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Stand-by time from home represents working time of medical personnel even for the periods when no medical activity was actually performed (no attendance at the hospital was required), the salary rights for such period being determined as a percentage of the hourly rate for the basic salary and the number of hours when stand-by time from home was performed. |
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| Case Reports |
2019/51 Stand-by time from home is paid working time (RO) |
| Journal | European Employment Law Cases, Issue 4 2019 |
| Keywords | Working time |
| Authors | Andreea Suciu and Gabriela Ion |
| AbstractAuthor's information |
| Case Reports |
2019/15 Uniform minimum body height standards in the police service do not constitute indirect gender discrimination on grounds of sex (DE) |
| Journal | European Employment Law Cases, Issue 2 2019 |
| Keywords | Gender discrimination |
| Authors | Paul Schreiner and Nina Stephan |
| AbstractAuthor's information |
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The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards. |
| Case Reports |
2019/17 Non-discrimination based on gender in the employment relationship (RO) |
| Journal | European Employment Law Cases, Issue 2 2019 |
| Keywords | Gender discrimination |
| Authors | Andreea Suciu and Gabriela Ion |
| AbstractAuthor's information |
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A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation. |
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