Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/10/2010

Subject: The Court says that while it is true that the establishment of the level of the various constituent parts of the pay of a worker falls outside the competence of the European Union legislature and is unquestionably still a matter for the competent bodies in the various Member States, those bodies must nevertheless exercise their competence consistently with European Union agreement in the areas in which the European Union does not have competence . So in establishing both the constituent parts of pay and the level of those constituent parts, the competent national bodies must apply to part-time workers the principle of non-discrimination . For that reason the principle of non‑discrimination as between part-time and full-time workers applies to employment conditions, which cover remuneration, a concept which also includes pensions, excluding those forming part of the social security scheme. Consequently, the remuneration of part-time workers must be equivalent to that of full-time workers, subject to the application of the principle of pro rata temporis.

Parties: INPS c/ Bruno, Pettini e altri

Classification: Equality - Art. 21 Non discrimination

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