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Newsletter January, 2024

European Union: provisional agreement on the Artificial Intelligence Act reached

January, 2024
  • On 8 December 2023, the Council presidency and the European Parliament's negotiators reached a provisional agreement on the Artificial Intelligence (AI) Act. 
  • The Act aims to ensure that AI systems in the EU respect fundamental rights and values, while stimulating innovation and investment in AI in Europe.
  • Both Parliament and Council must formally adopt the agreed text for it to become EU law.
  • The AI Act should apply two years after it enters into force.
Newsletter December, 2023

European Court of Justice: Decision on Paid Leave in the Event of Sickness Absence

December, 2023
  • On 9 November 2023, the Court of Justice of the European Union ruled that Article 7 of Directive 2003/88 on certain aspects of the organisation of working time, in particular annual leave, does not preclude national rules or practices that limit the entitlement to paid annual leave once an employee has returned to work after a long period of incapacity.
  • Long periods of illness, even consecutive ones can result in a worker's absence, which defeats the purpose of the leave itself, namely to help the worker rest and benefit from a period of relaxation.
  • Consequently, on his return, the employee has no absolute right to take it.

European Court of Justice: Decision on Part-time and Accrual of Pay Increases

December, 2023
  • On 19 October 2023, the Court of Justice of the European Union, in Case C-660/20, stressed that only objective reasons can justify treating part-time and full-time workers differently.
  • The Court ruled that domestic legislation that requires part-time employees to work an extra number of hours equal to that required of full-time employees to obtain a pay supplement is contrary to EU law.
  • That provision is discriminatory as it unfavourably treats part-time employees, who must perform more extra hours of service than their full-time colleagues to receive the same additional remuneration.

Fit for 55 Climate Package: Impact on EU Employment by 2030 (an Eurofound Report)

December, 2023
  • "Fit for 55" is a policy package adopted in 2021 by EU policymakers that contains critical objectives to achieve a 55 per cent reduction in greenhouse gas emissions by 2030.
  • On 25 October 2023, Eurofound released a new report that forecasts how the “Fit for 55” policy package may affect employment in the EU by 2030.
  • According to the report, employment gains will vary widely among countries and regions depending on their reliance on carbon-intensive industries and their ability to exploit greening opportunities.
Newsletter November, 2023

European Union: Second-stage consultation of social partners on a possible action further improving the quality of traineeships launched

November, 2023

Ireland: Decision on sick leave benefits

November, 2023
  • On 25 September 2023, the Workplace Relations Commission (WRC) rejected an employee claim, stating that employers who offer employees more favourable sick leave benefits are not obliged to pay statutory sick leave.
  • It is the first decision rendered on the issue after the Sick Leave Act 2022 (the Act) which came into force on 1 January 2023.
Newsletter October, 2023

European Commission launched a second-stage consultation of European social partners on revising the European Works Council Directive

October, 2023
  • On 26 July 2023, the European Commission launched a second-stage consultation of the European social partners on a possible revision of the European Works Council (EWC) Directive 2009/38/EC.
  • It follows the first consultation phase launched on 11 April 2023, which ended with identifying six main areas for reform, subject to further consultation among the social partners. 
  • The main areas of focus for further consultation concern the modification of the notion of 'transnational issue' and 'consultation,' limiting the possibility for management to classify information as 'confidential'; shortening the timeframe for setting up EWCs, improving the ability of EWCs and their members to enforce their legal rights, and ensuring that all EWCs are fully subject to the EU legal framework.
  • The second consultation phase will end on 4 October 2023.

Italy: A Decision on indirect gender discrimination in job advertisements

October, 2023
  • On 3 July 2023, the Supreme Court confirmed the principle that the stipulation of equal height for men and women (1.60m) as a requirement for employment constitutes indirect discrimination against women. 
  • The same requirement is neither objectively justified nor relevant and proportional to the duties deriving from the qualification attributed.

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