Fixed-Term Work
Fixed-Term Work : EU Directive 99/70/EC of 28 June 1999 concerning the Framework Agreement on Fixed-term Work, concluded by the UNICE (Union of Industrial and Employers' Confederations of Europe), the CEEP (European Centre of Enterprises with Public Participation) and the ETUC (European Trade Union Confederation) established a general framework encompassing general principles and minimum provisions relating to fixed-term work, to ensure equal treatment of workers. This Directive aimed to implement the Framework Agreement on Fixed-term Work concluded on 18 March 1999 by the UNICE, the CEEP and the ETUC. The Agreement covers only working conditions for fixed-term employees; statutory social security schemes are the prerogative of the European Union (EU) Member States. It concerns fixed- term workers (including seasonal workers), with the exception of workers placed at the disposal of a user undertaking by a temporary employment agency. However, the parties intend to adopt a similar agreement to cover temporary employment. Moreover, the Member States may provide that this Agreement does not apply to: initial vocational training relationships and apprenticeship schemes; employment contracts and relationships entered into in connection with a specific public or publicly supported training, integration or vocational retraining programme. The Agreement forbids employers to treat fixed-term workers in a less favourable manner than permanent workers solely because they have a fixed-term contract, unless the difference in treatment can be justified on objective grounds. It aims to improve the quality of fixed-term work by ensuring application of the principle of non-discrimination, and to prevent abuse arising from the use of successive fixed-term employment contracts or relationships. To prevent abuse arising from the use of successive fixed-term employment contracts or relationships, the EU Member States, after consultation with the social partners, must introduce one or more of the following measures (taking account of the needs of specific sectors and/or categories of workers): (1) objective reasons justifying the renewal of such contracts or relationships; (2) the maximum total duration of successive fixed-term employment contracts or relationships; (3) the number of renewals. As far as possible, employers must facilitate access for fixed-term workers to appropriate training opportunities to enhance their skills, career development and occupational mobility. Fixed-term workers must be taken into consideration in calculating the threshold above which workers' representative bodies may be constituted. EU Member States may introduce more favourable provisions than set out in the Directive. Implementation cannot constitute valid grounds for reducing the general level of protection afforded to workers in the field of the Directive. Member States must determine the penalties applicable for infringements of national provisions implementing this Directive, and must bring into force the laws, regulations and administrative provisions. See: Working time (organization of)
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