FIXED-TERM CONTRACTS : ADVOCATE-GENERAL: 1999 DIRECTIVE DOES NOT COVER PAY.

With the debate on quality of work and flexicurity' in full swing, the conclusions handed down by EU Court of Justice Advocate-General Miguel Poiares Maduro on the 1999 Directive on fixed term contracts (FTC) are well worth reading carefully. Not only have they already provoked a debate within the Court, involving legal experts in social rights, they may also pre-empt a possible future debate on minimum income and temporary work.

The Court was asked two questions. Does the 1999 directive include civil servants? Does it apply to pay? (conclusions of 10 January, Yolanda Del Cerro Alonso, C-307/05)

To recall, Clause 4 of the framework agreement between social partners, concluded on 18 March 1999 and implemented by the directive, states that "in respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds".

REGULATED STAFF EXCLUDED

According to the agreement signed between social partners, the text "applies to fixed-term workers who have an employment contract or employment relationship as defined in law, collective agreements or practice in each member state". Having analysed the case law, the...