The employer cannot make depend a right derivated from the employment relationship with the end of a maternity leave

The Court of Justice of the European Communities ruled on a lawsuit that opposed a Spanish public health institution to one of its female public servants who asked for her maternity leave to be taken into consideration in the calculation of her seniority. (Ref. 06158)
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

The applicant, a former temporary servant, was appointed to an official post after passing an exam. She was supposed to take her post while she was on maternity leave, so she requested that the period for taking up the post be extended until the end of that leave and at the same time that the period of maternity leave be taken into consideration for the purpose of calculating her seniority even if the regulation applying considers the taking-up of the post by the official as necessary for the

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
The major trends of 2026
New regulations coming into force, economic uncertainty, evolving skills requirements… More than ever, the HR function will play a strategic role within organizations in 2026. mind HR...
Germany: collective bargaining negotiations begin in chemical industry
Collective bargaining talks in Germany’s chemical and pharmaceutical industries are due to open this week, covering nearly 580,000 employees across around 1,700 companies. With the sector facing...
3 February 2026
Argentina: labour law reform debate kicks off
Argentina’s Congress has begun debating President Javier Milei’s highly contentious labour reform package, which includes proposals to scrap overtime pay, curb the right to strike and give...
3 February 2026
France: Uber ordered to pay €1.7 billion for undeclared work
According to the publication Revue21, the employer contributions collection agency (URSSAF) has sent a 142-page document to the ride-hailing platform Uber demanding the sum of €1.7 billion...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Germany: government seeks to facilitate immigration of skilled Indian workers
During a visit to India earlier this week, German Chancellor Friedrich Merz addressed the strategic importance of attracting Indian workers to Germany, signing a series of cooperation agreements...
2
France: 2026 budget expected to maintain employer contribution relief
On 19 January 2026, French Prime Minister Sébastien Lecornu decided to invoke Article 49.3 of the Constitution to pass France's 2026 budget without a vote in the National Assembly. Three days...
3
EU: Cyprus unveils its six-month presidency programme
Cyprus has set out its priorities for its six-month presidency of the Council of the EU. On the social front, the centre-right government will focus on the Union of Skills, which aims to boost...
4
Informal economy and slow wage growth hamper decent work, ILO says
The International Labour Organisation published its Employment ans Social Trends 2026 on 14 January. It anticipates unemployment stabilising in 2026 and employment growth of 1%, driven by...