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European Observer on fundamental right's respect

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Case Law C-652/19 (17/03/2021)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/17/2021

Subject: According to the Court, national legislation which provides for the concurrent application, in the course of one and the same collective redundancy procedure, of two different systems for the protection of permanent workers in the event of a collective redundancy carried out in breach of the criteria for determining which workers will be dismissed under that procedure does not come within the scope of Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies and cannot, therefore, be examined in the light of the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union and, in particular, Articles 20 and 30 thereof. The Court affirmed that the framework agreement on fixed-term work annexed to Directive 1999/70/EC must be interpreted as not precluding national legislation which extends a new system for the protection of permanent workers in the event of unlawful collective redundancies to workers whose fixed-term contracts, which were entered into before the date of entry into force of that legislation, are converted into contracts of indefinite duration after that date

Parties: Consulmarketing

Classification: Equality - Art. 20 Equality - Solidarity - Art. 30 Protection against unjustified dismissal

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