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Part-Time Work and Indirect Discrimination

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Chapter Summary

Part-time work is one form of atypical work. Atypical work can provide considerable economic and social benefits to society. It opens up the labour market to people for whom full time employment is unfeasible or unattractive. As most (80%) of the part-time workers are women, they are affected indirectly by the discrimination of part-time work. This chapter focuses on part-time work and not on other forms of atypical work because the legal instruments of both the International Labour Organization (ILO) and the European Union (EU) concentrate on this form of activity. The abundant case law of the ECJ is also dealing almost exclusively with part-time work, but for one recent case of Wippel v. Peek and Cloppenburg GmbH & Co. AG 2004 involving "work on demand"-a form of casual work. The Court excluded this type of work from the protection afforded by the Directive on Part-Time Work.

Keywords: European Union (EU) legislation; indirect discrimination; international labour organization (ILO) standards; part-time work



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