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Supreme Court 15 October 2012, N° S.11.0052.N Protected worker - works council - equal treatment merit based salary increases - entitlements HEADNOTES Facts An employee is elected as a works council member in the course of the social elections. He is the only member of his particular trade union to get elected as an effective works council member. The other trade unions have more elected seats in the works council. The individual concerned is spending over 70% of his working time dealing with works council related matters. The employer has installed a merit based wage increase system for employee representatives, on top of the salary increases foreseen in binding collective bargaining agreements. This salary increase system is unilaterally installed by the employer and requires the worker representatives to at least effectively perform their jobs for 60% of the working time. Once this condition is satisfied, the merit increases are not automatically granted. A further positive evaluation is still required. Decision A protected worker, member of the works council, cannot be denied a merit increase if the denial is based on a condition imposed by the employer and which is such that it can never be satisfied by the
International Labour Law Reports Online – Brill
Published: Nov 25, 2015
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