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Equal pay: Exclusion of part-timers from benefit of collective agreement was indirect discrimination

This report relates to 1 case(s)

The exclusion by a collective agreement of low-paid, part-time workers from entitlement to an end-of-year bonus provided for by that agreement constituted indirect discrimination based on sex, where that exclusion applied independently of the sex of the worker but actually affected a considerably higher percentage of women than men, rules the ECJ in Krüger v Kreiskrankenhaus Ebersberg 9.9.99 Case C-281/97. The result of that exclusion was that, in respect of pay, the part-timers were treated differently from full-time workers whose employment relationship was governed by the collective agreement.

Ms Krüger was employed full time by the Ebersberg district hospital in Germany from 1 October 1990.