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Part-time Workers Directive
Part-time Work Directive''97/81/ECis one of three EU Directives that regulate atypical work. Alongside the Fixed-term Work Directive and the Agency Work Directive, its aim is 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 the various provisions on fixed-term worker rights in the Directive. *clause 2(2) says member states can exclude for objective reasons some categories of casual workers, after consulting social partners. *clause 3(2) ‘The term ‘comparable full-time worker’ means 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 seniorit ...
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EU Directives
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. Justification There are justifications for using a directive rather than a ...
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Fixed-term Work Directive
The Fixed-term Work Directive''99/70/ECis one of three EU Directives that regulate atypical work. Alongside the Part-time Work Directive and the Agency Work Directive its aim is 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. Fixed-term work contracts purport to be of limited duration, but staff with such contracts can claim that they are permanent after a maximum of four years. Member states in the European union can, and usually do, go beyond the minimum. 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 the various provisions on fixed-term worker rights in the Directive. *clause 3(1) states that a fixed term worker is ‘a person having an employment contract or relationship entered into directly between an employer and a worker where the end of the employment rela ...
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Agency Work Directive
The Temporary Agency Work Directive''2008/104/ECis an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is the third piece of legislation in the European Union's employment law package to protect atypical working (the others being for part-time workers and fixed-term workers). Though it was proposed in 2002, the British, German, Danish and Irish governments blocked its enactment until 2008. Provisions The Directive on temporary agency work includes two main principles, which are at the same time at the centre of a balanced approach to regulation on temporary agency work: Article 4 sets clear limits to prohibitions and restrictions that may be imposed on the use of temporary agency work. These are only justified on grounds related to the protection of temporary agency workers, to ensure that the labour market functions properly and that abuse ...
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R (Seymour-Smith And Perez) V Secretary Of State For Employment
''R (Seymour-Smith) v Secretary of State for Employment'' [2000UKHL 12and (1999C-167/97is a landmark case in United Kingdom labour law and European labour law on the qualifying period of work before an employee accrues unfair dismissal rights. It was held by the House of Lords and the European Court of Justice that a two-year qualifying period had a disparate impact on women given that significantly fewer women worked long enough to be protected by the unfair dismissal law, but that the government could, at that point in the 1990s, succeed in an objective justification of increasing recruitment by employers. Facts Ms Nicole Seymour-Smith and Ms Perez had made a claim against the Secretary of State for Employment that the United Kingdom's qualifying period of two years for unfair dismissal constituted indirect discrimination against women under the Treaty of the European Union, article 119 (now TFEU art 157) and the Equal Treatment Directive 76/207/EEC. Ms Seymour-Smith was dismi ...
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Part-time Workers (Prevention Of Less Favourable Treatment) Regulations 2000
The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000SI 2000/1551is a UK labour law measure which requires that employers give people on part-time contracts comparable treatment to people on full-time contracts who do the same jobs. It implements the Part-time Work Directive 97/81/EC, and forms part of the European Union's programme to combat discrimination of atypical workers. Because the large majority of part-time workers are female, it is also an important attempt to combat sex discrimination. Texts of EU and UK legislation Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work**Implemented under Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP**Implemented under Fi ...
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Matthews V Kent & Medway Towns Fire Authority
''Matthews v Kent & Medway Towns Fire Authority'' 006UKHL 8is a UK labour law case concerning discrimination of part-time workers, and justifications. Facts Part and full-time fire fighters were being paid differently, and claimed unlawful discrimination under the PTWR 2000. Full-time firefighters responded to emergencies and were engaged in educational, preventive and administrative tasks, while part-time firefighters did not do the administrative work. The Employment Tribunal held that the full-time firefighters fell under regulation 2(3)(a) and the part-time firefighters under regulation 2(3)(d), nor did they do broadly similar work under regulation 4(a)(ii). The EAT upheld the Tribunal. The Court of Appeal held that they had had the same kind of contract under regulation 2(3), because the categories were meant to be mutually exclusive. However, the appeal was still dismissed because the firefighters did not do the same or broadly similar work under regulation 4(a). Judgment ...
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McMenemy V Capita Business Ltd
McMenemy is a surname. Notable people with the surname include: * Dorian McMenemy (born 1996), Dominican Republic swimmer * Frank McMenemy (1910–1976), Scottish footballer *Harry McMenemy (1912–1997), Scottish footballer *Jimmy McMenemy (1880–1965), Scottish footballer * John McMenemy (1908–1983), Scottish footballer *Lawrie McMenemy Lawrence McMenemy MBE (born 26 July 1936) is an English retired football coach, best known for his spell as manager of Southampton. He is rated in the ''Guinness Book of Records'' as one of the twenty most successful managers in post-war Englis ... (born 1936), English footballer and manager * Neil McMenemy (born 1967), Scottish triple jumper * Shayne McMenemy (born 1976), Australian rugby league player * Simon McMenemy (born 1977), English football manager {{surname ...
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Sharma V Manchester City Council
Sharma is a Brahmin Hindu surname in India and Nepal. The Sanskrit stem ( nom. ) can mean 'joyfulness', 'comfort', 'happiness'. Sarma is an alternative English spelling of the name. Some Assamese Brahmins use Sarmah. According to Bhavishya Purana, Sensharma or Sharma is the first Brahmin surname. Avatar of Vishnu Parashurama gave this title to King Jaisen. People Notable people with the surname Sharma, Sarma or Sarmah include: A * Abhishek Sharma (other), several people *Adah Sharma, Indian actress *Aditi Sharma (actress, born 1983), Indian film and TV actress *Aditi Sharma (actress, born 1996), Indian TV actress * Aditi Sharma (cricketer), Indian cricketer * Agni Sharma (Valmiki), Indian author *Aham Sharma, Indian film and TV actor *Ajay Sharma (1988–1993), Indian cricketer * Akash Sharma, Indian cricketer * Akki Sharma, Nepalese visual effect artist *Alok Sharma, British politician with the Conservative Party in the United Kingdom * Alok Sharma (cricketer), ...
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Part-Time Work Convention 1994
Part-Time Work Convention, 1994 is an International Labour Organization Convention for protection of part-time workers including the rights to equal pay for equal work. It was established in 1994, with the preamble stating: Recognizing the importance of productive and freely chosen employment for all workers, the economic importance of part-time work, the need for employment policies to take into account the role of part-time work in facilitating additional employment opportunities, and the need to ensure protection for part-time workers in the areas of access to employment, working conditions and social security, and Having decided upon the adoption of certain proposals with regard to part-time work,... Ratifications As of November 2022, the convention has been ratified by 18 states: Albania, Australia, Belgium, Bosnia and Herzegovina, Cyprus, Finland, Guatemala, Guyana, Hungary, Italy, Luxembourg, Mauritius, Netherlands, Portugal, Russia, Slovenia, Sudan and Sweden ...
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United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can vote for the directors of th ...
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European Union Labour Law
European, or Europeans, or Europeneans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** Citizenship of the European Union ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (disam ...
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