Fixed Term Workers, Non-Discrimination and Compensation on the Termination of Employment

Posted in : LK Shields on Employment Law on 23 January 2018
Barra Lysaght
LK Shields

Is it discriminatory for a fixed-term worker to receive less compensation on the expiry of his or her contract than a worker (whether fixed-term or permanent) who is dismissed?

This is the question considered by the Court of Justice of the EU’s Advocate General Kokott in two opinions relating to the interpretation of Directive 1999/70/EC concerning the framework agreement on fixed-term work (‘the Directive').  

Legal framework

The Directive establishes a legal framework for ensuring equal treatment between fixed-term workers and comparable permanent workers.

In particular, clause 4(1) of

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This article is correct at 23/01/2018

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Barra Lysaght
LK Shields

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