Κατεύθυνση Εργατικό Δίκαιο
Library of the School of Law

2018-03-10

2018

Antoniadou Eleni

Λαδάς Δημήτριος, Λέκτορας, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών

Η αρχή της ίσης μεταχείρισης των εργαζομένων: ειδικότερα στους ομίλους επιχειρήσεων

Greek

The non-discrimination principle: particularly in business groups

The non-discrimination principle constitutes one of the most fundamental pillars of both Greek and European Union Labor Law. It requires the equal treatment of an individual or group, who provide equal work, irrespective of their particular characteristics and is used to assess apparently neutral criteria that may produce effects which systematically disadvantage persons possessing those characteristics. The applicability of this general principle depends on the fulfillment of specific requirements delineated by the law, the legal theory and the law of precedent. When it comes to the implementation of the non-discrimination principle in the context of business groups, many interpretative issues arise because of the different legal personalities of the companies forming the business group in question. On the one hand, the law in its current formulation cannot be implemented because of the existence of two separate employers. On the other hand, such an outcome results to the neutralization of this constitutional protection in a great number of labor relations, which I consider to be both de lege ferenda a wrongful application of the law and ethically an injustice. Therefore, I argue for an alternative interpretation of the law which widens its protective scope in order to extent the applicability of the non-discrimination principle to all the labor relations developed in the different companies of the same business group.

Law and Legislation

Labour Law

non-discrimination principle, business groups

No

0

No

200

273

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https://pergamos.lib.uoa.gr/uoa/dl/object/2694314