Adoption of collective agreement regarding night work does not, in itself, equate to implementation of the relevant EU legislation
Published on: 14/12/2022
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin mcveigh

Kevin McVeigh is Head of Elliott Duffy Garrett’s Corporate & Banking practice. Kevin advises clients on corporate transactions in Northern Ireland and on international deals with a Northern Ireland connection. He specialises in the sale and purchase of businesses. Kevin also advises on commercial contracts including investment and shareholder agreements and corporate governance.

Key Issues:        Social Policy – Working Time

Case:                  Coca-Cola European Partners GmbH v L.B. & R.G.

Reference:         Case C-257/21 and C-258/21, CJEU (Seventh Chamber), 7 July 2022

Legislation:       Directive 2003/88/EC

Background ⚓︎

L.B. and R.G. performed night shift work for Coca-Cola, which had concluded a company-level collective agreement with the Food, Beverages and Catering Union, under which Coca-Cola is bound by provisions of a German national collective agreement (‘the MTV’).

During the period from December 2018 to June 2019, L.B. performed regular night work within the meaning of the MTV, for which she received a supplementary allowance of 20% per hour. In December 2018 and January 2019, as well as during the period from March to July 2019, R.G.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 14/12/2022