Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/05/2014

Subject: The Court affirmed that Directive 80/987/EEC, relating to the protection of employees in the event of the insolvency of their employer, precludes national legislation on the protection of employees in the event of the insolvency of their employer under which a third-country national who is not legally resident in the Member State concerned is not to be regarded as an employee with the right to an insolvency benefit — on the basis, in particular, of claims relating to unpaid wages — in the event of his employer’s insolvency, even though that third-country national is recognised under the civil law of the Member State as having the status of an ‘employee’ with an entitlement to pay which could be the subject of an action against his employer before the national courts.

Parties: Tümer

Classification: Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation - Art. 28 Rights of workers, employers and their organisations: organisation - Rights of workers, employers and their organisations: negotiations - Rights of workers, employers and their organisations: collective agreements - Rights of workers, employers and their organisations: collective actions - Rights of workers, employers and their organisations: strike - Citizens’ rights - Art. 45 Freedom of residence

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