HSI Report on European Labour and Social Security Law 3/2024


Issue 3/2024 of the HSI Report on European Labour and Social Security Law has now been published. It presents an overview of the current proceedings and the new judgments before the CJEU and the ECtHR. The report covers the period from July to September 2024.

The CJEU overview 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.

Please find the report with open access to everyone under the following link: Report on European Labour and Social Security Law - Hans-Böckler-Stiftung.

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