Part-Time Work (EU) 1


Part-Time Work (EU) 1 :

The EU Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time working concluded by the general cross industry organizations European Trade Union Confederation (ETUC), European Centre of Enterprises with Public Participation (CEEP) and Union of Industrial and Employers Confederations of Europe (UNICE) is intended to ensure that workers concerned by the new forms of flexible working receive comparable treatment to full-time staff on open-ended contracts. The purpose of the agreement is to eliminate discrimination against part-time workers and to improve the quality of part-time work. The agreement also aims to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organization of working time in a manner that takes into account the needs of employers and workers. The agreement applies to part-time workers who have an employment contract or employment relationship as defined by the laws, collective agreements or practices in force in each European Union (EU) Member State. A part-time worker is defined as an employee whose normal hours of work, calculated on a weekly basis or on average over a period of employment of up to one year, are less than the normal hours of work of a comparable full-time worker. A comparable full-time worker is defined 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. In 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. EU Member States after consulting the social partners may, where appropriate, make access to particular conditions of employment subject to a period of service, time worked or earnings qualifications. After consulting the social partners, they should identify and review obstacles that may limit the opportunities for part- time work and, where appropriate, eliminate them. A worker's refusal to transfer from full-time to part-time work or vice versa should not in itself constitute a valid reason for dismissal. Wherever possible, employers should give consideration to: (1) requests by workers to transfer from full-time to part-time work that becomes available in the establishment; (2) requests by workers to transfer from part-time to full-time work or to increase their working time should the opportunity arise; (3) the provision of timely information on the availability of part-time and full- time jobs in the establishment; (4) measures to facilitate access to part-time work at all levels of the enterprise; the provision of appropriate information to workers representatives about part-time working in the enterprise. EU Member States and/or social partners can maintain or introduce more favourable provisions than set out in the agreement. Implementation of the provisions of the agreement does not constitute valid grounds for reducing the general level of protection afforded to workers in the field of the agreement. Member States must bring into force the laws, regulations and administrative provisions necessary to comply with the Directive within two years of its entry into force, or ensure that the social partners have, by that date, introduced the necessary measures by agreement. The Member States may have a maximum of one more year, if this is necessary to take account of special difficulties or implementation by a collective agreement. They must inform the Commission forthwith in such circumstances. See: Part-time work (ILO). Part-time work (ILO): According to ILO Convention No. 175 (1994): the term part-time worker means an employed person whose normal hours of work are less than those of comparable full-time workers; the normal hours of work referred to in subparagraph may be calculated weekly or on average over a given period of employment; the term comparable full-time worker refers to a full-time worker who: has the same type of employment relationship; is engaged in the same or a similar type of work or occupation; and is employed in the same establishment or, when there is no comparable full-time worker in that establishment, in the same enterprise or, when there is no comparable full-time worker in that enterprise, in the same branch of activity as the part-time worker concerned; full-time workers affected by partial unemployment, that is by a collective and temporary reduction in their normal hours of work for economic, technical or structural reasons, are not considered to be part-time workers. This Convention applies to all part-time workers, it being understood that a an ILO Member State may exclude wholly or partly from its scope particular categories of workers or of establishments when its application to them would raise particular problems of a substantial nature. Measures shall be taken to ensure that part-time workers receive the same protection as that accorded to comparable full-time workers in respect of: the right to organize, the right to bargain collectively and the right to act as workers representatives; occupational safety and health; Discrimination in employment and occupation. Statutory social security schemes based on occupational activity shall be adapted so that part-time workers enjoy conditions equivalent to those of comparable full-time workers; these conditions may be determined in proportion to hours of work, contributions or earnings, or through other methods consistent with national law and practice. Measures shall be taken to ensure that part-time workers receive conditions equivalent to those of comparable full-time workers in the fields of: (1) maternity protection; (2) termination of employment; (3) paid annual leave and paid public holidays; and (4) Sick leave, it being understood that pecuniary entitlements may be determined in proportion to hours of work or earnings. Part-time workers whose hours of work or earnings are below specified thresholds may be excluded by a Member State: from the scope of any of the statutory social security schemes, except in regard to employment injury benefits; from the scope of any of the measures taken in specific fields, except in regard to maternity protection measures other than those provided under statutory social security schemes. The thresholds referred to above shall be sufficiently low as not to exclude an unduly large percentage of part-time workers. See: Part-time work (EU); Working time (organization of)

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