BRUSELAS, 19 Oct. (EUROPA PRESS) –
The Court of Justice of the European Union (CJEU) has endorsed this Thursday adapting the threshold for activating overtime for part-time workers in proportion to the work time performed since it considers that they have a much greater workload and comply with much less frequently the requirements to be entitled to complementary remuneration than their colleagues who work full time.
In its ruling this Thursday, the Court points out that, when providing services, part-time workers perform the same functions as workers hired by the same employer full-time or occupy the same position as them and considers, therefore, that The situations of these two categories of workers are comparable.
Likewise, it has pointed out that the existence of identical thresholds for activating complementary remuneration represents, for part-time workers, a higher activity time than that of full-time employees in relation to their total working time.
The CJEU has thus responded to a query from the German Supreme Labor Court after a part-time Lufthansa CityLine pilot who asked to reduce the thresholds taking into account the number of working hours and considered that he was entitled to additional remuneration, since it would exceed the activation thresholds if they were reduced in proportion to the work time performed.
In response, European justice has pointed out that national rules that require a part-time worker to perform the same number of working hours as a full-time worker to obtain additional remuneration constitute discrimination prohibited by Union law.
The Court has held that such national rules lead to less favorable treatment of part-time pilots, which is contrary to Union law, unless such treatment is justified by an objective reason.
