Opinion of the Advocate General — ECLI:EU:C:2008:355
Date: 2008-06-19
Language of the case: Danish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Denmark

Summary of the Judgment 1. Social policy – Approximation of laws – Employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship – Directive 91/533 (Council Directive 91/533, Art. 8(1)) 2. Social policy – Approximation of laws – Employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship – Directive 91/533 (Council Directive 91/533, Art. 8(2), second para.) 3. Social policy – Approximation of laws – Employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship – Directive 91/533 (Council Directive 91/533, Art. 8(2), second para.) 1. Article 8(1) of Directive 91/533 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship must be interpreted as meaning that it does not prohibit national rules which provide that a collective agreement which is intended to transpose the provisions of the directive into national law are to apply to an employee even though he is not a member of an organisation which is a party to that agreement. (see para. 30, operative part 1) 2. The second subparagraph of Article 8(2) of Directive 91/533 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship must be interpreted as meaning that it does not prevent an employee who is not a member of a union which is a party to a collective agreement governing his employment relationship being regarded as ‘covered by’ that agreement within the meaning of the abovementioned provision. (see para. 38, operative part 2) 3. The words ‘a temporary contract or employment relationship’ in the second subparagraph of Article 8(2) of Directive 91/533 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship must be interpreted as referring to contracts and employment relationships entered into for a short period. If no norm has been laid down for that purpose in a Member State’s rules, it is for the national courts to determine the duration in each case in the light of the specific characteristics of certain sectors or certain occupations or activities. That duration must, however, be fixed so as to provide effective protection of the rights conferred on workers by the directive. (see para. 54, operative part 3)