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ECJ judgment re Parental Leave Directive - Ortiz Mesonero v Union Temporal de Empresas Luz Madrid Centro (2019) (C-366/18) [ECJ] 19.09.19 (Unreported)

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. HELD that the Parental Leave Directive did not apply to national rules which provided 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 was in shifts with a variable schedule, to benefit from a fixed working schedule while maintaining his ordinary hours of work.

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Category: Employment » Parental rights; EC Law. Area(s) of law: Employment.

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