The Influence of the Practice of the European Court of Justice on Part-Time Work Regulation Developments

Ramunė Guobaitė-Kirslienė

Abstract


The article deals with the main provisions concerning the protection of the rights of part-time employees provided for in the present European Community law as a result of a continuous legal practice of the European Court of Justice. The author compares the provisions of the European social partners’ Agreement on Part- time Work and Jurisprudence of the Court in
order to find out to what extent the practice of the Court has impacted the present part-time work regulation. The results of the analysis of various cases of the Court allow to conclude that the decisions of the Court have had a substantial effect on the content of the Agreement. It is concluded that in comparison with the jurisprudence of the Court, European social partners
have not made any further developments in the regulation of the protection of part-time employees’ rights. Therefore, it can be stated that the Court has influenced part-time work regulation and the protection of the rights of part-time employees under the present European Community Labour Law. Even if the Court’s jurisprudence in this field is based only on the application of the principle of non-discrimination on the basis of gender, its role remains the most important because of the reasons mentioned above.

Keywords


part-time work; part-time employee; non-discrimination on the basis of gender

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236