Temporary employment contracts and EU law: Correction in the offing?
Labor Newsletter - January 2018
In one of the latest preliminary ruling requests before the CJEU, an EU advocate general has revisited the “de Diego Porras” case law on severance pay for the termination of temporary contracts. Her opinion points to a qualification being made to EU and, in turn, Spanish employment case law.
The advocate general tackles three big issues: first, whether the expression “employment conditions” referred to in clause four of the Annex to Directive 1999/70 and with respect to there is a prohibition on fixed-term workers being treated in a less favorable manner than comparable permanent workers, includes the severance that is owed upon termination of an employment contract; second, whether the principle of non-discrimination, as regards the conditions governing the termination of employment contracts, means that the various forms of temporary contracts must be treated uniformly; and third, whether the situation of fixed-term workers is “comparable” to that of permanent workers when it comes to severance pay.
Although the Court will most likely follow the advocate-general’s opinion, the matter is far from closed.
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