Part-time Work Directive 1997
   HOME

TheInfoList



OR:

Part-time Work Directive 97/81/EC is one of three EU Directives that regulate atypical work. Alongside the Fixed-term Work Directive and the Agency Work Directive, it aims to ensure that people who have not contracted for permanent jobs are nevertheless guaranteed a minimum level of equal treatment compared to full-time permanent staff.


Content

Article 1 of the Directive states its purpose: to enforce the framework agreement between the ETUC, the UNICE, and the CEEP. This gives rise to various provisions on fixed-term worker rights in the Directive. Clause 2(2) says that member states can exclude some categories of casual workers for objective reasons, with the condition that the member state must consult social partners before applying the exclusions. Clause 3(2) defines the term "comparable full-time worker" as "a full-time worker in the same establishment having the same type of employment contract or relationship, who is engaged in the same or a similar work/occupation, due regard being given to other considerations which may include
seniority Seniority is the state of being older or placed in a higher position of status relative to another individual, group, or organization. For example, one employee may be senior to another either by role or rank (such as a CEO vice a manager), or by ...
and qualification/skills. Where there is no comparable full-time worker in the same establishment, the comparison shall be made by reference to the applicable collective agreement or, where there is no applicable collective agreement, in accordance with national law, collective agreements or practice." Clause 4(1) says that " respect of employment conditions, part-time workers shall not be treated in a less favourable manner than comparable full-time workers solely because they work part-time unless different treatment is justified on objective grounds." Clause 4(4) adds that through collective agreements, social partners can apply conditions for access based on length of service, time worked, or earnings. Clause 5(1) says that member states should identify and review obstacles to part-time work. Clause 5(2) states that a worker's refusal to transfer from full to part-time work, or vice versa, should not be a reason for dismissal. Clause 5(3) says that employers should give consideration to job transfer requests in and out of part-time work, provide information to worker representatives about vacancies in and out of part-time work, facilitate access to it, and provide
vocational training Vocational education is education that prepares people for a Skilled worker, skilled craft. Vocational education can also be seen as that type of education given to an individual to prepare that individual to be gainfully employed or self em ...
to part-time workers. Clause 6(1) makes it explicit that individual member states are allowed to apply the Directive in ways that are more favourable to part-time workers, beyond the minimum terms defined in the Directive. Recital 16 also clarifies that any undefined terms in the Directive should be defined ‘in accordance with national law and practice’.


Implementation


EU case law

*'' R (Seymour-Smith and Perez) v Secretary of State for Employment'' 9992 CMLR 273 999IRLR 253(C-167/97) and
000 Triple zero, Zero Zero Zero, 0-0-0 or variants may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * 000, the size of several small List of screw drives, screw drives * 0-0-0, a Droid (Star Wars)#0-0-0, dro ...
IRLR 263 *'' Wippel v Peek & Cloppenburg GmbH & Co KG'' 005IRLR 211 (C-313/02)


United Kingdom

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 implemented the Directive in UK law, without any appearance of going beyond the minimum. In the leading case, '' Matthews v Kent & Medway Towns Fire Authority,''
006 Alec Trevelyan is a fictional character who is the main antagonist in the 1995 James Bond film ''GoldenEye,'' portrayed by actor Sean Bean. Bean's likeness was also used as the model for Alec Trevelyan in the 1997 video game '' GoldenEye 007' ...
UKHL 8,
006 Alec Trevelyan is a fictional character who is the main antagonist in the 1995 James Bond film ''GoldenEye,'' portrayed by actor Sean Bean. Bean's likeness was also used as the model for Alec Trevelyan in the 1997 video game '' GoldenEye 007' ...
IRLR 367
the House of Lords found that a group of part-time and full-time firefighters were comparable, even though the job responsibilities of the part-time firefighters did not include the administrative work that was expected of the full-time staff. *'' McMenemy v Capita Business Ltd''
007 The ''James Bond'' franchise focuses on James Bond (literary character), the titular character, a fictional Secret Intelligence Service, British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels ...
IRLR 400 *'' Sharma v Manchester City Council''
008 008, OO8, O08, or 0O8 may refer to: * "008", a fictional 00 Agent In Ian Fleming's James Bond novels and the derived films, the 00 Section of MI6 is considered the secret service's elite. A 00 (pronounced "Double O") is a field agent who ho ...
IRLR 336


See also

*ILO Part-Time Work Convention 1994
c 175
*ILO Part-Time Work Recommendation 1994
no 182


Notes

{{Reflist


References

*A Manning and B Petrongolo, ‘The Part-Time Pay Penalty for Women in Britain’ (2008) 118 The Economic Journal F28 *M Jeffrey, ‘Not Really Going to Work?’ (1998) 27 ILJ 193 *Aileen McColgan, ‘Missing The Point?’ (2000) 29 ILJ 260, 267 United Kingdom labour law European Union labour law 1997 in the European Union 1997 in labor relations 1997 in law