The principle of non-discrimination against part-time
workers in the light of the Council Directive 97/81/EC
concerning the Framework Agreement
on part-time work
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University of Warmia and Mazury in Olsztyn
Department of Labour Law and Social Security
Publication date: 2014-03-31
JoMS 2014;20(1):221-244
KEYWORDS
ABSTRACT
Labour law has been developed in order to protect implicitly ‘typical’
employment relationships, based on a contract of full-time employment
for an indefinite period of time. The development of non-full-time form
of employment required new legal regulations to secure that workers
employed part-time should not be in a less favourable position in
comparison to those being in full-time employment. Polish part-time
work–oriented regulations have been evidently created under the influence
of the Directive 97/81/EC. The paper focuses on the comparative analysis
of the notion of part-time worker in the Directive and the Polish Labour
Code and the protection for part-time workers against unequal treatment.
In many cases the regulations under discussion implement the Directive’s
requirements or they are even more restrictive than the Directive itself
however other still has not fully implemented its provisions. For further
development of part-time employment it is essential that the requirements
of the Directive 97/81/EC should be met.