Report on Training in European Labor Law ERA Centre in Trier, Germany - I

From 2nd to 7th of July 2017 two representatives from The Supreme Court of Cassation in Serbia, Advisors Ms Ljupka Gogić and Ms Zinaida Belić attended Training in European Labor Law, organized by ERA Centre in Trier, Germany.

The aim of the Training was to give insight into European Labor Law contained in The Treaty on the functioning of The European Union (TFEU) and following Treaties and Directives adopted by Member States (MS) and safeguarded by ECJ (European Court of Justice), and supported by the MDTF.

The Introductory lecture was held by Jean-Philppe Lhernould, a Law Professor at the University of Poitiers on EU Competences, main actors and law making, explaining that EU can adopt legislation only in Treaty Scope, and that there is no overall competence in labor law. Directives lay down minimum standards and countries can guarantee above, but there is no harmonization as such. Content of directives is not directly applicable before domestic courts and one cannot invoke a directive if it is opposite to a domestic rule, but local judge can interpret domestic rule in conformity with the Directive and there is state liability when a breach of EU Law causes damage to an individual.

Ms Barbara Palli, who is holding permanent teaching and research position at The University of Lorrain gave a lecture on Posting of workers Directive. This lecture was followed by interesting case-study workshop. The most argued question was whether contractor or subcontractor or both of them would be liable for application of plant agreements of minimum wages in the host country, maximum working hours and extra working hours that were not paid to workers. It has been noticed that subcontracting liability is regulated in different ways in countries represented by participants (in Sweden the subcontractor is the only liable, but in Hungarian law both contractor and subcontractor would be liable).

Dr Claudia Schmidt, a legal secretary in The Latvian Cabinet of the ECJ, held a lecture on Working time, beginning with historic development and International Labor Organization Conventions. It explained legal sources of social policy of the EU whose purpose is to improve working conditions. Furthermore it referred to “on-call duty” cases (working time or rest period?), question of minimum rest period-weekly rest period and paid annual leave (Directive 2003/88/EC).

Ms Nicola Braganza, Barrister at The Garden Court Chambers, London, UK, followed with lecture on equality and non-discrimination in the work place. This lecture ended with interesting case-study workshop and lively debate especially in the case of dismissal on the grounds of disability.

During CEJ visit in Luxembourg participants had a quick tour through impressive court building and after being introduced with the briefing of the Stollwitzer C -482/16 attended a hearing of the mentioned case. It basically argues whether the new rule in national (Austrian) legislation allowing the exclusion of professional experience acquired before the age of 18 in the sectors that are not in connection with railway business while determining employees grading is not justified and constitutes age and occupational discrimination. The outcome of the case might be interesting for Serbia because it has similar provisions in public sector. Therefore participants are looking forward to the General Advocate Opinion to be delivered on 23rd of November.

Mr Filip Dorssemont, Professor of labour Law at the Univeriste Catholique du Luvain and President of the Belgian Association of Labor Law and Social Security law held a lecture focused on the notion of Collective Redundancies (Directive 75/129), the information and consultation procedure, the administrative procedures, enforcement issues. In his opinion, employer must introduce information and consultation procedure as soon as he starts to contemplate collective redundancies.

Dr Sascha Morgenroth LLM (Austin) Partner followed with the lecture on the transfer of undertakings (Directive 2001/23/EC), explaining purpose of the directive, structure, scope, forms of transfer and consequences of the transfer on the individual level and collective level. This lecture was followed by interesting case-law workshop about transfers of business and rights of employees.

Mr Filip Dorssemont held a lecture on European Works Council Recast Directive whose objective is to improve the rights to information and consultation at Community level in a spirit of equality. It refereed to The European Pillar of Social Rights, stressing upon the fact that this document does not provide any sanctions for not complying with its provisions debating scopes and influence of such document.

Mr Guy Castegnaro, Advocat, held a lecture on Applicable Law on employment contracts, explaining advantages of regulation instead of directive.

Lucca Ratti, Associate Professor of European and Comparative Labor Law closed the Training with lecture on part-time work, fixed term employment contracts and temporary agency work, the three directives (Part- time Work Directives, Fixed Term work Directive, TAW Directive), use and abuse of atypical contracts.

Participants have found ERA Training on European Labor Law to be of immense importance for Serbian judiciary in the sense of understanding EU law and ECJ case-law. As they stated in the evaluation sheet-the goal of gaining new knowledge and exchanging experience with law professionals from other countries was fully reached.