Post by account_disabled on Dec 28, 2023 6:05:05 GMT -5
Acourt has doubts as to the compliance with EU law of the interpretation given by the Sozialgericht Social Court according to which the beneficiary of the insolvency allowance would have a debt to the employer with regard to the part of his gross salary related to the tax . Thus even if the border worker still had a debt to the employer he would have to make a greater effort and would be less protected than a German worker by not paying from the credal mass which is not improbable according to the referring court.
This shows that such an interpretation could be contrary to Directive Country Email List which provides in principle a full compensation of unpaid wage claims . . The preliminary question asked Under these conditions the Superior Social Court of RhinelandPalatinate decided to suspend the trial of the case and address the following preliminary questions to the Court In the first preliminary question the referring court seeks to determine whether it is compatible with the provisions of EU law that a worker who lives in an EU member state other than.
Germany and who is not subject to income tax on the territory of insolvency allowance is fictitiously deducted from the reference salary due to him in the event of the employers insolvency the tax he would have owed if he had been subject to income tax when the worker cannot claim from the employer the part of gross salary remaining unpaid. In the second preliminary question in the event of a negative answer to the first it asks to know whether it is compatible with the provisions of EU law that the worker can claim from his employer the part of the gross salary that remains unpaid. . The Courts observations The Court finds.
This shows that such an interpretation could be contrary to Directive Country Email List which provides in principle a full compensation of unpaid wage claims . . The preliminary question asked Under these conditions the Superior Social Court of RhinelandPalatinate decided to suspend the trial of the case and address the following preliminary questions to the Court In the first preliminary question the referring court seeks to determine whether it is compatible with the provisions of EU law that a worker who lives in an EU member state other than.
Germany and who is not subject to income tax on the territory of insolvency allowance is fictitiously deducted from the reference salary due to him in the event of the employers insolvency the tax he would have owed if he had been subject to income tax when the worker cannot claim from the employer the part of gross salary remaining unpaid. In the second preliminary question in the event of a negative answer to the first it asks to know whether it is compatible with the provisions of EU law that the worker can claim from his employer the part of the gross salary that remains unpaid. . The Courts observations The Court finds.