Discrimination against part-timers
This report relates to 2 case(s)
Gerster v Freistaat Bayern  IRLR 699 ECJ (1 other report)
Kording v Senator für Finanzen  IRLR 710 ECJ (1 other report)
In Gerster v Freistaat Bayern1 and Kording v Senator fur Finanzen2 the European Court of Justice has ruled that German legislation on public sector employment, under which part-time employees had to complete a longer period of service than full-time workers in order to be eligible for promotion and exemption from a qualifying examination, is indirectly discriminatory and contrary to EC law unless objectively justified by evidence that there is a special link between length of service and acquisition of the requisite knowledge or experience.
The Gerster case concerned the statutory regulations applicable to the Bavarian State civil service.