Matters concerning multiple office holding in light of the CJEU judgment in case C-585/19
Matters concerning multiple office holding in light of the CJEU judgment in case C-585/19
Author(s): Mihaela-Emilia Marica
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation, Commercial Law, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: multiple office-holding; weekly rest; working time; daily rest;
Summary/Abstract: In the field of labour law, we are currently witnessing a development in the case law of the Court of Justice of the European Union concerning multiple office-holding with the same employer, which is changing the framework of the regulations and practices related to employment relationships at national level. The CJEU's judgment in Case C-585/19 established as a matter of principle that the mechanism for determining the daily rest period for workers who have concluded several contracts of employment with the same employer is to be determined by reference to the total number of contracts - irrespective of how high the number of contracts concluded with the same employer is - and not by reference to each contract individually. Therefore, we will make an attempt at analysing the effect of this ruling at national level, by reference to the specific provisions of the current Labour Code regulations which, in some cases, enshrine differences of nuance and different perspectives from those established by Directive 2003/88/EC concerning certain aspects of the organisation of working time.
Book: Building an Adapted Business Law
- Page Range: 169-179
- Page Count: 11
- Publication Year: 2022
- Language: English
- Content File-PDF