INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW on a weekly basis or on average over a period of employment of up to one year, are less than the normal hours of work of a comparable full - time worker”. Contrary to what the decision implies, the two criteria are not equal - ranking and have different goals, as the scope of application of the agreement is laid down by clause 2 and, therefore, refers to the law and practice of the relevant Member State, whereas the effectiveness of clause 3 assumes that the prior condition is met. In the case under examination, if the Bundesarbeitsgericht and the air carrier did not question that the pre - conditions required by clause 2 were met, it can be concluded that the problem does not exist in accordance with the German law and that the pilot’s contract is part - time. The same conclusion could not be reached in other national law systems, for example the Italian one, which certainly allows increases in the number of days of leave; this does not amount to the execution of a part - time contract, which requires the working hours be reduced. Any increase in the number of days of leave is a different and incompatible concept. This does not mean that the following conclusions stated in the judgement are irrelevant but downsizes their importance. At least in a mechanical and to – the - point manner, the conclusions are not relevant for all Member States, for example for Italy. 3. ZUSÄTZLICHE VERGÜTUNG AND THE BREACH OF THE PRINCIPLE OF NO LESS FAVOURABLE TREATMENT OF PART-TIME WORKERS VS. COMPARABLE FULL-TIME WORKERS Having held that the Bavarian pilot’s employment relationship was part - time, the solution of the question referred by the Bundesarbeitsgericht is quite unavoidable, given that, as the judgement reads, “a part-time pilot receives additional remuneration not from the first hour in which the first level of the individual trigger threshold is exceeded, but only when the first level of the trigger threshold applicable to full - time pilots is exceeded”. To a part - time contract the equal treatment principle under clause 4.1 of the framework agreement shall apply, which provides that, “in respect of employment conditions, part - time workers are not to be treated in a ‘less
RkJQdWJsaXNoZXIy MTE4NzM5Nw==