CJEU ruling on overtime for part time workers
In some organisations, part-time workers are only entitled to overtime pay when the worker has performed work beyond the weekly working hours of a full-time worker.
To date, employers have taken the view that it is both reasonable and lawful to apply the same rule to both part-time and full-time workers that only hours worked over and above normal full-time hours in the business would qualify for an overtime time rate or premium payment. While recent European case law has questioned this approach, in Ireland, we have no body of case law that has challenged this approach.
A recent European Court of Justice ruling on overtime for part-time workers raised further difficulties with this approach to overtime pay of part-time workers.
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