Fixed Term Workers, Non-Discrimination and Compensation on the Termination of EmploymentPosted in : LK Shields on Employment Law on 23 January 2018 Issues covered:
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').
The Directive establishes a legal framework for ensuring equal treatment between fixed-term workers and comparable permanent workers.
In particular, clause 4(1) of the framework agreement annexed to the Directive provides that fixed-term workers must not be
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