An employee recruited on a fixed-term contract was dismissed during the course of this contract. The employer gave the notice period required under Polish law, but offered no explanation in the letter of dismissal. The former employed believes that the absence of such information infringed the principle of non-discrimination enshrined in EU law and in Polish law, since that obligation exists in the event of termination of employment contracts concluded for an indefinite period. The Court of Justice finds that this constitutes discrimination, for which the Polish government can provide no valid justification. The Court rules that clause 4 of the framework agreement on fixed-term employment contracts, concluded on 18 March 1999, must be interpreted as “precluding national legislation under which an employer is not required to state, in writing, the reasons for the termination of a fixed-term employment contract with a notice period, although it is bound by such an obligation in the event of termination of an employment contract of indefinite duration”. The Court also calls on the national court to apply Article 47 of the Charter of Fundamental Rights to set aside the national provision that is contrary to EU law.
CJEU: Case C‑715/20, K.L, 20 February 2024
Date of publication
20 February 2024
Available language
English | French | German | Italian | Polish | Spanish
Country/countries concerned
European Union | Poland
Categories
Case Law
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