Report covering the most significant developments of employment law at EU level in the period of Q1 2022.
We cover the following updates regarding legislative developments, case law and EU policy:
Legislative Developments
During the first quarter of 2022, no major developments have been noted on the legislative front within the European Union.
The policy declaration of the European Commission for the year 2022 does not contain specific new projects for legislation or regulation within the area of social policy. Obviously, all pending initiatives of the European Commission (on the protection of platform workers, minimum wages and collective bargaining for certain self-employed, for instance) will continue their usual course of the legislative process, with the active involvement of the European Parliament.
Case-law
Social Policy
XXXX v. HR Rail SA, 10 February 2022, C-485/20
Abstract
A worker with a disability, including a worker doing a traineeship as part of his or her recruitment, who is declared incapable of performing the essential duties of the post that he or she occupies, may benefit from reassignment to another post for which he or she is competent, capable and available. That reassignment must not, however, impose a disproportionate burden on the employer.
Facts
HR Rail hired a specialized railway maintenance employee with probationary period. In December 2017, this employee was diagnosed with a heart condition, after which a pacemaker had to be fitted. As a...
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