Case C‑476/12

Österreichischer Gewerkschaftsbund

v

Verband Österreichischer Banken und Bankiers

(Request for a preliminary ruling from the Oberster Gerichtshof)

‛Reference for a preliminary ruling — Social policy — Framework Agreement on part-time work — Principle of non-discrimination — Collective agreement providing for a dependent child allowance — Calculation of allowance paid to part-time workers in accordance with the principle of pro rata temporis’

Summary — Judgment of the Court (First Chamber), 5 November 2014

Social policy — Framework agreement on part-time work concluded by UNICE, CEEP and the ETUC on part-time work — Directive 97/81 — Prohibition on discrimination against part time workers — Principle prorata temporis — Dependent child allowance paid by the employer pursuant to a collective agreement — Calculation of the allowance paid to part-time workers according to the principle prorata temporis

(Council Directive 97/81, as amended by Directive 98/23, Annex, Clause 4)

Clause 4.2 of the Framework Agreement on part-time work which is annexed to Directive 97/81 concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Directive 98/23, must be interpreted as meaning that the principle pro rata temporis applies to the calculation of the amount of a dependent child allowance paid by an employer to a part-time worker pursuant to a collective agreement.

Since the dependent child allowance allowance paid by an employer to a part-time worker pursuant to a collective agreement is part of a worker’s pay, it is determined by the terms of the employment relationship agreed between the worker and the employer.

It follows that if, according to the terms of that employment relationship, the worker is employed part-time, the calculation of the dependent child allowance in accordance with the principle of pro rata temporis is objectively justified, within the meaning of Clause 4.1 of the Framework agreement on part-time work, and appropriate within the meaning of Clause 4.2 thereof.

(see paras 19, 20, 25, operative part)

Case C‑476/12

Österreichischer Gewerkschaftsbund

v

Verband Österreichischer Banken und Bankiers

(Request for a preliminary ruling from the Oberster Gerichtshof)

‛Reference for a preliminary ruling — Social policy — Framework Agreement on part-time work — Principle of non-discrimination — Collective agreement providing for a dependent child allowance — Calculation of allowance paid to part-time workers in accordance with the principle of pro rata temporis’

Summary — Judgment of the Court (First Chamber), 5 November 2014

Social policy — Framework agreement on part-time work concluded by UNICE, CEEP and the ETUC on part-time work — Directive 97/81 — Prohibition on discrimination against part time workers — Principle prorata temporis — Dependent child allowance paid by the employer pursuant to a collective agreement — Calculation of the allowance paid to part-time workers according to the principle prorata temporis

(Council Directive 97/81, as amended by Directive 98/23, Annex, Clause 4)

Clause 4.2 of the Framework Agreement on part-time work which is annexed to Directive 97/81 concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Directive 98/23, must be interpreted as meaning that the principle pro rata temporis applies to the calculation of the amount of a dependent child allowance paid by an employer to a part-time worker pursuant to a collective agreement.

Since the dependent child allowance allowance paid by an employer to a part-time worker pursuant to a collective agreement is part of a worker’s pay, it is determined by the terms of the employment relationship agreed between the worker and the employer.

It follows that if, according to the terms of that employment relationship, the worker is employed part-time, the calculation of the dependent child allowance in accordance with the principle of pro rata temporis is objectively justified, within the meaning of Clause 4.1 of the Framework agreement on part-time work, and appropriate within the meaning of Clause 4.2 thereof.

(see paras 19, 20, 25, operative part)