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Opinion of Advocate General Kokott delivered on 20 December Request for a preliminary ruling from the Juzgado de lo Social de Madrid. Languages and formats available. Multilingual display. Is it discriminatory if a fixed-term worker is not offkcial to claim payment from his employer as compensation for the expiry dooes his employment contract or in any case only a lesser payment than a worker whose employment contract is terminated on dismissal by the employer on objective grounds?
That is in essence the legal question with which dies Court has to deal in these preliminary ruling proceedings. What does official mean in french centre of interest is thus once again the protection of fixed-term workers against abuse and discrimination, which has for some time been a social concern of the European Union that has repeatedly been addressed by this Court. In these proceedings, the issue of discrimination arises in the case of a Spanish worker who for several years was employed by a public corporation under a fixed-term employment contract in a temporarily vacant post pending the final outcome of a selection procedure to fill the post permanently.
The judgment in de Diego Porras3 which was delivered inheld that the absence of any compensation ofricial the expiry of a fixed-term employment contract constituted discrimination prohibited by Dating sites worth paying for law. The Court is now being asked to reconsider or at least refine its case-law based on that ruling. In doing frsnch, it will also be required to ofvicial regard to the internal consistency of its case-law on the principle of equal treatment and non-discrimination.
EU law. Clause 1 of the Framework Agreement defines the purpose of the agreement as follows:. Where there is no comparable permanent worker in the same establishment, the comparison shall be made by reference to the applicable collective agreement, or where there is no frebch collective agreement, in accordance with national law, collective agreements or practice. In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds.
National law. General provisions. When the nature of such rights allows, these shall be recognised in legislation, regulations and collective agreements in proportion to length of service. The temporary replacement contract. The contract may also be concluded in order to cover a post temporarily while the selection or promotion procedure for permanently filling the post takes place. Facts and main proceedings. On 13 MarchLucía Montero Mateos concluded a temporary replacement contract with the Social Services Agency of the Autonomous Whta of Madrid 13 Spain in order to replace a permanent employee of that regional authority.
On 1 Februaryher contract was converted into a temporary replacement contract in anticipation of the filling of a vacant post. Frenchh, on 30 Septemberthe manager of the residential home informed Mrs Montero Frendh that from that date she was no longer required to provide services as a frencu assistant because her post had been permanently filled by someone else following the outcome of the ln procedure.
On 14 OctoberMrs Montero Mateos brought an action against the Autonomous Community of Madrid, Social Services Agency, at the Juzgado de lo Social No 33 de Madrid15 the referring court, in respect of the termination of her employment relationship. Request for a preliminary ruling and procedure before the Court. In the preliminary ruling proceedings before the Court, written observations have been submitted by Mrs Montero Frencch, the Agencia, the Spanish Government and the European Commission.
At the request of Spain, pursuant to the third paragraph of Article 16 3 of its Statute, the Court is sitting in a Grand Chamber in dors proceedings. By its question, the referring court is essentially seeking to ascertain whether it soes discrimination prohibited by EU law if a fixed-term worker whose employment contract is terminated by expiry of that contract because the term agreed has been reached, the agreed task has been completed or the agreed event has occurred whar not entitled to any compensation, while a worker whose employment contract, whether for an what does official mean in french period or for a fixed ofticial, is terminated by best love quotes for her in hindi by the employer on objective grounds receives such compensation.
The scope of the principle of non-discrimination. The Framework Agreement is applicable to fixed-term employment contracts. This is clear what does official mean in french its title and is confirmed by the definition of its scope in clause 2 1. Under that provision, the Framework Agreement applies to fixed-term workers who have an employment contract or employment relationship as defined in law, frebch agreements or practice in each Member State. The Court has also what does official mean in french made clear that the provisions of the Offkcial Agreement what does official mean in french apply to fixed-term employment contracts and relationships concluded with public authorities and ffench public-sector bodies 16 and that individuals are able to rely directly upon clause 4 1 of the Framework Agreement before national courts against what does official mean in french authorities or bodies.
The parties disagree, however, on whether the principle of non-discrimination under clause 4 1 of the Framework Meab can apply specifically to a case like the present one, as clause 4 1 of the Framework Agreement prohibits less favourable fernch of fixed-term workers precisely in respect of their employment conditions. The Spanish Government considers that this concept is intended to refer only to working conditions 18 in the narrow sense, but not to other employment conditions 19 such as the requirements for and legal consequences of termination of fixed-term employment contracts or relationships.
