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According to a broadcast, Bünker can now imagine several solutions, but emphasized that Good Friday was “of central importance” for the evangelicals.

Posted on: Fevereiro 13, 2020 Posted by: admin Comments: 0

According to a broadcast, Bünker can now imagine several solutions, but emphasized that Good Friday was “of central importance” for the evangelicals.

According to a broadcast, Bünker can now imagine several solutions, but emphasized that Good Friday was “of central importance” for the evangelicals.

According to a broadcast, Bünker can now imagine several solutions, but emphasized that Good Friday was “of central importance” for the evangelicals. “In any case, it is important to us that we are heard.”

The European Court of Justice ruled on Tuesday that a private employer was obliged, under certain conditions, to also grant its other employees a paid holiday on Good Friday, since guaranteeing a paid holiday only for members of the Protestant and Old Catholic Churches discriminates on grounds of religion represent. “The judgment plays the ball back to the legislature in Austria,” explained Bünker. In reality, if nothing happens, Good Friday becomes a public holiday for everyone. A deletion of the public holiday by the legislature, on the other hand, “would not be in our interest at all, because Good Friday is of central importance for the evangelicals”, emphasized the bishop.

Exchange with Whit Monday is conceivable

Synod president and lawyer Peter Krömer said that in order to take into account the interests of the economy, Good Friday could also “be exchanged for Whit Monday, for example”. For Bishop Bünker, it is also conceivable that the statutory surcharges for Evangelicals when working on Good Friday will not apply – this regulation would correspond to the ECJ ruling and would at the same time take into account the great importance of the holiday for the Evangelical minority church. “The concrete solution will be the result of discussions. In any case, it is important to us that we are heard.”

So far, Good Friday has been a public holiday for members of the Evangelical Lutheran, Evangelical Reformed, Evangelical Methodist and Old Catholic Churches in Austria. If members of these faiths went to work on Good Friday, they were entitled to holiday pay. Around 300,000 people are affected by the regulation.

Federal government wants to “examine carefully”

The federal government wants to “examine exactly” the decision of the European Court of Justice (ECJ) on Good Friday and the associated effects, as government spokesman Peter Launsky-Tieffenthal announced on Tuesday. “After this review, the federal government will promptly announce further steps.”

According to reports, the ruling could also be a topic in tomorrow’s Council of Ministers.

Bishops’ conference for keeping it as a holiday

The General Secretary of the Roman Catholic Bishops’ Conference, Peter Schipka, is in favor of Good Friday remaining a public holiday for Evangelicals and Old Catholics, but at the same time eliminating the holiday surcharges for those who still work on this day. It is to be hoped that the legislature will soon find a solution, he told “Kathpress”.edit papers for money

Because Good Friday has “central religious significance” for Protestant Christians, the relevant “holiday regulation should only be modified”, suggested Schipka. “With the cancellation of the surcharges for those who still work on Good Friday, both the ECJ ruling and the legitimate concerns of the three Protestant and Old Catholic churches would be met,” says Schipka. The Catholic Church will work closely with the Protestant churches on this issue, he announced.

No Easter peace between the social partners

The ruling by the European Court of Justice (ECJ) on holiday pay on Good Friday ensures – unsurprisingly – different wishes from employee and employer representatives. The ÖGB demanded that Good Friday be made a public holiday, while the WKO said that this was “out of the question for the economy”.

Bernhard Achitz, chief secretary of the ÖGB, justified the demand for a public holiday for everyone today with the fact that the Austrians with their weekly working hours are among the top European places.

Counterattack by Karlheinz Kopf, Secretary General of the Austrian Chamber of Commerce (WKÖ): With 13 public holidays a year, Austria is already among the countries with the most generous public holiday regulations in Europe. “An additional holiday would cost the Austrian economy 600 million euros,” said Kopf.

