Service Prior to Enactment of Law Should Be Factored into Calculation of Pension

Precedential Decision by Judiciary or Regulatory Agency

On November 7, 2018, the European Court of Justice ruled that periods of service accrued before the deadline for transposing the Part-Time Workers Directive (the PTW Directive) into domestic law should be taken into account when calculating pension benefits. The Court noted that pension adjustments should be backdated to when the employee first started employment and the entire period of service should count toward the calculation of his final pension. Further, on the facts, the employee’s pension did not accrue in set periods, but the entire figure should be calculated from the final date of service. Therefore, the legal situation of the employee could only be definitively calculated on retirement, which occurred when the PTW Directive was in force.

Foster Carers Are Not Covered by EU Law Regulating Working Time

Precedential Decision by Judiciary or Regulatory Agency

On November 20, 2018, the Court of Justice of the European Union ruled that foster carers in Romania are outside the scope of EU law regulating working time. EU law excludes those working in certain public service activities from the application of law on working time (and health and safety at work). This decision means they are not entitled to EU minimum standards on rest breaks, paid leave, and working hours.