CELEX: 62018CA0366
Language: en
Date: 2019-09-18 00:00:00
Title: Joined Cases C-366/18: Judgment of the Court (Sixth Chamber) of 18 September 2019 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Madrid — Spain) — José Manuel Ortiz Mesonero v UTE Luz Madrid Centro (Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave — National legislation making the granting of parental leave conditional on a reduction in working time, with a proportional reduction in pay — Shift work with variable hours — Request of the worker to perform his work at a fixed schedule to care for his minor children — Directive 2006/54/EC — Equal opportunities and equal treatment of men and women in employment and occupation — Indirect discrimination — Partial inadmissibility)

25.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/14
            
         
      Judgment of the Court (Sixth Chamber) of 18 September 2019 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Madrid — Spain) — José Manuel Ortiz Mesonero v UTE Luz Madrid Centro
      (Joined Cases C-366/18) (1)
      
      (Reference for a preliminary ruling - Social policy - Directive 2010/18/EU - Revised Framework Agreement on parental leave - National legislation making the granting of parental leave conditional on a reduction in working time, with a proportional reduction in pay - Shift work with variable hours - Request of the worker to perform his work at a fixed schedule to care for his minor children - Directive 2006/54/EC - Equal opportunities and equal treatment of men and women in employment and occupation - Indirect discrimination - Partial inadmissibility)
      (2019/C 399/15)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de lo Social No 33 de Madrid
      
         Parties to the main proceedings
      
      
         Applicant): José Manuel Ortiz Mesonero
      
         Defendant: UTE Luz Madrid Centro
      
         Operative part of the judgment
      
      Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC must be interpreted as not applying to national legislation, such as that at issue in the main proceedings, which provides for a worker’s right, in order to take direct care of minors or dependent family members, to reduce his ordinary hours of work, with a proportional reduction in his salary, without being able, when his usual work system is in shifts with a variable schedule, to benefit from a fixed working schedule while maintaining his ordinary hours of work.
      
         (1)  OJ C 294, 20.08.2018.