TRADE UNION REPRESENTATION
The trade union which submitted a list of candidates in the elections, and the higher-level organisation to which it is affiliated, necessarily have standing to bring proceedings challenging the election of a representative, unless otherwise provided for in their constitution.
RIGHT TO DISCONNECT
In the absence of an express obligation to respond to an employer’s request, there can be no infringement of the right to disconnect.
TERMINATION OF A PROBATIONARY PERIOD DURING PREGNANCY
The burden of proof rests with the employer where a probationary period is terminated in respect of a pregnant employee.
SETTLEMENT AGREEMENTS AND LIMITATION PERIODS
The limitation period for challenging a dismissal is suspended for as long as the settlement agreement prevents the claim from being brought.
LAW OF EVIDENCE
The production in court of documents covered by medical confidentiality is permissible where it is necessary for the purposes of the rights of the defense and proportionate to the aim pursued.
CONCEPT OF A GROUP
The court must verify that the employer belongs to a group meeting the criteria set out in the Commercial Code for the purposes of the redeployment obligation.
APPRENTICESHIP CONTRACTS
An apprentice may immediately terminate their apprenticeship contract in the event of serious breaches by the employer.
