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Discrimination against part-timers

This report relates to 2 case(s)

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.