Socha and others v Szpital Specjalistyczny im. A. Falkiewicza we Wroclawiu

Employment – Contract of services. Articles 1(1) and 2 of the Council Directive (EC) 98/59 had to be interpreted as meaning that an employer was required to engage in the consultations provided for in art 2 when it intended, to the detriment of the employees, to make a unilateral amendment to the terms of remuneration which, if refused by the employees, would result in termination of the employment relationship, to the extent that the conditions laid down in art 1(1) of that Directive were fulfilled. The Court of Justice of the European Union held that whether the conditions in art 1(1) were fulfilled was a question for the referring court.

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