This document is an excerpt from the EUR-Lex website
Document 62012CN0522
Case C-522/12: Request for a preliminary ruling from the Bundesarbeitsgericht (Deutschland) lodged on 19 November 2012 — Tevfik Isbir v DB Services GmbH
Case C-522/12: Request for a preliminary ruling from the Bundesarbeitsgericht (Deutschland) lodged on 19 November 2012 — Tevfik Isbir v DB Services GmbH
Case C-522/12: Request for a preliminary ruling from the Bundesarbeitsgericht (Deutschland) lodged on 19 November 2012 — Tevfik Isbir v DB Services GmbH
IO C 32, 2.2.2013, p. 5–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
2.2.2013 |
EN |
Official Journal of the European Union |
C 32/5 |
Request for a preliminary ruling from the Bundesarbeitsgericht (Deutschland) lodged on 19 November 2012 — Tevfik Isbir v DB Services GmbH
(Case C-522/12)
2013/C 32/06
Language of the case: German
Referring court
Bundesarbeitsgericht
Parties to the main proceedings
Applicant: Tevfik Isbir
Defendant: DB Services GmbH
Questions referred
1. |
Is the expression ‘minimum rates of pay’ in Article 3(1), first subparagraph, point (c) of Directive 96/71/EC (1) to be interpreted as referring to the consideration of the employer for the work done by the worker which should be discharged according to the law, regulation or administrative provision or the universally applicable collective agreement referred to in the opening sentence of Article 3(1) of the directive only and exclusively by the collective minimum wage (‘usual work’), meaning that it is only those employer payments which reward that usual work and which must be available to the worker at the latest on the date when they are payable within the respective wage payment period which can be counted towards the fulfilment of the obligation to pay the minimum rate of pay? |
2. |
Is the expression ‘minimum rates of pay’ in Article 3(1), first subparagraph, point (c) of Directive 96/71/EC to be interpreted as precluding national provisions or practices according to which payments by an employer are not be to regarded as part of the minimum wage and therefore cannot be counted towards fulfilment of the entitlement to the minimum wage, if the employer makes those payments on the basis of a collective agreement-based obligation,
and to that end,
|
(1) Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1)