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Case C-349/11: Reference for a preliminary ruling from the Tribunal de Première Instance de Liège (Belgium) lodged on 4 July 2011 — Auditeur du Travail v Yangwei SPRL
ECLI:EU:UNKNOWN:62011CN0349
62011CN0349
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Valentina R., lawyer
24.9.2011
Official Journal of the European Union
C 282/5
(Case C-349/11)
2011/C 282/10
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Auditeur du Travail
Defendant: Yangwei SPRL
Question referred
Must Clause 5.1(a) of the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (1), be interpreted as precluding national legislation such as:
The obligation to keep a copy of the part-time employment contract or an extract, containing the work schedule, identity and signature of the two parties at the place where the rules governing employment can be consulted (Article 157 of the Programme Law);
The obligation that it must be possible to ascertain at any time when the cycle commences (Article 158 of the Programme Law);
As regards variable work schedules, the obligation for the employer to notify the worker by notice five days in advance; a notice must furthermore be displayed at the beginning of the day containing the individual work schedule of each part-time worker; this notice must furthermore be retained for one year (Article 159 of the Programme Law);
The obligation for an employer who employs part-time workers to have a document recording all the departures from work schedules referred to in Articles 157 to 159 (Article 160 of the Programme Law), a document that must be kept in accordance with certain conditions specified in Article 161 of the Programme Law?
(1) OJ 1998, L 14, p. 9