Employer's insolvency: Statutory compensation - Checa Honrado v Fondo de Garanti¬a Salarial (2018) (C-57/17) [ECJ] 28.06.18 (Unreported)
Reference for a preliminary ruling — Social policy — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 3, first paragraph — Payment guaranteed by the guarantee institution — Severance pay on termination of employment relationships — Transfer of workplace obliging the worker to change residence — Change to a fundamental element of the contract of employment — Termination of the contract of employment by the worker — Principle of equality and non-discrimination. HELD that statutory compensation payable on the termination of employment at a worker's request where they would be obliged to change residence following a transfer of workplace by the employer fell within the concept of "severance pay on termination of employment relationships" within Directive 2008/94 on the protection of employees in the event of their employer's insolvency.Link to judgment
Category: Employment » Remedies. Keyword(s): Insolvency. Area(s) of law: Employment; Litigation; Corporate and Commercial Law.