2014/10 All-in wages for small part-timers not prohibited (NL)

The defendant in this case stopped paying its “small” part-time employees (those with contracts not exceeding 12 hours per week) their salary during paid annual leave, instead of paying them a higher “all-in” (or “rolled up”) hourly wage. Two unions challenged this change as being at odds with the law, but the court found in favour of the defendant.

ECJ 13 June 2013, case C-415/12 (Bianca Brandes – v – Land Niedersachsen), Working time and paid leave

Ms Brandes formerly worked five days a week. On account of maternity  and parental leave she...

ECJ 13 June 2013, case C-415/12 (Bianca Brandes – v – Land Niedersachsen), Working time and paid leave

Ms Brandes formerly worked five days a week. On account of maternity  and parental leave she...

2013/29 Obligation to wear uniform during breaks does not disqualify those breaks as unpaid “rest breaks” (CZ)

This case turns on the distinction (existing also under EU law) between a regular break and a period, not being a regular break (“a reasonable period of time for food and rest”), during which the employee does not work. The distinction was relevant in this case concerning police officers, because, in accordance with Czech law, employees are not entitled to pay during regular breaks but are entitled to pay during “reasonable periods for food and rest”, and the police officers considered their breaks to be such reasonable periods. Was the fact that they continued to wear their uniforms and weapons during breaks relevant? The Supreme Court replied in the negative.

2013/29 Obligation to wear uniform during breaks does not disqualify those breaks as unpaid “rest breaks” (CZ)

This case turns on the distinction (existing also under EU law) between a regular break and a period, not being a regular break (“a reasonable period of time for food and rest”), during which the employee does not work. The distinction was relevant in this case concerning police officers, because, in accordance with Czech law, employees are not entitled to pay during regular breaks but are entitled to pay during “reasonable periods for food and rest”, and the police officers considered their breaks to be such reasonable periods. Was the fact that they continued to wear their uniforms and weapons during breaks relevant? The Supreme Court replied in the negative.

ECJ 21 February 2013, case C-194/12 (Concepción Maestre García - v - Centros Comerciales Carrefour SA), Working time and leave, Paid leave

Ms  Maestre  Garcia  was  on  sick  leave  from  4 ...

ECJ 21 February 2013, case C-194/12 (Concepción Maestre García - v - Centros Comerciales Carrefour SA), Working time and leave, Paid leave

Ms  Maestre  Garcia  was  on  sick  leave  from  4 ...

2013/31 Supreme Court rules on duration, continuity and burden of proof in respect of daily rest breaks (FR)

Every employee who has worked at least six hours on one day (even discontinuously) is entitled to take a continuous break of 20 minutes, which cannot be replaced by two separate shorter paid breaks. The employer is responsible for bringing forward the evidence that he has provided this rest break.

2013/31 Supreme Court rules on duration, continuity and burden of proof in respect of daily rest breaks (FR)

Every employee who has worked at least six hours on one day (even discontinuously) is entitled to take a continuous break of 20 minutes, which cannot be replaced by two separate shorter paid breaks. The employer is responsible for bringing forward the evidence that he has provided this rest break.

2013/2 Part time judges entitled to pensions on terms equivalent to full timers (UK)

Part time judges are in an employment relationship within the meaning of Directive 97/81/EC on part time work and must be treated as ‘workers’. This entitles them to be paid in the same way as full time workers, including pension entitlement.