Keywords

Summary



Keywords

1. European Union law – Principles – Fundamental rights – Social rights

(Art. 136, first para., EC; FEU Treaty, recital 3; Council Directive 97/81, Annex, clause 4)

2. Social policy – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Directive 97/81

(Art. 141 EC; Council Directive 97/81, Annex, clause 4, point 1)

3. Social policy – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Directive 97/81

(Council Directive 97/81, Annex, clause 4)

4. Social policy – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Directive 97/81

(Council Directive 97/81, Annex, clauses 1, 4 and 5(1))

Summary

1. The Framework Agreement on part‑time work concluded by UNICE, CEEP and the ETUC, annexed to Directive 97/81, in particular clause 4, pursues an aim which is in line with the fundamental objectives enshrined in Article 1 of the agreement on social policy, set out in the first paragraph of Article 136 EC, the third recital in the preamble to the TFEU and paragraph 7 and the first subparagraph of paragraph 10 of the Community Charter of the Fundamental Social Rights of Workers, to which the abovementioned provision of the EC Treaty refers. Those fundamental objectives are associated with the improvement in living and working conditions and with the existence of proper social protection for workers. In particular, they are directed at improving working conditions for part-time workers and ensuring that they are protected from discrimination.

In the light of those objectives, clause 4 of the Framework Agreement must be interpreted as articulating a principle of European Union social law that may not be interpreted restrictively.

(see paras 30, 32)

2. The term ‘employment conditions’ within the meaning of clause 4(1) of the Framework Agreement on part‑time work concluded by UNICE, CEEP and the ETUC, annexed to Directive 97/81, covers pensions that depend on an employment relationship between worker and employer, excluding statutory social security pensions, which are determined less by that relationship than by considerations of social policy.

The only possible decisive criterion is whether the retirement pension is paid to the worker by reason of the employment relationship between him and his former employer, that is to say, the criterion of employment, which is based on the wording of Article 141 EC itself. However, that criterion cannot be regarded as exclusive, since pensions paid under statutory social security schemes may reflect, wholly or in part, pay in respect of work. However, considerations of social policy, of State organisation, of ethics, or even the budgetary concerns which influenced or may have influenced the establishment by the national legislature of a scheme cannot prevail if the pension concerns only a particular category of workers, if it is directly related to the period of service completed or if its amount is calculated by reference to the last salary.

In order to determine whether a retirement pension falls within the scope of the Framework Agreement, the national court, which alone has jurisdiction to assess the facts in the cases before it and to interpret the national legislation applicable, must consider whether the pension satisfies the three conditions set out above.

(see paras 42, 46-48)

3. With regard to retirement pensions, clause 4 of the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, annexed to Directive 97/81, must be interpreted as precluding national legislation which, for vertical-cyclical part-time workers, disregards periods not worked in calculating the period of service required to qualify for such a pension, unless such a difference in treatment is justified on objective grounds.

The principle of pro rata temporis is not applicable for the purpose of determining the date required to acquire pension rights, since that depends solely on the worker’s length of service. The length of service is, in fact, the actual duration of the employment relationship and not the amount of time worked during that period. In accordance with the principle of non-discrimination as between full-time and part-time workers, therefore, the period of service taken into account for the purpose of determining the date on which a worker becomes entitled to a pension should be calculated for a part-time worker as if he had held a full-time post, periods not worked being taken into account in their entirety.

(see paras 66, 75, operative part 1)

4. If a national court, which alone has jurisdiction to assess the facts in the cases before it and to interpret the national legislation applicable, reached the conclusion that national legislation is incompatible with clause 4 of the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, annexed to Directive 97/81, clauses 1 and 5(1) of the agreement would have to be interpreted as also precluding such legislation.

(see paras 48, 81, operative part 2)