At a glance
- The European Court of Justice (ECJ) dealt with a reference for a preliminary ruling concerning the equal treatment of public sector workers compared to private sector workers regarding night work compensation.
- The ECJ found that national regulations that create differences in treatment regarding the normal duration of night work for public sector workers compared to other public sector workers or private sector workers opposes EU law.
On 29 July 2024, the ECJ dealt with a reference for a preliminary ruling submitted by the Okrazhen sad concerning the equal treatment of public sector workers compared to private sector workers regarding night work compensation.
The ECJ examined whether the different treatment of public sector workers compared to private sector workers regarding night work compensation, according to national legislation and jurisprudence, was justified.
The ECJ found that Directive 2003/88 and Articles 20 and 31 of the Charter of Fundamental Rights of the EU oppose national regulations that create differences in treatment regarding the normal duration of night work for public sector workers (such as police officers and firefighters) compared to other public sector workers or private sector workers. Such differences in treatment are only permissible if they are based on objective and reasonable criteria, meaning they must be related to a legally acceptable goal pursued by the legislation and be proportionate to that goal.
According to the ECJ, the national court must ensure that the national regulation in question does not result in unjustified unequal treatment of public sector workers performing night work. If the national regulation or jurisprudence leads to such unequal treatment, the national court must interpret the national law in conformity with EU law, even if it means deviating from established national jurisprudence.
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