Achitz, in turn, does not accept this: “It is said again and again that there are too many public holidays in Austria. However, employers keep silent about the fact that some of them fall on a Sunday every year anyway, namely Easter Sunday and Pentecost Sunday. January is de facto canceled as a public holiday this year because it came to rest on a Sunday. “

Judgment puts the Supreme Court under pressure

The Good Friday judgment of the European Court of Justice puts Austria under pressure. Austria has to change its regulations by the next Good Friday, April 19th. The guarantee of a paid holiday only for members of the Protestant churches AB and HB as well as three other churches constitutes, according to the judgment of the EU judges, discrimination on grounds of religion.

The European Court of Justice ruled in the legal dispute (C-193/17) after the Supreme Court asked the EU judges for clarification. The judgment announced on Tuesday is a generally applicable interpretation of Union law, which applies when the judgment is pronounced. In the specific case, however, the Austrian Supreme Court (OGH) is back on the train. He now has to make a final decision on the ongoing proceedings in Austria in accordance with the ECJ ruling.

The Supreme Court told the APA that the proceedings will now be continued and a decision will be made on the basis of the ECJ ruling. How long this will take cannot yet be estimated. The decision concerns the specific case between an employee and an employer and has no general validity, emphasized a spokeswoman for the Supreme Court.

SPÖ wants a public holiday for everyone

The deputy SPÖ club chairman Jörg Leichtfried supports the demand of the ÖGB that Good Friday should become a public holiday for all employees after the ECJ decision. The Austrians have very long weekly working hours, argued Leichtfried on Tuesday. It would not be a solution for the SPÖ to delete other public holidays.

13 public holidays for everyone, one for four churches

The statutory holidays in Austria are listed in the Rest Period Act – 13 for all employees and one, Good Friday, only for members of the Evangelical Churches AB and HB, the Old Catholic Church and the Evangelical Methodist Church. According to the European Court of Justice, this regulation is contrary to equality.

Because the members of these four churches get free on Good Friday – April 19th this year – or a holiday allowance if they work. However, this can neither be justified by invoking the rights and freedoms of others nor as compensation for disadvantages due to religion. As long as Austria does not change its legislation to restore equal treatment, private employers must therefore also grant other employees the right to a public holiday on Good Friday, the ECJ ruled today, Tuesday.

  • January 1st (New Year),
  • January 6th (Epiphany),
  • Easter Monday,
  • May 1st (national holiday),
  • Ascension of Christ,
  • Whit Monday,
  • Corpus Christi,
  • August 15th (Assumption of Mary),
  • October 26th (national holiday),
  • November 1st (All Saints’ Day),
  • December 8th (Mary’s Conception),
  • December 25th (Christmas),
  • December 26th (St. Stephen’s Day)

are listed as public holidays in Section 7 of the Rest Period. Item 3 of this provision was objected to by the ECJ, declaring Good Friday a public holiday for members of the four churches mentioned.

The national holidays in honor of the respective country patron are not public holidays: on these only the students are free and in some cases the offices and authorities are closed.

© Martin Hirsch / apa

According to the law, on public holidays employees are entitled to “an uninterrupted rest period of at least 24 hours, which must start at midnight at the earliest and at the latest at 6 a.m. on the public holiday”. On public holidays, the employee retains his right to remuneration for the lost work; the monthly wage is not reduced. Employees who have to work on public holidays are also entitled to the normal hourly rate or time compensation for each hour worked. Additional holiday surcharges are agreed in the collective agreements or employment contracts.

Employees may only be employed on public holidays if this is expressly permitted – either by means of a collective agreement, by ordinance of a minister or governor (e.g. in tourist areas) or in the “Exceptions to weekend and public holiday rest” in the Work Rest Act. These are e.g. Guarding or maintenance of operating facilities, guarding animals, fire protection and all work relating to the care of holiday workers or home or boarding school residents – from health care to transportation.

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The European Court of Justice (ECJ) ruled on Tuesday that the Austrian regulation for Good Friday violates the EU Equal Treatment Directive.

