The European Court of Justice has ruled that if employers require their workers to work overtime when requested, it must be made clear in the contract of employment.
The court made its ruling in relation to a German lathe operator sacked after he refused to work overtime at short notice. SIPTU equality officer Ms Rosheen Callender has welcomed the ruling as a major step forward for workers. "It is especially important for working parents. Many people can be landed with overtime at short notice, often when they have to rush off to pick up children."
She predicted it would boost the promotion of family-friendly practices in the workplace.
The case was referred to the European Court of Justice by the Arbeitsgericht (Labour Court) in Bremen. The complainant, Mr Lange, was employed from April 1998 as a lathe operator by George Schnemann GmbH. The contract of employment gave no details on overtime.
In June 1998 Mr Lange refused to work overtime at the request of his employer, who wanted an order completed within time-limits already agreed with a customer. In December 1998 Mr Lange received a month's notice because of his refusal to work the overtime. He brought an action against his dismissal before the Arbeitsgericht.
The German court sought a ruling from the European Court of Justice on how EU law applied on the obligation of employers to inform employees of the conditions applicable to the contract or employment relationship.
The European court ruled that the relevant directive laid down a general obligation on the employer to inform employees of all essential elements of the contract or employment relationship.
The list of such elements contained in the directive was not exhaustive. Therefore, even though overtime was not listed, employers are required to inform future workers in writing they may be required to work overtime when requested. The court made it clear that such information may, where appropriate, take the form of a reference to the relevant laws, regulations and administrative or statutory provisions - as well as collective agreements.