Reporting period: 1 April - 30 June 2024: Report on European Labour and Social Security Law
HSI Report 2/2024 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 April to June 2024.
The CJEU overview contains a number of noteworthy decisions. In the Olympus case (C-706/22), for example, the Court of Justice made a decision on strategies for avoiding co-determination: The negotiated procedure for the involvement of the employee representatives of an European company (SE) should not always be repeated, even if, exceptionally, no negotiations were carried out when it was founded. The decision has far-reaching consequences.
Further decisions deal, among other things, with issues relating to the role of women in the world of work. In the Air Nostrum case (C-314/23), an airline paid a lower "daily allowance" to the flight attendants, 94% of whom are women, than to the pilots, a group predominantly made up of men. The difference in treatment is due to the application of two separately negotiated collective agreements between different trade unions. In his Opinion, the Advocate General examined, among other things, whether the autonomy of the parties to the collective agreement is sufficient justification for this unequal treatment. In the House of Jacobus decision (C-284/23), the CJEU emphasises that a pregnant employee must be given a reasonable period of time to challenge her dismissal in court. German law does not fully comply with these requirements ...