Part-timers entitled to claim retrospective pension benefits

Article Abstract:

Part-time employees who have been barred from participating in occupational pension schemes can pursue claims for retrospective benefits under Treaty of Rome Article 119, according to the European Court of Justice's (ECJ) 1996 decision in Dietz. The Barber decision restrictions placed on Article 119's applicability to post-5/17/90 pension benefits are inapplicable to situations in which employees have been excluded from joining pension plans. The effect on UK part-timers remains unclear, since some cases on retrospective benefits time limits are yet to be resolved. The ECJ has upheld national time limits in similar cases.

Cases, Pension funds, Part-time employment, Part time employment, Retroactive laws

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EC legislation round-up

Article Abstract:

A series of EC Directives on employment law is surveyed. These include the Young Workers Directive, the European Works Council Directive, and directives on parental leave, data protection, and posted workers. The Directives cover areas such as scope, enforcement, and employee rights. Draft directives on equal treatment and burden of proof of sexual discrimination, as well as the atypical work proposals, are also discussed. The UK has yet to implement these EC directives.

Surveys, Labor law

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