Post by account_disabled on Dec 31, 2023 22:56:51 GMT -5
Aan economic activity within the meaning of Article of the same directive which delimits in that sense the scope of this one. . The preliminary question asked In these circumstances the Federal Court for Labor Disputes decided to suspend the trial of the case and to address the following preliminary question to the Court Article paragraphs and of Directive apply in the case of the temporary work assignment of a member of an association within another enterprise according to the specialist and organizational instructions of the latter when upon joining the association member undertook to make his entire workforce available including to third parties in order to receive instead from.
The association a monthly remuneration calculated according to the usual criteria Country Email List for the respective activity and for the temporary work mission of its member the association is billed for the personnel expenses related to this member including a lump sum for administrative expenses . The Courts observations Article paragraphs and of Directive EC of the European Parliament and of the Council of November on temporary agency work must be that directive making available to a user enterprise by a nonprofit association of one of its members in exchange for a financial allowance to provide it principally and under the guidance.
Of the latter with a work performance in exchange for remuneration under the conditions in that said member is protected on this ground in the Member State in question an aspect that must be verified by the referring court and this despite the fact that the said member does not have the status of worker under national law for the reason that he did not conclude an employment contract with mentioned association. . The Courts decision The Court approves the appeal filed by the works council and finds that a provision of services such as the one in the main.
The association a monthly remuneration calculated according to the usual criteria Country Email List for the respective activity and for the temporary work mission of its member the association is billed for the personnel expenses related to this member including a lump sum for administrative expenses . The Courts observations Article paragraphs and of Directive EC of the European Parliament and of the Council of November on temporary agency work must be that directive making available to a user enterprise by a nonprofit association of one of its members in exchange for a financial allowance to provide it principally and under the guidance.
Of the latter with a work performance in exchange for remuneration under the conditions in that said member is protected on this ground in the Member State in question an aspect that must be verified by the referring court and this despite the fact that the said member does not have the status of worker under national law for the reason that he did not conclude an employment contract with mentioned association. . The Courts decision The Court approves the appeal filed by the works council and finds that a provision of services such as the one in the main.