(a) objective reasons justifying the renewal of such contracts or relationships Of specific sectors and/or categories of workers, one or more of the following measures: Shall, where there are no equivalent legal measures to prevent abuse, introduce in a manner which takes account of the needs To prevent abuse arising from the use of successive fixed-term employment contracts or relationships, Member States, afterĬonsultation with social partners in accordance with national law, collective agreements or practice, and/or the social partners Clause 5 of the Framework Agreement concerns measures to prevent the abuse of successive fixed-term employment contracts or (b) establish a framework to prevent abuse arising from the use of successive fixed-term employment contracts or relationships.’Ħ. (a) improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination ‘The purpose of this framework agreement is to: Clause 1 of the Framework Agreement accordingly defines its purpose as follows: In certain sectors, occupations and activities which can suit both employers and workers’. ( 4)ĥ. The Framework Agreement is underpinned, on the one hand, by the consideration ‘that contracts of an indefinite duration are,Īnd will continue to be, the general form of employment relationship between employers and workers’. ( 3) However, the Framework Agreement at the same time acknowledges that fixed-term employment contracts ‘are a feature of employment On 18 March 1999 by three general cross-industry organisations (ETUC, UNICE and CEEP) and annexed to the directive, is implementedĤ. The Framework Agreement on fixed-term work (hereinafter ‘Framework Agreement’), concluded On fixed-term work concluded by ETUC, UNICE and CEEP ( 2) (hereinafter ‘Directive 1999/70’). The Community legislation relevant to this case is Council Directive 1999/70/EC of 28 June 1999 concerning the Famework Agreement In this case the Court of Justice also looks at a matter of fundamental significance, namely the time from which nationalĬourts are required to interpret national law in accordance with directives.ģ. This matter focuses in particular on the measures necessary to prevent the abuse of successive fixed-term employment contracts.Ģ. The Monomeles Protodikio Thessalonikis (Single-Judge Court of First Instance, Thessaloniki, Greece), has made a referenceįor a preliminary ruling, enquiring about the requirements of Community law applying to such fixed-term employment relationships. The present case looks at how fixed-term employment relationships are used by public sector employers in Greece. Of that directive – Framework agreement on fixed-term work (Directive 1999/70) – Successive fixed-term employment relationships in the public sector – Objective reasons – Measures to prevent abuse)ġ.
(Obligation to interpret national law in accordance with a given directive before expiry of the period prescribed for transposition (Reference for a preliminary ruling from the Monomeles Protodikio Thessalonikis (Greece))
Reference for a preliminary ruling: Monomeles Protodikeio Thessalonikis - Greece.ĭirective 1999/70/EC - Clauses 1(b) and 5 of the framework agreement on fixed-term work - Successive fixed-term employment contracts in the public sector - Concepts of 'successive contracts' and 'objective reasons' justifying the renewal of such contracts - Measures intended to prevent abuse - Sanctions - Scope of the obligation to interpret national law in conformity with Community law. Konstantinos Adeneler and Others v Ellinikos Organismos Galaktos (ELOG). Opinion of Advocate General Kokott delivered on 27 October 2005. # Directive 1999/70/EC - Clauses 1(b) and 5 of the framework agreement on fixed-term work - Successive fixed-term employment contracts in the public sector - Concepts of 'successive contracts' and 'objective reasons' justifying the renewal of such contracts - Measures intended to prevent abuse - Sanctions - Scope of the obligation to interpret national law in conformity with Community law.
# Reference for a preliminary ruling: Monomeles Protodikeio Thessalonikis - Greece. # Konstantinos Adeneler and Others v Ellinikos Organismos Galaktos (ELOG).
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