Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/14/2010

Subject: The Court affirms that persons employed under contracts such as the educational commitment contracts carrying out casual and seasonal activities in holiday and leisure centres, and completing a maximum of 80 working days per annum, are within the scope of Directive 2003/88/EC and so they fall within the scope of the derogation in Article 17(3)(b) and/or 17(3)(c) of Directive 2003/88. National legislation which restricts the activity carried out under such contracts to 80 days per annum does not satisfy the conditions set out in Article 17(2) of that directive which govern the application of that derogation, to the effect that the workers concerned are to be afforded equivalent periods of compensatory rest or, in exceptional cases where the granting of such periods is not possible for objective reasons, appropriate protection.

Parties: Union syndicale Solidaires Isère

Classification: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - Rest period

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