Fixed-Term Work: Non-Discrimination & Abuse Prevention

Posted on Jan 20, 2025 in Tourism

Fixed-Term Work: Key Principles

If there is no comparable permanent worker in the same workplace, the comparison is made by reference to the applicable collective agreement or, in the absence of any applicable collective agreement and in accordance with legislation, collective agreements or practice.

Non-discrimination Principle

  1. As regards working conditions, workers with fixed-term contracts shall not be treated less favorably than comparable permanent workers solely because they have a fixed-term contract, unless different treatment is justified on objective grounds.
  2. Where appropriate, the principle of pro rata basis shall apply.
  3. The provisions for the implementation of this clause shall be defined by Member States after consultation with social partners and/or social partners, under EU law and legislation, collective agreements and practices.
  4. The criteria for qualifications relating to conditions of employment shall be the same for workers with fixed-term contracts as for permanent workers, unless different service qualifications are justified on objective grounds.

Measures to Prevent Abuse

  1. To prevent abuse arising from the use of successive contracts or fixed-term employment relationships, Member States, in consultation with social partners and under the law, collective agreements and practices, and/or social partners, where there are no equivalent legal measures to prevent abuse, shall introduce, in a manner that takes into account the needs of different sectors and/or categories of workers, one or more of the following measures:
  • a) objective reasons justifying the renewal of such contracts or relationships;
  • b) the maximum duration of successive contracts of employment or fixed-term employment relationships;
  • c) the number of renewals of such contracts or relationships.


Fixed-Term Hiring

Study of Directive 1999/70/EC of 28 June 1999. The directive is intended to implement the framework agreement on fixed-term work concluded on March 18, 1999 between the general cross-industry organizations (UNICE, CEEP and the ETUC). 18.3.1999 Agreement as an example of social dialogue between employers and workers organizations in Europe.

Purpose of the Framework Agreement

The purpose of the Framework Agreement is:

  • a) to improve the quality of work life by ensuring respect for the principle of non-discrimination;
  • b) to establish a framework to prevent abuse arising from the use of successive contracts or fixed-term employment relationships.

Scope

  1. The agreement applies to workers with fixed-term employment contracts or employment relationships as defined by legislation, collective agreements or practice in each Member State. Private sector / public sector. Vid jurisprudence of the ECJ.
  2. Member States shall, in consultation with social partners, and/or social partners may provide that the agreement does not apply to:
  • a) initial vocational training relationships and apprenticeship schemes;
  • b) contracts or employment relationships concluded in the context of a specific program training, integration and vocational retraining, public or held by public authorities.

Definitions

For the purposes of the Agreement, the following shall apply:

  1. “Workers with fixed-term contracts” means a worker with an employment contract or relationship entered into directly between an employer and an employee, in which the end of the employment contract or relationship is determined by objective conditions such as a specific date, the performance of a work or service, or the production of a specific event.
  2. “Worker with a comparable permanent contract” means a worker with a contract or relationship of indefinite duration, in the same establishment, who performs work or an occupation that is identical or similar, taking into account their qualifications and work function.