M.S. v. Markant Netwerk van Ondernemende Vrouwen

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The Labor Court of Ghent referred a number of prejudicial questions to the Constitutional Court in the context of a dispute between a woman who claimed that her employer dismissed her after having requested maternity leave, parental leave and the continuation of a related “time credit” contract. The Labor Court agreed that the company had not provided justification for the dismissal, but had questions about how to calculate the indemnity. The applicant claimed it should be calculated on the basis of full-time employment. The Constitutional Court, however, ruled that reducing an employee’s benefits proportionally for part-time workers (which disproportionately affects women) was not a form of discrimination as the regime applies equally to men and women.



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