Industrial Relations in Europe 2012 - European Commission - Europa

In Case C-515/08 156 the ECJ decided that EU law precludes national legislation requiring an
employer posting workers to the territory of another Member State to send a prior declaration
of posting under certain conditions; it also ruled that, during the posting, a Member State may
require the employer to keep available to the national authorities copies of documents
equivalent to the social or labour documents and also to send those copies to the authorities at
the end of that period.
In Joined Cases C-307/09 to C-309/09 157 the ECJ clarified the notion of the hiring-out of
workers: it is a service provided for remuneration in respect of which the worker who has
been hired out remains in the employ of the undertaking providing the service, no contract of
employment being entered into with the user undertaking. In the context of the Directive it is
characterised by the fact that the movement of the worker to the host Member State
constitutes the very purpose of the provision of services effected by the undertaking providing
the services and that that worker carries out his tasks under the control and direction of the
user undertaking.
In relation to Directive 1999/70/EC (fixed-term work), the Court rendered 14 judgements.
This Directive establishes minimum requirements relating to fixed-term work, in order to
ensure equal treatment of workers and to prevent abuse arising from the use of successive
employment contracts or relationships of this type.
In Case C-98/09 158 the ECJ decided that the Directive does not preclude domestic legislation
which merely provides that fixed-term contracts must be in writing and must indicate the
reasons for the use of those contracts without the need to indicate in fixed-term contracts
concluded for the purpose of replacing absent workers, the names of those workers and the
reasons for their replacement.
In Case C-273/10 159 the ECJ decided that the restriction, without any objective justification,
of the right to receive a seniority bonus to university lecturers on permanent contracts,
excluding lecturers on fixed-term contracts is contrary to EU law.
In C-486/08 160 , the ECJ condemned the exclusion from the protection of the national law
implementing the Directive of workers employed under a fixed-term contract of a maximum
of six months or on a casual basis.
In Joined Cases C 444/09 and C 456/09 161 , the ECJ ruled that fixed-term workers may
contest treatment which, with regard to payment of the increment for length of service, is less
favourable than that which is given to permanent workers in a comparable situation and for
which there is no objective justification.
156 Judgment of the Court of 7 October 2010. Santos Palhota and Others.
157 Judgement of the Court of 10 February 2011. Vicoplus SC PUH (C-307/09), BAM Vermeer Contracting sp.
zoo (C-308/09), Olbek Industrial Services sp. zoo (C-309/09) v Minister van Sociale Zaken en
Werkgelegenheid
158 Judgment of the Court of 24 June 2010. Francesca Sorge v Poste Italiane SpA
159 Order of the Court of 18 March 2011. Montoya Medina
160 Judgment of the Court of 22 April 2010. Zentralbetriebsrat der Landeskrankenhäuser Tirols v Land Tirol
161 Judgment of the Court of 22 December 2010. Gavieiro
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