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CJEU Case C-574/16 / Opinion

Grupo Norte Facility SA v Angel Manuel Moreira Gómez

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate Gnereal
Decision date:
20/12/2017

Key facts of the case:

Reference for a preliminary ruling — Social policy — Fixed-term employment — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Principle of non-discrimination against fixed-term workers — