b) No detriment
The second condition is that the no worker must be subjected to any detriment by his employer because he is not willing to give his agreement to work more than the average weekly maximum. The Commission considers that the notion of detriment protects the concerned worker not only against dismissal but includes other forms of harm or disadvantages, for example, compulsory transfer to another department or position (414). The Commission also considers this obligation to protect the worker from any detriment to apply to the worker’s withdrawal of agreement. To comply with this condition effectively, Member States are obliged to ensure that means of redress are available.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.