Egyetlen párt bochum
Schockweiler, President of the Chamber, P. Kapteyn, G. Mancini, C. Kakouris and J. Darmon, Registrar: H. The women claim that they are entitled to overtime supplements for hours worked in addition to their individual working hours at the same rate as that applicable for overtime worked by full-time employees in addition to normal working hours.
Under the relevant collective agreements full-time or part-time employees are entitled to overtime supplements only for time worked in addition to the ordinary working hours laid down by those agreements, but part-time employees are not entitled to the supplements for hours they work over and above their oldal csecsen találkozó working hours.
Is there 'indirect discrimination'and thus an infringement egyetlen párt bochum Article of the EEC Treaty, where a collective wage agreement for the public service in the Federal Republic of Germany ' the BAT' provides for the payment of overtime supplements only for hours worked in excess of the normal working hours laid down in the collective agreement, thus excluding from any payment of overtime supplements persons employed under individual agreements for fewer than the normal working hours laid down in the collective agreement, and where such exclusion affects disproportionately more women than men?
If so: Is the exclusion by the collective agreement of overtime supplements for part-time employees objectively justified on the grounds that a the purpose of the collectively agreed overtime supplements is to compensate employees for the extra demands made on them, and to prevent excessive demands being made, experience justifying the assumption that overtime is more demanding for full-time employees than for part-time employees; b it may be assumed without examining each individual case that the restriction on leisure affects employees working full-time under francia társkereső tini collective agreement who are required to work more than the normal working hours agreed therein to a greater extent than part-time employees?
If not: Does Article of the EEC Treaty require that egyetlen párt bochum employees must also be paid the full amount of the collectively agreed overtime supplements payable in the case of overtime worked by full-time employees under a collective agreement, for each hour worked in addition to the individually agreed working hours, egyetlen párt bochum are part-time employees egyetlen párt bochum only to a percentage of the overtime payable to full-time egyetlen párt bochum in such proportion as their individual working hours bear to the normal collectively agreed working hours?
Is it consistent with Community law Article of the EEC Treaty for a rule contained in a collective agreement Paragraph 34 of the BATapplying to an individual employment relationship by virtue of a business practice or an actual collectively agreed obligation, to provide that the pay of employees not engaged on a full-time basis who work longer hours than those contractually agreed in respect of part-time work is to amount only to the corresponding proportion of the pay of an equivalent employee engaged on a full-time basis without overtime supplementwhere the rule affects more women than men?
Is the different treatment of those two categories of employee justified by objective factors unrelated to sex discrimination? Can the different treatment of the sexes be justified on the ground that such different treatment meets a real need of the undertaking, is appropriate for the achievement of its goals and is necessary in accordance with the principle of proportionality, where it is claimed egyetlen párt bochum support of such arguments that the different treatment is justified on the ground that overtime supplements are intended to compensate for an increased physical burden and to prevent the imposition of excessive demands upon employees, but that no comparable burden is imposed upon a part-time employee where the latter merely exceeds the contractually agreed working hours without working the normal weekly hours on average If so: Do the considerations set out below constitute objective factors unrelated to sex discrimination and are they capable of justifying the provision referred to in Question 1: a The provision is ismerősök ingyenes ausztria to compensate for increased physical strain and to prevent excessive demands being made of employees in so far as the increased strain resulting from overtime is higher a priori in the case of full-time employees than it is in the case of part-time employees.
If not: Does Article of the EEC Treaty require that part-time employees be paid for each hour worked in addition to the working hours agreed in the individual contract of employment the full amount of the collectively-agreed overtime supplement payable in the case of overtime in excess of the full normal weekly working hours under the collective agreement? Moreover, Article is sufficiently precise to be relied upon before the national courts by individuals seeking to have set aside any provision of national law, including if necessary a collective agreement, which proves to be incompatible with that article Defrenne, cited above.
Whether there is discrimination prohibited by Article of the Treaty and the directive 16 The national courts first query the compatibility with Article of the Treaty and with the directive of egységes csiga in collective agreements which provide for the payment of overtime supplements only for hours worked in excess of the normal working hours fixed by those agreements that is to say, the working hours of the full-time employee and which exclude any overtime supplement for part-time employees for hours worked in excess of their individual working hours if those hours do not exceed the number determined by those agreements.