Elliniko Dimosio (Personnel de nettoyage d'etablissements scolaires) (Order) French Text [2022] EUECJ C-133/21_CO (07 April 2022)

Elliniko Dimosio (Personnel de nettoyage d'etablissements scolaires) (Order) French Text [2022] EUECJ C-133/21_CO (07 April 2022)

Clause 4(1) of the Framework Agreement annexed to Directive 1999/70/EC precludes national legislation that denies fixed-term workers, whose contracts are classified as contracts for services, the right to equal pay with comparable permanent workers solely because they knowingly performed work under fixed-term...

Source-derived case information.

Citation
[2022] EUECJ C-133/21_CO
Parties
Applicant: VP, CX, RG, TR et al.; Respondent: Elliniko Dimosio (Greek State)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Order on Preliminary Questions From Efeteio Athinon (athens Court of Appeal)
Outcome
Preliminary ruling: Clause 4(1) of the Framework Agreement annexed to Directive 1999/70/EC precludes national law denying equal pay to fixed-term workers on the basis described.
Legal Topics
Fixed Term Employment, Non Discrimination, Equal Pay, Directive 1999/70/ec, Employment Contracts in the Public Sector
European Union Law Labour Law Social Policy Fixed Term Employment Non Discrimination Equal Pay Directive 1999/70/ec Employment Contracts in the Public Sector

Source-derived case record

Summary, issues, holding and outcome

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Parties

VP, CX, RG, TR et al.

Applicant

Elliniko Dimosio (Greek State)

Respondent

Procedural Posture

Preliminary Reference / Order on Preliminary Questions From Efeteio Athinon (athens Court of Appeal)

  1. 1 Whether national law allowing lower pay for fixed-term workers compared to permanent workers, justified solely by the fixed-term nature and knowledge of permanent needs, is compatible with clause 4 of the Framework Agreement annexed to Directive 1999/70/EC.

Ratio Decidendi

Clause 4(1) of the Framework Agreement annexed to Directive 1999/70/EC precludes national legislation that denies fixed-term workers, whose contracts are classified as contracts for services, the right to equal pay with comparable permanent workers solely because they knowingly performed work under fixed-term contracts to meet permanent and lasting needs of the employer. Such knowledge does not constitute an objective justification for pay disparity.

Court Disposition

Preliminary ruling: Clause 4(1) of the Framework Agreement annexed to Directive 1999/70/EC precludes national law denying equal pay to fixed-term workers on the basis described.

Orders

  • Clause 4(1) of the Framework Agreement must be interpreted as precluding national legislation that denies a fixed-term worker, whose contract is classified as a contract for services, the right to equal pay with a comparable permanent worker solely because the worker knowingly performed work under a fixed-term...