Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid
April 08, 2024
Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid (1999) C-125/97 is a European insolvency law and labour law case, concerning the protection of employees' salaries on their employer's insolvency.
Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid
Mr Regeling was a Dutch welder. He received sporadic pay from January 1991 until August 1991 when with notice the contract was terminated and the employer went bankrupt. He claimed pay from the Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid, the guarantee institution for employee's claims in the Netherlands. This was turned down because the period guaranteed was 13 weeks before termination, and in that period, making up for prior shortfalls, more than normal wages were paid.
Judgmentedit
The European Court of Justice held that Mr Regeling still had a good claim, because the employers late payments should be set off first against the outstanding wage debt. To do otherwise would undermine the minimum protection of the guarantee.
20 The guarantee institutions are required, in principle, in accordance with Article 3(1) of the Directive, to guarantee payment of employees' outstanding claims relating to pay for the period prior to a given date. It is purely by way of derogation that Member States have the option, under Article 4(1), to limit that liability to pay to a given period fixed in accordance with the detailed rules laid down in Article 4(2). As the Advocate General observes at point 45 of his Opinion, that provision must be construed narrowly and in conformity with the social purpose of the Directive, which is to ensure a minimum level of protection for all workers.
See alsoedit
Notesedit
Referencesedit
April 08, 2024
regeling, bestuur, bedrijfsvereniging, voor, metaalnijverheid, 1999, european, insolvency, labour, case, concerning, protection, employees, salaries, their, employer, insolvency, courteuropean, court, justicedecided14, july, 1998citation, 1999, 1999, irlr, 379. Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid 1999 C 125 97 is a European insolvency law and labour law case concerning the protection of employees salaries on their employer s insolvency Regeling v Bestuur van de Bedrijfsvereniging voor de MetaalnijverheidCourtEuropean Court of JusticeDecided14 July 1998Citation s 1999 C 125 97 1999 IRLR 379KeywordsInsolvency protection Contents 1 Facts 2 Judgment 3 See also 4 Notes 5 ReferencesFacts editMr Regeling was a Dutch welder He received sporadic pay from January 1991 until August 1991 when with notice the contract was terminated and the employer went bankrupt He claimed pay from the Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid the guarantee institution for employee s claims in the Netherlands This was turned down because the period guaranteed was 13 weeks before termination and in that period making up for prior shortfalls more than normal wages were paid Judgment editThe European Court of Justice held that Mr Regeling still had a good claim because the employers late payments should be set off first against the outstanding wage debt To do otherwise would undermine the minimum protection of the guarantee 20 The guarantee institutions are required in principle in accordance with Article 3 1 of the Directive to guarantee payment of employees outstanding claims relating to pay for the period prior to a given date It is purely by way of derogation that Member States have the option under Article 4 1 to limit that liability to pay to a given period fixed in accordance with the detailed rules laid down in Article 4 2 As the Advocate General observes at point 45 of his Opinion that provision must be construed narrowly and in conformity with the social purpose of the Directive which is to ensure a minimum level of protection for all workers See also editNotes editReferences edit Retrieved from https en wikipedia org w index php title Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid amp oldid 1069510889, wikipedia, wiki, book, books, library,
