comparable permanent worker definition
comparable permanent worker means a worker with an employment contract or relationship of indefinite duration in the same establishment or undertaking, engaged in the same or similar work/occupation, due regard being given to qualifications and skills.
comparable permanent worker means a worker with an employment contract or relationship of an indefinite duration, in the same establishment, engaged in the same or similar work/occupation, due regard being given to qualifications/skills. Where there is no comparable permanent worker in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice.
comparable permanent worker means a worker with an employment contract or relationship of indefinite duration, in the same establishment, engaged in the same or similar work/occupation, due regard being given to qualifications/skills ’ 9 Clause 4 of the Framework Agreement, entitled ‘Principle of non-discrimination’, provides at point 1: ‘In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds.’ 10 Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299,
More Definitions of comparable permanent worker
comparable permanent worker means a worker with an employment contract or relationship of indefinite duration, in the same establishment, engaged in the same or similar work/occupation, due regard being given to qualifications/skills. Where there is no comparable permanent worker in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice.’ 8 Clause 4 of the framework agreement, headed ‘Principle of non-discrimination’, provides in paragraph 1: ‘In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds.’ 9 Article 118(1) and (2) of Legea nr. 1/2011 a educației naționale (Law No 1/2011 on national education) of 5 January 2011 (Monitorul Oficial, Part I, No 18 of 10 January 2011), in the version in force at the material time (‘Law No 1/2011’), provides:
comparable permanent worker means a worker with an employment contract or relationship of indefinite duration, in the same establishment, engaged in the same or similar work/occupation, due regard being given to qualifications/skills. Where there is no comparable permanent worker in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice. Principle of non-discrimination (clause 4)
1. In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds.
2. Where appropriate, the principle of "pro rata temporis" shall apply.
comparable permanent worker means a worker with an employment contract or relationship of indefinite duration, in the same establishment, engaged in the same or similar work/occupation, due regard being given to qualifications/skills …’ 7 Clause 4 of the framework agreement, entitled ‘Principle of non-discrimination’, provides in paragraph 1: ‘In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds.’ 8 Clause 5 of the framework agreement, entitled ‘Measures to prevent abuse’, states: