EU Legal Contexts Essay Example | Topics and Well Written Essays - 1000 words

EU Legal Contexts - Essay Example The company terminated her services on 19 December 2006, providing her with a notice period up to 31 January 2007, calculating the period of service as 3 years, that is the computation period commencing from the time she was 25 years of age. The company ignored her pleas that she was serving the company for a period of 10 years that is, since December 2006, and thus her notice period should have been four months and not over one month as provided to her in her termination notice. Aggrieved, the petitioner took up this matter with Labour Court on the grounds that the subject clause in German Civil Code (BGB) which denies credit for the period below 25th year of service validity was void and â€Å"Paragraph 622(2) of the BGB is a measure which discriminates on grounds of age, contrary to European Union law, and must be disapplied.†1 Laws: There were two main questions that need to be answered in this case. The first question would be in terms of whether national legislation such as that at issue, under which periods of employment completed by the employee before reaching the age of 25, which was not taken into consideration in calculating notice period for dismissal, constitutes a difference of treatment on grounds of age prohibited by European Union law, with special reference to EC Directive 2000/78/EC. ...The main contention in the reckoning would be â€Å"Thus in the case of two employees each with 20 years’ seniority in service, the one who joined the undertaking at the age of 18 will be entitled to a notice period of five months, whereas the period will be seven months for the one who joined at the age of 25. †¦ the situation of Ms Kucukdeveci shows – may, despite several years’ seniority in service in the undertaking, be excluded from benefiting from the progressive extension of notice periods in the case of dismissal according to the length of the employment relationship, from which older workers of comparable seniority w ill, by contrast, be able to benefit.†