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and qualification/skills. Where there is no comparable full-time worker in the same establishment, the comparison shall be made by reference to the applicable collective agreement or, where there is no applicable collective agreement, in accordance with national law, collective agreements or
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Clause 3(2) defines the term "comparable full-time worker" as "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
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Clause 4(1) says that "n respect of employment conditions, part-time workers shall not be treated in a less favourable manner than comparable full-time workers solely because they work part-time unless different treatment is justified on objective grounds." Clause 4(4) adds that through
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the House of Lords found that a group of part-time and full-time firefighters were comparable, even though the job responsibilities of the part-time firefighters did not include the administrative work that was expected of the full-time staff.
105:. Clause 5(3) says that employers should give consideration to job transfer requests in and out of part-time work, provide information to worker representatives about vacancies in and out of part-time work, facilitate access to it, and provide
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Clause 5(1) says that member states should identify and review obstacles to part-time work. Clause 5(2) states that a worker's refusal to transfer from full to part-time work, or vice versa, should not be a reason for
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Clause 6(1) makes it explicit that individual member states are allowed to apply the
Directive in ways that are more favourable to part-time workers, beyond the minimum terms defined in the Directive.
224:"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"
49:, it aims 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.
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Recital 16 also clarifies that any undefined terms in the
Directive should be defined ‘in accordance with national law and practice’.
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A Manning and B Petrongolo, ‘The Part-Time Pay
Penalty for Women in Britain’ (2008) 118 The Economic Journal F28
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implemented the
Directive in UK law, without any appearance of going beyond the minimum. In the leading case,
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97:, social partners can apply conditions for access based on length of service, time worked, or earnings.
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Article 1 of the
Directive states its purpose: to enforce the framework agreement between the
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for objective reasons, with the condition that the member state must consult
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Part-time
Workers (Prevention of Less Favourable Treatment) Regulations 2000
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Clause 2(2) says that member states can exclude some categories of
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R (Seymour-Smith and Perez) v
Secretary of State for Employment
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Aileen McColgan, ‘Missing The Point?’ (2000) 29 ILJ 260, 267
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M Jeffrey, ‘Not Really Going to Work?’ (1998) 27 ILJ 193
158:Matthews v Kent & Medway Towns Fire Authority
139:Wippel v Peek & Cloppenburg GmbH & Co KG
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134:2 CMLR 273 IRLR 253(C-167/97) and IRLR 263
65:. This gives rise to various provisions on
201:ILO Part-Time Work Recommendation 1994 (
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7:
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177:Sharma v Manchester City Council
80:before applying the exclusions.
69:worker rights in the Directive.
192:Part-Time Work Convention 1994
169:McMenemy v Capita Business Ltd
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18:Part-Time Workers Directive
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298:1997 in the European Union
293:European Union labour law
288:United Kingdom labour law
43:Fixed-term Work Directive
33:97/81/EC is one of three
31:Part-time Work Directive
27:European Union Directive
303:1997 in labor relations
109:to part-time workers.
95:collective agreements
61:, the UNICE, and the
47:Agency Work Directive
142:IRLR 211 (C-313/02)
107:vocational training
255:UKHL 8, IRLR 367
16:(Redirected from
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39:atypical work
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308:1997 in law
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89:practice."
282:Categories
263:References
233:2024-06-03
67:fixed-term
103:dismissal
86:seniority
185:See also
180:IRLR 336
172:IRLR 400
45:and the
228:EUR-Lex
53:Content
203:no 182
210:Notes
196:c 175
190:ILO
151:The
63:CEEP
59:ETUC
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226:.
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205:)
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194:(
160:,
20:)
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