CJEU: aff. C‑38/13, Małgorzata Nierodzik, 13 March 2014
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).
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
13 mars 2014
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Union européenne
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Jurisprudence
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