# C_2012209EN.01000503.xml

| 14.7.2012 | EN | Official Journal of the European Union | C 209/5 |
| --- | --- | --- | --- |

14.7.2012

EN

Official Journal of the European Union

C 209/5

---

Reference for a preliminary ruling from the Tribunal do Trabalho do Porto, (Portugal) lodged on 29 May 2012 — Sindicato Nacional dos Profissionais de Seguros e Afins v Fidelidade Mundial — Companhia de Seguros, S.A.

(Case C-264/12)

2012/C 209/09

Language of the case: Portuguese

Referring court

Referring court

Tribunal do Trabalho do Porto

Parties to the main proceedings

Parties to the main proceedings

Applicant: Sindicato Nacional dos Profissionais de Seguros e Afins

Applicant:

Defendant: Fidelidade Mundial — Companhia de Seguros, S.A.

Defendant:

Questions referred

Questions referred

| 1. | Must the principle of equal treatment, from which the prohibition of discrimination derives, be interpreted as being applicable to public sector employees? |
| --- | --- |

1.

Must the principle of equal treatment, from which the prohibition of discrimination derives, be interpreted as being applicable to public sector employees?

| 2. | Is the non-payment by the State of previously due holiday and Christmas allowances, by means of the Lei do Orçamento de Estado para 2012, applicable only to persons employed in the public sector or by a public undertaking, contrary to the principle of prohibition of discrimination in that it discriminates on the basis of the public nature of the employment relationship? |
| --- | --- |

2.

Is the non-payment by the State of previously due holiday and Christmas allowances, by means of the Lei do Orçamento de Estado para 2012, applicable only to persons employed in the public sector or by a public undertaking, contrary to the principle of prohibition of discrimination in that it discriminates on the basis of the public nature of the employment relationship?

| 3. | Must the right to working conditions that respect dignity, laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that it is unlawful to make salary cuts without the employee’s consent, if the contract of employment is not first altered to that effect? |
| --- | --- |

3.

Must the right to working conditions that respect dignity, laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that it is unlawful to make salary cuts without the employee’s consent, if the contract of employment is not first altered to that effect?

| 4. | Must the right to working conditions that respect dignity, laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that employees have the right to fair remuneration which ensures that they and their families can enjoy a satisfactory standard of living? |
| --- | --- |

4.

Must the right to working conditions that respect dignity, laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that employees have the right to fair remuneration which ensures that they and their families can enjoy a satisfactory standard of living?

| 5. | As the suspension of payment of holiday and Christmas allowances is not the only possible measure and is not necessary and fundamental to the efforts to consolidate public finances in a serious economic and financial crisis in the country, is it contrary to the right laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union to put at risk the standard of living and the financial commitments of employees and their families who did not reckon with a reduction in their annual income in the amount of two months’ salary? |
| --- | --- |

5.

As the suspension of payment of holiday and Christmas allowances is not the only possible measure and is not necessary and fundamental to the efforts to consolidate public finances in a serious economic and financial crisis in the country, is it contrary to the right laid down in Article 31(1) of the Charter of Fundamental Rights of the European Union to put at risk the standard of living and the financial commitments of employees and their families who did not reckon with a reduction in their annual income in the amount of two months’ salary?

| 6. | Is such a reduction in the amount of two months’ salary by the Portuguese State contrary to the right to working conditions that respect dignity in that it was unforeseeable and unexpected by the employees? |
| --- | --- |

6.

Is such a reduction in the amount of two months’ salary by the Portuguese State contrary to the right to working conditions that respect dignity in that it was unforeseeable and unexpected by the employees?

| 7. | Is the abovementioned Lei do Orçamento de Estado para 2012, which establishes that the rules governing suspension of the payment of the allowances referred to above cannot be derogated from by collective regulatory agreements and takes precedence over such agreements, contrary to the right to collective bargaining? |
| --- | --- |

7.

Is the abovementioned Lei do Orçamento de Estado para 2012, which establishes that the rules governing suspension of the payment of the allowances referred to above cannot be derogated from by collective regulatory agreements and takes precedence over such agreements, contrary to the right to collective bargaining?

---