CJ EU (2). Ryanair on ECJ "Mons" ruling upholding EU law and airline's position on Member State jurisdiction for international transport workers
Milan, Italy - The integral version of the press release issued by the Irish low-cost
"Ryanair today welcomed the decision of the European Court of Justice (ECJ) in the “Mons” case which found in favour of the carrier by rejecting the CTC Union argument that the home base (ie where crew start and end their work day) should be the sole determinant of what court jurisdiction can hear disputes on labour issues. The ECJ has ruled that all current factors such as where the worker gets their instructions, where goods/passengers are loaded/unloaded, where the work tools are stored, where the work is organised/performed and where the worker returns to at the end of their duty should continue to be considered in conjunction with the home base as part of an overallassessment in determining jurisdiction. This ECJ decision does not change the status quo of Irish Contracts of Employment for Ryanair crew based across Europe. The ariline will continue to employ itscrew on Irish contracts of employment, and this decision onlyupdates the criteria for assessing the jurisdiction of national courts to hear legal cases locally and does not alter the law applicable to the contract, which is determined by the Rome I regulation (593/2008). All EU Member States’ national employment legislation is derived from EU directives to ensure protection for employees in relation to areas including annual leave, maternity leave and sickness benefits. Irish legislation has adopted all EU directives on employment rights which are also covered in Ryanair contracts of employment and in some cases, offers better protection than some EU countries; for example,maternity leave in Ireland is more favourable than in Belgium and the Irish minimum wage is also amongst the highest in Europe". See for details AVIONEWS.
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