PAID DAYS OFF GRANTED TO EMPLOYEES FOR RELIGIOUS HOLIDAYS IN LIGHT OF ART. 139 OF THE LABOR CODE AND CJEU CASE LAW
PAID DAYS OFF GRANTED TO EMPLOYEES FOR RELIGIOUS HOLIDAYS IN LIGHT OF ART. 139 OF THE LABOR CODE AND CJEU CASE LAW

Summary/Abstract: This study analyzes the non-conformity of the provisions included under art. 139 of the Labor Code with the non-discrimination principle enshrined under art. 21 of the Charter of Fundamental Rights of the European Union and EU Directive 2000/78 establishing a general framework for equal treatment in employment and occupation. Concretely, the study demonstrates that the law lays down different rules for granting public holidays for employees who belong to a different religious cult than the Christian cult of new rite (the majority in Romania), rules which, considering various practical interpretations, lead to the application of a different treatment bases on religion. Finally, we argue that these rules might contravene art. 21 of the Charter of Fundamental Rights of the European Union and, thus, could be disapplied under the principle of primacy of EU law.

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