Week 17

Question 1

C-428/09 Isere and C-229/14 Balkaya

Answer 1

Definition of ‘worker’ interpreted autonomously at EU level

Question 2

C-413/13 FNV Kiem

Answer 2

‘Bogus self-employed persons’ may be covered by the working time directive

Question 3

Key Criteria for Working Time

Answer 3

Mandatory physical presence at a place determined by the employer
Mandatory actual availability to the employer
Whether the worker can freely manage their time/pursue their interests

Question 4

C-303/98 Simap and C-151/02 Jaeger

Answer 4

Doctor on-call at hospital

Question 5

C-266/14 Tyco

Answer 5

Travel time may be considered working-time

Question 6

C-909/19 Unitatea Administrativ
Teritoriala

Answer 6

Mandatory vocational training counts as woking-time

Question 7

When can the minimum period of paid annual leave be replaced by an
allowance

Answer 7

When the employment is terminated

Question 8

C-684/16 Max Planck

Answer 8

the CJEU ruled that workers can rely on the right (to paid annual leave) directly, even against public-sector employers

Question 9

What is the minimum annual paid leave

Answer 9

4 weeks (only workdays are included)

Question 10

What are collective redundancies?

Answer 10

Dismissal of a certain number of workers for a reason unrelated to the individual worker

Question 11

Redundancies

Answer 11

Dismissal for economic reasons, without the workers’ consent

Question 12

Case C-422/14 Pujante Rivera

Answer 12

A worker is dismissed with consent, following a reduction in wages, considered redundancy.

Question 13

Case C-449/93 Rockfon

Answer 13

Defines establishment as specific place/unit where workers carry out their tasks