Friday, July 10, 2009

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Penalty payments: the agreement of the employee may be required

Community Directive No. 93/104/EC of 23 November 1993 on working time kept Sunday as the weekly day of rest. This date does winning naturally in everyone's minds, especially in Britain, it can now be selected by the Member States, since a decision of the Court of Justice of European Communities, United Kingdom v. Council of 12 November 1996.
The question has even disappeared from Sunday's European Law since 2003. Proposals have been made in Parliament European hoping to protect Sunday as a day of rest, especially this year without success. Petitions or demonstrations do not know at this time tomorrow.
While overall, the number of workers on Sunday increases, each country of France is an exception - adopted on Sunday working to meet its own rules of historical, cultural, tourist, social, religious ... liberalizing regimes work on Sundays. If the majority of European countries have opted for the model of the derogation point, allowing some businesses to be open at certain times and under certain conditions, others have chosen outright liberalization.
The first to have taken this route is Sweden, which was also the first to drop the ban on Sunday work in 1971: the rate of regular workers went from 11.9% in 2007. The full liberalization was also decided in Hungary and the Czech Republic in order, according to local authorities, to stimulate the market, supply and consumption. However, importantly, only 7% of all Hungarian, 14.6% against the Czechs, opened their shop Sunday.

Exemptions light. Just as liberal but imposing spatial limits, Britain and Spain allow the opening of shops but it is for surfaces that total less than 300 and 280 sqm. Across the channel, this limitation was set by the Sunday Trading Act 1994, which was desecrated on Sunday, which is gradually becoming the second day of the British preferred to go shopping.

countries more rigid. In Luxembourg, the workers are entitled to work that Sunday morning while some countries like Italy, the Netherlands, Belgium and Norway, allow a limited number of Sundays per year. Finally, Germany and Austria are more severe, with a general prohibition of work, with exceptions granted by national or local authorities (which can lead to situations in different regions). Such stores may open four Sundays per year in Berlin, Sunday religious holidays are forbidden.

Unexpected results. These restrictions do not prevent Austria to see 17.4% of its assets usually work on Sundays. In contrast, liberalizing Sunday work does not make it necessarily more than this: in Sweden, only 11.9% of employees work regularly on Sundays.
An economic debate in America. The effectiveness of the liberalization of Sunday work is being challenged in North America. If the creation Employment is at an appointment with an increase of 2 to 6% of employment in the trade sector, the results related to productivity are much more mixed. According to economist Michal Skuterud in 2005, Canada's productivity has become negative while the analysis by Michael Burda and Philippe Weil, focused on the U.S., did some work Sunday a major factor in productivity. A third analysis of Philip Askenazy links for Sunday and rising prices, the competition is so low that day. A balance sheet is mixed, although it's a safe bet that the current U.S. economic conditions will push the legislature to further liberalize the use Sunday for the greatest number.

A European debate on substantive moral and social values. In Europe, the debate also focused on values less economical. Against those who, like Richard Mallié UMP in France (containing a quote from Jaurès) defend the "freedom to work", European Catholic family associations have claimed "freedom of family life." This type of back lot about the side of conservative Christian groups who see the day last Sunday a symbol of collective belief. Other family associations have called for an International Day on Sunday without work, set each year on March 3. Beyond religious associations, the laity, as the CGT in France, defending the right to rest Sunday as "a constituent element of life at work and live together."


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