O (Judgment) [2015] EUECJ C-432/14 (01 October 2015)

O (Judgment) [2015] EUECJ C-432/14 (01 October 2015)

A student employed under a fixed-term contract during school or university holidays is not in a situation objectively comparable to other workers entitled to the end-of-contract payment, given the ancillary and temporary nature of such employment and the lack of job insecurity. Therefore, the difference in treatment does not constitute discrimination on grounds of age under EU law.

Citation
[2015] EUECJ C-432/14
Parties
Applicant: O; Respondent: Bio Philippe Auguste SARL
Jurisdiction
European Union
Judgment Date
01 October 2015
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Reference answered; national legislation excluding students working during holidays from end-of-contract payment is not precluded by the principle of non-discrimination on grounds of age.
Legal Topics
Non Discrimination on Grounds of Age, Fixed Term Employment Contracts, End of Contract Payment, Comparability of Workers, Social Policy Discretion
Labour Law European Union Law Anti Discrimination Law Non Discrimination on Grounds of Age Fixed Term Employment Contracts End of Contract Payment Comparability of Workers Social Policy Discretion

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Parties

O

Applicant

Bio Philippe Auguste SARL

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Does the principle of non-discrimination on grounds of age preclude national legislation excluding young persons working during school/university holidays from entitlement to an end-of-contract payment?

Ratio Decidendi

A student employed under a fixed-term contract during school or university holidays is not in a situation objectively comparable to other workers entitled to the end-of-contract payment, given the ancillary and temporary nature of such employment and the lack of job insecurity. Therefore, the difference in treatment does not constitute discrimination on grounds of age under EU law.

Court Disposition

Reference answered; national legislation excluding students working during holidays from end-of-contract payment is not precluded by the principle of non-discrimination on grounds of age.

Orders

  • The principle of non-discrimination on grounds of age does not preclude national legislation excluding young persons working during school/university holidays from entitlement to an end-of-contract payment.
  • Costs are to be determined by the national court.