Report

Reporting period: 1 July - 30 September 2024: Report on European Labour and Social Security Law

HSI Report 3/2024 chronicles the development of case law and legislation in the area of labour and social security law at European and international level in the period from July to September 2024.


The CJEU overview again contains some highly relevant judgments. In the case KfH (C-184/22), the Court confirms its case law on discrimination against part-time employees with regard to overtime pay and comments on discrimination on grounds of sex. In CU (C-112/22 and C-223/22) as well, the CJEU continues to follow its previous case law: Residency conditions for access to social welfare benefits for third-country nationals with long-term residence status may conflict with the objective of integration. Furthermore, important preliminary ruling questions were submitted in connection with the paradigm shift in collective redundancy law at the German Federal Labour Court (BAG) (C-402/24 - Sewel and C-134/24 - Tomann).


The ECtHR overview includes several judgments, for example on the protection of whistleblowers in case No. 15028/16 - Hrachya Harutyunyan v. Armenia. In addition, a large number of new proceedings are pending, for example concerning the unilateral obligation of teachers to work during a strike (No. 45299/22 - Teachers' Trade Union and Teachers' Democratic Trade Union v. Hungary). As restrictions on the right to strike in certain service professions are also being ordered by courts and discussed politically in Germany, the decision is eagerly awaited.