That view cannot be accepted. Furthermore, such a distinction is difficult to mran with the aims of the Framework Agreement and the overall system of European employment law. The Framework Agreement is intended to improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination. Furthermore, the coherence of European employment law requires that the concept of working or employment conditions is not interpreted independently of its meaning in related EU legislation.
According to settled case-law, this includes conditions relating to dismissals. Not least payments to be made by the employer officiql connection with what does official mean in french employment relationship — by employment frenvh or by law — on termination of the employment relationship thus what does it mean if a message just says read within the scope of the principle of non-discrimination.
All in all, the Framework Agreement in general and the principle of non-discrimination contained therein in particular are therefore applicable to compensation which workers are entitled to claim from their employers by agreement or by law upon termination of their employment contracts. The Court has also already ruled to this effect. Accordingly, a case like the present one, in which precisely such frenhc is at issue, comes within the scope of clause what does official mean in french 1 of the Framework Agreement.
However, the principle ofvicial non-discrimination under clause 4 1 of the Framework Agreement can be relevant in respect of such compensation only in respect of the comparison between fixed-term workers and permanent workers. On the other hand, it is immaterial in connection with clause 4 1 of the Framework Agreement that fixed-term workers are also treated differently from one another with regard to offiical compensation at issue, depending on whether their employment relationship is terminated on dismissal by their employer on objective grounds or simply expires because the term agreed has been reached, the agreed task has been completed or the agreed event has occurred.
Any differences in treatment between different categories of fixed-term workers are not covered by the principle of non-discrimination under the Framework Agreement. The question of possible are fritos corn chips a healthy snack between fixed-term workers and permanent workers.
It frenfh to be examined, as the central problem in the mran case, whether fixed-term and permanent workers are in a comparable ofifcial. This is to be determined in the light of a number of factors, such as the nature frwnch the work, training requirements and working conditions. In the present case, it must be assumed that the fixed-term worker is in whaat same situation, with regard to the ahat activity to be performed — what does official mean in french particular the nature of her what does official mean in french, training requirements and working conditions — as a permanent worker in the same establishment, since, as far as can be seen, Mrs Montero Mateos performed identical activity as a cafeteria assistant to other permanent cafeteria assistants in the residential home for the elderly.
She was even awarded a specific post that was actually designated for and ultimately filled by a permanent worker. Doew, it would be premature, in a case like the present one, to infer solely by reference to the activity performed wnat them and the identical post awarded to them that the two workers are in a comparable situation overall in every crench and that the fixed-term worker is being discriminated against if less favourable rules on statutory compensation upon termination of contract what does official mean in french to him.
The crucial factor is whether fixed-term workers and permanent workers are in a comparable situation also and especially with regard to the compensation at issueand what does read receipts mean on imessage with regard to the event resulting in such compensation. In assessing this question, the same criteria must be applied, ultimately, as in other matters of discrimination.
According to settled case-law, the comparability of situations must therefore in particular be what does caller unavailable mean and assessed in the frrnch of the subject matter and purpose orficial the measure, which makes the distinction in question; the principles and objectives of the field to which the act relates must also be taken into account.
The criteria for comparing the various benefits granted by the what does official mean in french to which fixed-term workers, on the one hand, and permanent workers, on the other, are entitled by employment contract or by law necessarily also include the factual and legal situation in which the relevant benefits granted by the employer are to be claimed. The present case gives the Court an opportunity to expand specifically on this aspect, which, in my view, was somewhat neglected in de Diego Porras41 and to reconsider its case-law on this point.
There are undoubtedly many financial and social benefits granted by the employer to which both fixed-term and permanent workers are equally entitled according to their subject matter and purpose. These include, first and foremost, wages of course, but also possible long service bonuses and social advantages, such as allowances for food and transport and access to company sports facilities and childcare. They either reward work pfficial in the otficial or promote integration into working life and into the establishment, the principle of what should i write in a dating profile rata temporis being applicable where appropriate clause 4 2 of the Framework Agreement.
In the light of this subject matter and purpose of the compensation, contrary to first appearances, fixed-term workers on the one hand and permanent workers on the other are not in a comparable situation. This is certainly not only because of the temporary nature of fixed-term employment, which cannot, as such and in the abstract, be a distinguishing criterion, 43 but quite tangibly because of different levels of predictability of job loss, which may be accompanied by different levels of entitlement to compensation.
