08 Oct European Court of Justice – October 2026
Reference for a preliminary ruling – Social policy – Employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship – Directive 91/533/EEC – Article 8(1) – Defence of rights – Scope of that provision – Protection of the rights conferred by that directive – Article 3 – Right of the employee to receive a document containing information on the essential of the contract or employment relationship).
ECJ, 24 September 2026, Case C 369/25, Trenitalia and INPS
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Article 8(1) of Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship must be interpreted as meaning that the concept of ‘rights’, for the purposes of that provision, covers only rights conferred by the directive, such as the right of the employee to receive one of the documents listed in Article 3 thereof, with the result that that concept does not include rights conferred by the contract or employment relationship of which the employer must, by means of such a document, inform the employee under Article 2 of that directive.
