Not exact matches
These
directives guarantee pension rights for part -
time workers, parental leave for both parents, a written contract for all
workers stating hours and earnings, amongst other things.
The financial transaction tax would be a starting point, and I think the work in
time directive, making progress on the temporary agency
workers... People say, «what is euroscepticism today» and I say that then majority of colleagues that I speak to agree with what I call growth enhancing euroscepticism — that is those powers being repatriated back that help the British economy and grow jobs.
The rest of Europe was remarkably tolerant, giving us opt - out after opt - out — there was no honour in refusing the agency
workers and working -
time directives.
The holiday allowance that UK - based
workers enjoy at the moment is as a result of the EU Working
Time Directive, which sets out exactly how many days of holiday someone is entitled to based on their contract of employment.
Spain's Tribunal Supremo (Supreme Court) asked the Court of Justice whether the EU's Working
Time Directive precluded certain Spanish legislation under which a
worker who becomes unfit for work during a period of paid annual leave is not entitled subsequently to that annual leave.
Article 7 (1) of Parliament and Council
Directive (EC) 2003/88 (concerning certain aspects of the organisation of working
time) precludes national provisions or collective agreements which provide that a
worker who was on sick leave during a period of annual leave scheduled in the annual leave planning schedule of the undertaking which employed him does not have the right, after his recovery, to take his annual leave at a
time other than that originally scheduled, if necessary outside the corresponding reference period.
The judgment concluded: «[T] he answer to the question referred is that Article 7 (1) of
Directive 2003/88 must be interpreted as precluding national provisions or collective agreements which provide that a
worker who is on sick leave during a period of annual leave scheduled in the annual leave planning schedule of the undertaking which employs him does not have the right, after his recovery, to take his annual leave at a
time other than that originally scheduled, if necessary outside the corresponding reference period.»
Due to these two approaches, the Supreme Court was inclined to think that the effect of the
Directive is that it is unlawful to discriminate against part -
time workers when a retirement pension falls due for payment; however the correct approach did not appear to the Supreme Court to be sufficiently clear.
Thus the following question was therefore referred to the CJEU: «Does
Directive 97/81, and in particular clause 4 of the Framework Agreement annexed thereto concerning the principle of nondiscrimination, require that periods of service prior to the deadline for transposing the
Directive should be taken into account when calculating the amount of the retirement pension of a part -
time worker, if they would be taken into account when calculating the pension of a comparable full -
time worker?»
The case concerns the refusal by the Ministry of Justice to pay Mr O'Brien a pension in respect of his service as a Recorder, which is alleged to be discrimination contrary inter alia to the Part -
time Workers Directive («PTWD»).
The Working
Time Directive (WTD) provides for all EU
workers to receive at least 4 weeks paid annual leave a year.
In Ville de Nivelles v Matzak (C - 518 / 15) the European Court of Justice determined that
time spent on stand - by counts as working time under the Working Time Directive when the obligations placed on a worker during that stand - by time significantly restrai
time spent on stand - by counts as working
time under the Working Time Directive when the obligations placed on a worker during that stand - by time significantly restrai
time under the Working
Time Directive when the obligations placed on a worker during that stand - by time significantly restrai
Time Directive when the obligations placed on a
worker during that stand - by
time significantly restrai
time significantly restrain...
Case C - 518 / 15 Matzak v Town of Nivelles: preliminary reference concerning the application of the Working
Time Directive to «on call» emergency
workers.
The European Working
Time Directive supplies our modern limits: workers» rights to rest breaks, daily rest, weekly rest, maximum weekly working time and annual leave, which form an increasing part of all employment lawyers» workl
Time Directive supplies our modern limits:
workers» rights to rest breaks, daily rest, weekly rest, maximum weekly working
time and annual leave, which form an increasing part of all employment lawyers» workl
time and annual leave, which form an increasing part of all employment lawyers» workload.
The rights of such
workers are contained not in the main European Working
Time Directive or the WTR but in a separate Road Transport Working
Time Directive and in the Road Transport (Working
Time) Regulations 2005 (SI 2005/639)(RTR).
The Working
Time Directive gives all
workers the right to a minimum 28 day of paid holidays each year, a 20 minute rest breaks after 6 hours work, rest of at least 11 hours in any 24 hours; restricts excessive night work; 24 hours off after seven day of work; and provides for a right to work no more than 48 hours per week over a cycle.
The European Court importantly reminds us that the Working
time Directive is vital health and safety protection for millions and millions of
workers across the UK.
A second decision of the ECJ in Laval Ltd v Svenska Byggadarbetareforbundet C - 341 / 05 [2007] All ER (D) 278 (Dec)(given by the same bench a week after that in Viking Line) shows another potential threat to inter-state industrial action by trade unions, this
time under Art 49 on freedom to provide services (taken alongside the Posted
Workers Directive 96 / 71 / EC).