Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

10 SEP 2015

Balkaya v Kiesel Abbruch und Recycling Technik GmbH C-229/14; [2015] IRLR 771; (2015) EMPLR 052

Balkaya v Kiesel Abbruch und Recycling Technik GmbH C-229/14; [2015] IRLR 771; (2015) EMPLR 052
9 July 2015

European Court of Justice

The obligation to consult over collective redundancies is triggered if the employer proposes to make 20 or more workers redundant. In this case, the threshold of 20 would only have been reached if a director and a publicly funded trainee counted as ‘workers’.

The ECJ held that the director was a ‘worker’. Unlike UK law, under German law such directors are not regarded as employees. The interesting point in this judgment is that the court also held that the publicly funded trainee was a ‘worker’. The definition of ‘worker’ normally applied by the ECJ is someone who, for a certain period of time, performs services for and under the direction of another person in return for remuneration. The trainee received payment, but the payment came from the public authority which was responsible for promoting employment and not from the employer. The Court treated that payment as ‘remuneration’ so the definition of ‘worker’ was satisfied.
Social Media in the Workplace

Social Media in the Workplace

A Handbook

This book is intended as a handbook for advisers to employers, providing an overview of the...

Available in Company Law Online
EU & International Employment Law

EU & International Employment Law

"A very welcome addition to the very limited range of material available on domestic employment...

More Info £1,348.00
Available in Employment Law Online
Subscribe to our newsletters