CJEU 13 March 2014, C‑190/13, Antonio Márquez Samohano

The European Court of Justice delivered two judgements on 13 March relating to the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to directive 1999/70 of 28 June 1999.

The Court found that national legislation cannot provide for different notice rules for fixed-term contracts of employment of more than six months (a fixed notice period of two weeks) and contracts of indefinite duration (notice ranging from two weeks to three months depending on the length of service of the worker concerned), where the two categories of workers are in comparable situations. (CJEU 13 March 2014, C-38/13, Małgorzata Nierodzik). In another case, it accepted a rule which allows universities to renew successive fixed-term contracts concluded with associate lecturers without any limit on the maximum duration or number of renewals of such contracts, insofar as such contracts are justified by an objective reason. (CJEU 13 March 2014, C-190/13, Márquez Samohano).

Date of publication

MARCH 13, 2014

Available language

Allemand | English | Français | Spanish

Country/countries concerned

European Union

Categories

Case Law

Other Related Documents

CJEU, 15 December 2022, Case  C-311/21, CM

On 15 December 2022, in a German case, the Court of Justice specified how a collective agreement allowing temporary agency workers to be paid less than employees of the user undertaking must provide for countervailing benefits, to respect ”the overall protection” to...

read more

Other IR Share Services

We are called upon to devise training programmes based on needs expressed by a number of companies; we publish analyses and create tailor-made training activities for groups, works councils, trade unions and law firms. Our most recent projects are described here

IR Notes

Short description about this domain and the documents inside

IR Training

Short description about this domain and the documents inside

IR News

Short description about this domain and the documents inside

IR Club

Short description about this domain and the documents inside

Get in Touch

Follow us on Social Media