework for joint and several company directors within the RETA does not require proof that the person concerned performs an actual job for the company, but rather that the performance of direction and management activities for the company is sufficient.
5. ASSOCIATED WORK COOPERATIVES. PIERCING THE CORPORATE VEIL
The Supreme Court concluded that the rendering of transport services for a company in the capacity of a cooperative member does not exclude the labour nature of the relationship when the cooperative is being used as a purely formal cover in order to avoid the statutory requirements set out in article 1.3.g) of the Statute of Workers.
6. HOURLY SALARY CALCULATION METHOD
The National Court concluded that an hourly salary may not be calculated by dividing the annual salary by the annual working hours established in the applicable collective bargaining agreement, as the latter referred exclusively to the effective working time.