According to the ECJ, an employer in Austria could be obliged to pay all employees, regardless of their religion, a holiday pay on Good Friday. In its judgment, the court emphasized that guaranteeing a paid holiday only constitutes discrimination on the basis of religion for members of the Protestant churches AB and HB and three others.

Good Friday only for a few public holidays

The background to the legal dispute (C-193/17) is the regulation in Austria, according to which Good Friday is a public holiday only for members of the Evangelical Churches AB and HB, the Old Catholic Church and the Evangelical-Methodist Church. Only members of these churches are entitled to holiday pay if they work on Good Friday.

In its judgment, the ECJ now states that a private employer is obliged, under certain conditions, to also grant its other employees a paid holiday on Good Friday.

Equal treatment not guaranteed

The Austrian regulation can neither be justified by invoking the protection of the rights and freedoms of others nor as compensation for disadvantages due to religion. As long as Austria does not change its legislation to restore equal treatment, a private employer is obliged to grant its other employees the right to a public holiday on Good Friday, the EU judges ruled.

The Court also found that the Austrian rules created a difference in treatment based directly on the religion of the workers. The regulation is also not necessary to protect religious freedom. Nor can the holiday regulation for the churches concerned be seen as compensation for a disadvantage. The measures in question would go beyond what would be necessary to compensate for such a presumed disadvantage.

The Supreme Court asked for clarification

The Supreme Court dealing with the legal dispute referred the case to the ECJ. The matter was brought to court by an employee of a private detective agency that does not belong to any of the churches in question. He demanded a corresponding payment from his employer after working on Good Friday 2015 and feeling discriminated against because of the holiday pay withheld.

Bishop Bünker “relieved at the moment”

The Evangelical Lutheran Bishop Michael Bünker showed himself to be “relieved at the moment” in an initial reaction to the ECJ ruling. According to a broadcast, Bünker can now imagine several solutions, but emphasized that Good Friday was “of central importance” for the evangelicals. “In any case, it is important to us that we are heard.”

The European Court of Justice ruled on Tuesday that a private employer was obliged, under certain conditions, to also grant its other employees a paid holiday on Good Friday, since guaranteeing a paid holiday only for members of the Protestant and Old Catholic Churches discriminates on grounds of religion represent. “The judgment plays the ball back to the legislature in Austria,” explained Bünker. In reality, if nothing happens, Good Friday becomes a public holiday for everyone. A deletion of the public holiday by the legislature, on the other hand, “would not be in our interest at all, because Good Friday is of central importance for the evangelicals”, emphasized the bishop.

Exchange with Whit Monday is conceivable

Synod president and lawyer Peter Krömer said that in order to take into account the interests of the economy, Good Friday could also “be exchanged for Whit Monday, for example”. For Bishop Bünker, it is also conceivable that the statutory surcharges for Evangelicals when working on Good Friday will not apply – this regulation would correspond to the ECJ ruling and would at the same time take into account the great importance of the holiday for the Evangelical minority church. “The concrete solution will be the result of discussions. In any case, it is important to us that we are heard.”

So far, Good Friday has been a public holiday for members of the Evangelical Lutheran, Evangelical Reformed, Evangelical Methodist and Old Catholic Churches in Austria. If members of these faiths went to work on Good Friday, they were entitled to holiday pay. Around 300,000 people are affected by the regulation.

Federal government wants to “examine carefully”

The federal government wants to “examine exactly” the decision of the European Court of Justice (ECJ) on Good Friday and the associated effects, as government spokesman Peter Launsky-Tieffenthal announced on Tuesday. “After this review, the federal government will promptly announce further steps.”

According to reports, the ruling could also be a topic in tomorrow’s Council of Ministers.

Bishops’ conference for keeping it as a holiday

The General Secretary of the Roman Catholic Bishops’ Conference, Peter Schipka, is in favor of Good Friday remaining a public holiday for Evangelicals and Old Catholics, but at the same time eliminating the holiday surcharges for those who still work on this day.