Case C-569/16, Bauer – an heir’s accrued leave rights post-Bollacke but contra legem

After the CJEU’s labour law Bollacke judgment, if a worker had accrued paid annual leave but had died before taking it, then it looked like the heir to his estate could claim a cash equivalent from the employer. Yet the effect of this new EU labour law right seems to be drained by old German inheritance law. Thus, what is a German labour law judge to do? Applying the EU’s ‘working time’ Directive 2003/88/EC or Article 31(2) of the EU Charter would clearly be contra legem so there is no obligation on the national court to give effect to it. However, if EU labour law prevails, then does it matter that the employer was a public body (Case C-569/16) or a private company (Case C-570/16)? More

Case C-26/14, Beaudout Père et Fils – repeatedly thinking the social dialogue takes the biscuit

If the social partners agree to award an undertaking the exclusive right to administer an insurance scheme that benefits employees in a particular sector of the French economy, then does Article 56 TFEU’s transparency obligation apply before the relevant French Minister can declare the collective agreement binding erga omnes? More

Case C-396/13, Sähköalojen ammattiliitto ry – Polish sparks short-circuit national social law

Where Polish employees are posted to work on a Finnish power plant, can a Finnish union insist that those workers receive every bit of ‘pay’ as that concept is fleshed out in the relevant Finnish collective agreement? Or is the Polish company correct that: (i) Polish law governs their employees’ contract of employment (ii) under Polish law, workers cannot assign any labour-related claims; and (iii), a Finnish court has no jurisdiction to find that Polish law contravenes the EU Charter’s provisions on freedom of association? More