Order of the Court of Justice (Second Chamber) of 19March 2019— CCOO
(Case C‑293/18)(1)
(Reference for a preliminary ruling— Social policy— Directive 1999/70/EC— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Clauses 2 and 3— Definition of ‘fixed-term worker’— Clause 4— Principle of non-discrimination— Comparability of situations— Justification— Compensation in the event of the termination of a permanent employment contract on an objective ground— No compensation on expiry of a fixed-term pre-doctoral employment contract)
1.Social policy— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Directive 1999/70— Scope— Personnel employed under pre-doctoral contracts— Included
(Council Directive 1999/70, Annex, Clauses 2(1) and 3(1))
(see paras 27-30, 34, operative part 1)
2.Social policy— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Directive 1999/70— Objective reasons justifying different treatment— Definition— Compensation in the event of termination of an employment contract of indefinite duration on objective grounds— No compensation on expiry of a fixed-term pre-doctoral employment contract— Lawfulness
(Council Directive du Conseil 1999/70, Annex, Clauses 3(1) and 4(1))
(see paras 47, 49-53, operative part 2)
Operative part
1. |
| The Framework agreement on fixed-term work concluded on 18March 1999, in the annex to Council Directive 1999/70/EC of 28June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, in particular Clause 2(1) and Clause 3(1), must be interpreted as meaning that it applies to workers such as the personnel employed under the pre-doctoral contracts at issue in the main proceedings. |
2. |
| Clause 4(1) of the Framework agreement on fixed-term work in the annex to Council Directive 1999/70 must be interpreted as not precluding national legislation which does not provide for any compensation to be paid to workers employed under pre-doctoral contracts, such as those at issue in the main proceedings, upon expiry of those contracts, even where compensation is payable to permanent workers when their employment contract is terminated on objective grounds. |
1 OJ C 259, 23.7.2018.