Request for a preliminary ruling from the Curtea de Apel Iași (Romania) lodged on 17 November 2023 – Școala gimnazială ‘Mihai Eminescu’ Vaslui v Uniunea Sindicală ‘Didactica’ Vaslui, for and on behalf of the following members: KM and Others
(Case C-706/23, Școala gimnazială ‘Mihai Eminescu’)
Language of the case: Romanian
Referring court
Curtea de Apel Iași
Parties to the main proceedings
Appellant and defendant: Școala gimnazială ‘Mihai Eminescu’ Vaslui
Respondent and applicant: Uniunea Sindicală ‘Didactica’ Vaslui, for and on behalf of the following members: KM and Others
Questions referred
Are Article 7(1) of Directive 2003/88, 1 Article 31(2) of the Charter of Fundamental Rights of the European Union, Clause 4[.1] of the Framework Agreement on part-time work, annexed to Directive 97/81/EC, 2 [and] Clause 4[.1] of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, annexed to Council Directive 1999/70/EC of 28 June 1999 3 to be interpreted as precluding national legislation which provides that, where a worker has multiple employment contracts in the field of teaching in schools – [namely] a full-time contract of indefinite duration [in relation to] the basic post held and a part-time fixed-term contract[, that is to say] a contract with hourly pay – the worker is entitled to remuneration in respect of paid leave calculated in relation to the basic post only?
Are Clause 4[.1] of the Framework Agreement on part-time work, annexed to Directive 97/81/EC, Clause 4[.1] of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, annexed to Council Directive 1999/70/EC of 28 June 1999, and Article 7(1) of Directive 2003/88, to be interpreted as precluding national laws and practices which, where schoolteachers have multiple employment contracts – [namely] a full-time contract in relation to the basic post held and a part-time fixed-term contract[, that is to say, a] contract with hourly pay – prevent a meal allowance from being granted in proportion to the actual time worked under the part-time fixed-term contract and prevent that allowance from being included in the calculation of paid annual leave?
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1 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p.9).
1 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9).
1 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).