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9 - The Part-time Work Directive: a facilitator of national reforms

Published online by Cambridge University Press:  22 September 2009

Gerda Falkner
Affiliation:
Institut für Höhere Studien, Wien
Oliver Treib
Affiliation:
Institut für Höhere Studien, Wien
Miriam Hartlapp
Affiliation:
Max-Planck-Institut für Gesellschaftsforschung, Cologne
Simone Leiber
Affiliation:
Wirtschafts- und Sozialwissenschaftliches Institut in der Hans-Böckler-Stiftung, Düsseldorf
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Summary

Aim and content of the Directive

Following the arrangement on parental leave, the Part-time Work Directive was the second EU social policy measure that stemmed from a framework agreement drawn up by the European-level social partners UNICE, CEEP and ETUC. Like its predecessor, the Directive rendered the social partner agreement generally binding without changing the substance.

The general aim of the Part-time Work Directive is twofold. On the one hand, it aims to ‘provide for the removal of discrimination against part-time workers and to improve the quality of part-time work’, while on the other hand it seeks to ‘facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time’ (clause 1). Hence, the agreement combines classical social aspirations (to outlaw discrimination against part-time workers and to improve their working conditions) with a wider economic objective (to improve the flexibility and performance of the labour market by stimulating the use of part-time work).

The Part-time Work Directive lays down one broad compulsory minimum standard. It stipulates that with regard to working conditions, part-time workers may not be treated less favourably than comparable full-time workers unless such unequal treatment is objectively justified. Where appropriate, the benefits of part-time workers are to be determined on a pro rata temporis basis (clause 4).

Type
Chapter
Information
Complying with Europe
EU Harmonisation and Soft Law in the Member States
, pp. 159 - 177
Publisher: Cambridge University Press
Print publication year: 2005

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