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Collective redundancies: whether directors to be taken into account in calculating numbers - Balkaya v Kiesel Abbruch- und Recycling Technik GmbH (2015) (C-229/14) [ECJ] 09.07.15 (Unreported)

Reference for a preliminary ruling — Directive 98/59/EC — Article 1(1)(a) — Collective redundancies — Concept of ‘worker’ — Member of the board of directors of a limited liability company — Person working under a scheme for training and reintegration into the labour market and benefitting from a public training grant but not receiving remuneration from the employer. HELD that Directive 98/59 art.1(1)(a) was to interpreted as precluding national law or practice that, in calculating the number of workers affected by a collective redundancy, does not take account of: (1) a member of the board of directors of a company whose performance is directed and supervised, is remunerated for his services and does not own shares in the company; or (2) persons working within the company as trainees who while not paid for his work by the company given financial support and are recognised by the competent public authority having responsibility for employment support.

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Category: Employment » Employment status; Redundancy. Area(s) of law: Employment.

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