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  European Court of Justice kills Austrian Good Friday law
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Author Topic: European Court of Justice kills Austrian Good Friday law  (Read 492 times)
Tender Branson
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« on: January 22, 2019, 12:46:34 pm »

Austrian Good Friday law 'discriminatory,' top EU court rules

Quote
The European Court of Justice (ECJ) on Tuesday ruled that Austrian law discriminated on grounds of religion and belief for not giving plaintiff Markus Achatzi holiday pay for working on Good Friday, a holy day for several Christian denominations marking the crucifixion of Jesus Christ.

Security agent Achatzi sued his company, Cresco Investigation of Vienna, in 2017 for additional pay for working on Good Friday, considered a public holiday for members of select churches. Austria's Supreme Court asked the ECJ to rule whether the national law was discriminatory in nature.

What the ruling says:

Granting "paid public holiday on Good Friday only to employees who are members of certain churches constitutes discrimination on grounds of religion and is prohibited under EU law"

"Until Austria has amended its legislation, in order to restore equal treatment, a private employer who is subject to that legislation is obliged also to grant his other employees a public holiday on Good Friday"

"The Court concludes that the legislation at issue cannot be considered necessary for the protection of freedom of religion"

What happened?

In Austria, Good Friday is considered a public holiday for members of the "Evangelical Churches of the Augsburg and Helvetic Confessions, the Old Catholic Church and the United Methodist Church."

Achatzi worked Good Friday in 2015, but did not receive a paid holiday or double pay for working because he did not belong to any of those churches. He sued his company for discriminating against him on religious grounds.

His case eventually reached the Austrian Supreme Court, which in turn asked the ECJ to rule whether the national law making Good Friday a public holiday for members of select churches was discriminatory in nature.

How much was the plaintiff seeking?

Achatzi was seeking "a gross payment of 109 euros ($124) plus interest."

https://www.dw.com/en/austrian-good-friday-law-discriminatory-top-eu-court-rules/a-47175363
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Tender Branson
Mark Warner 08
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« Reply #1 on: January 22, 2019, 12:49:09 pm »

ÖVP-FPÖ now has to pass a new law very quickly in the next weeks or so, otherwise I get another day off this year ... Smiley

ÖVP-FPÖ could make Good Friday a new national holiday for all (unlikely, because the economic lobbyists are already sounding the alarm, it would cost them 600 Mio. €)

It is more likely that they will kill another public holiday instead. The question is only which one, as most are Church-based ...
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Alabama_Indy10
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« Reply #2 on: January 22, 2019, 01:10:34 pm »

“European Court of Justice” LOL
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Secret Cavern Survivor
Antonio V
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« Reply #3 on: January 22, 2019, 06:52:21 pm »

Good ruling. Obviously the government is just going to axe a different holiday, because they're faux-populist shills for big business who want to keep milking workers for all they're worth, but still good on the ECJ for doing its job.


“European Court of Justice” LOL

...what's funny? Huh I know as an American you're probably not familiar with the workings European law, but if I were you I wouldn't advertise my ignorance so much.
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Alabama_Indy10
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« Reply #4 on: January 22, 2019, 07:08:05 pm »

Good ruling. Obviously the government is just going to axe a different holiday, because they're faux-populist shills for big business who want to keep milking workers for all they're worth, but still good on the ECJ for doing its job.


“European Court of Justice” LOL

...what's funny? Huh I know as an American you're probably not familiar with the workings European law, but if I were you I wouldn't advertise my ignorance so much.

It’s not ignorance. It’s the concept of it and the EU in general.
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Santander
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« Reply #5 on: January 22, 2019, 09:43:28 pm »

Everyone should have the right to observe holidays of their own religion, Everyone should also be entitled to the same number of paid public holidays.
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CrabCake
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« Reply #6 on: January 24, 2019, 04:43:02 pm »

The ECJ isn't actually controlled by the EU, it's a Council of Europe organisation.
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parochial boy
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« Reply #7 on: January 24, 2019, 04:54:21 pm »

Good ruling. Obviously the government is just going to axe a different holiday, because they're faux-populist shills for big business who want to keep milking workers for all they're worth, but still good on the ECJ for doing its job.


“European Court of Justice” LOL

...what's funny? Huh I know as an American you're probably not familiar with the workings European law, but if I were you I wouldn't advertise my ignorance so much.

It’s not ignorance. It’s the concept of it and the EU in general.

Something good happens but you sneer at it because you don't like the organization behind it is a pretty piss poor rationale tbh
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