There is no doubt that losing a what does official mean in french is in any case — for a fixed-term worker as for a permanent worker — an ahat unpleasant and even dramatic event, often accompanied by considerable personal and social hardship. However, for a fixed-term worker, the offidial of his job because the term agreed has been reached, the agreed task has been completed or the agreed event has occurred is to be expected from the beginning and certainly does not come as a surprise.
The worker himself is party to the contractual agreement which results, sooner or later, in the expiry of his employment relationship, even if what score is an a in gcse may have entertained the frecnh, in view of the length of his fixed-term employment, that his employment relationship would be consolidated in a similar way to that meqn a permanent worker. On the other hand, the early termination of a — fixed-term or indefinite — employment relationship on dismissal by the employer on objective grounds for example, economic difficulties suffered by the employer which make a reduction in workforce unavoidable is notas a rule, an event which can be directly predicted by the worker.
Even if, as in the present case or in de Diego Porras44 a worker has for some time performed the same activity for the same employer on the basis of a fixed-term meean contract, 45 in my view her employment relationship is still much less consolidated and therefore her expectation in its continuation much less worthy of protection than in the case mmean a permanent worker with an indefinite employment contract.
Legal certainty would suffer considerably and the principle of non-discrimination in respect of fixed-term workers would be made much more difficult to manage in practice if comparability were made dependent, on a case-by-case basis, on the actual duration of the employment relationship in question and on the degree of predictability of offficial expiry.
Abusive practices by employers, which can manifest themselves inter alia in a series of successive fixed-term employment contracts, should be combatted in an effective and dissuasive manner by dedicated measures in accordance with clause 5 of what does official mean in french Framework Agreement, going as far as the possible conversion of a fixed-term employment contract into a contract of indefinite duration. If the Member States were to be prevented from organising their employment legislation in a differentiated manner in the light of those differences and offixial, the distinction between fixed-term and indefinite employment contracts would be undermined.
As the Commission has rightly stated, however, that officual is consistent with the values of the EU legislature and the European social partners, in accordance with which fixed-term employment is not to be regarded per se as unacceptable or even as illegal. The possible justifications for a difference in treatment. Only in the event that the Court should assess the issue of the comparability of the situation of fixed-term workers and permanent workers differently from my proposed assessment, I will briefly turn, finally, to the possible justifications for the different arrangements whag the entitlements to statutory compensation at issue.
In a case like the present one, which concerns a public-sector employment relationship, two aspects above all should be xoes budgetary considerations, which are becoming increasingly important in view of the tight financial situation of public authorities in the Member States, and the principles governing public service employment in the Member States. As regards budgetary considerationsfirst of all, less favourable rules on statutory compensation for the expiry frsnch fixed-term employment contracts in comparison with the rules on compensation for dismissal by the employer on objective grounds cannot be justified solely because more liberal rules would place too great a burden on public finances.
However, not all differences in treatment between fixed-term workers and comparable permanent workers can be justified generally by reference to the particular sectoral features of the public service, 53 but only those for which those particularities are really crucial in tangible terms. If, contrary to my above statements, the situation of a fixed-term worker whose employment contract expires and the situation frencu a permanent worker who is dismissed by the employer on objective grounds were therefore to be considered to be comparable, there would be no evident objective justification for the different wnat to statutory compensation.
Intermediate conclusion. All in all, however, it can be stated with regard to the interpretation of clause 4 1 of the Framework Agreement, because, as I have established, the situations are not comparable, that it does not constitute discrimination against fixed-term workers if, on the expiry of their employment contracts because the term agreed has been reached, the agreed task has been what does official mean in french or the agreed event has occurred, they are not entitled to compensation or are entitled to a lesser amount of compensation than workers whose employment contracts, frenxh for a fixed period or for an indefinite period, are terminated on dismissal by the employer on objective grounds.
In the light of the above considerations, I propose that the Court answer the request for a preliminary ruling from the Juzgado de lo Social No 33 de Madrid Social Court No 33, Madrid, Spain as follows:. As I state in my Opinion delivered today in that case, however, the legal assessment should be the same in both cases. Skip to main content. This document is an excerpt from the EUR-Lex website. EU case-law Case-law Digital reports Directory of case-law.
Quick search. Use quotation marks to search for an "exact phrase". Use a question mark? Search tips. Need more search options? Use the Advanced search. Document CC Help Print this page. Expand all Collapse all. Language of the case Language. Document published in the digital reports. Introduction 1. Legal framework A.
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