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Case law of the Estonian Supreme Court

04.03.2015 3-2-1-176-14

  • Cassation of OÜ Bysted against the Tartu Circuit Court 22.09.2014 judgement in the action brought by Esmar Parts against Bysted OÜ in a labour dispute

21.09.2015 3-2-1-80-15

  • Cassation of ALSTOM ESTONIA AS and counter-cassation of Harald Walter Schubert against the Tallinn Circuit Court 18.12.2014.a judgement in the action brought by Harald Walter Schubert against ALSTOM ESTONIA AS in a labour dispute

05.03.2014 3-2-1-187-13

  • Cassation of Silvi Keernik and counter-cassation of Sillaallika Osaühing against the Tartu Circuit Court 02.09.2013 judgement in the action brought by Silvi Keernik against Sillaallika Osaühing to recover wages, compensation for unused holiday, compensation for cancellation of employment contract with a shorter advance notice, and compensation for cancellation of the employment contract.

16.01.2013 3-2-1-179-12

  • Appeal in cassation of WKSM Grupp OÜ against the Tallinn Circuit Court 25.06.2012 judgement in the action brought by Jeremy Kivi and Aigar Pajo against WKSM Grupp OÜ regarding the payment of wages

07.12.2011 3-2-1-117-11

  • Appeals in cassation of Kaspar Kaljuste and TJ Ehitus OÜ against the Tartu Circuit Court 04.04.2011 judgement in the action brought by Kaspar Kaljuste against TJ Ehitus OÜ in a labour dispute
 

Decisions of the European Court of Justice

Keywords: Rome Convention on the law applicable to contractual obligations; contract of employment; choice made by the parties; mandatory rules of the law applicable in the absence of choice; determination of that law; notion of the country in which the employee ‘habitually carries out his work’; employee carrying out his work in more than one contracting state

Keywords: freedom to provide services; directive 96/71/EC; posting of workers in the construction industry; national legislation laying down terms and conditions of employment covering the matters referred to in article 3(1), first subparagraph, (a) to (g), save for minimum rates of pay; collective agreement for the building sector the terms of which lay down more favourable conditions or relate to other matters

Keywords: maritime transport; right of establishment; fundamental rights; objectives of Community social policy; collective action taken by a trade union organisation against a private undertaking; collective agreement liable to deter an undertaking from registering a vessel under the flag of another Member State

Keywords: freedom to provide services; directive 96/71/EC; posting of workers in the context of the provision of services; procedures for the award of public works contracts

Keywords: social security for migrant workers; determination of the legislation applicable; workers posted to another Member State

Keywords: requirements for wage arising from employment relationships; workers of a company with its seat in Member State A, posted to carry out works in Member State B; minimum wage provided for by the collective agreements of Member State B; locus standi of a trade union with its seat in Member State B; legislation of Member State A prohibiting the assignment to a third party of claims relating to pay

Keywords: social security for posted workers; applicable legislation

Keywords: posted workers in the context of the provision of services; employment permit; applicable legislation

 

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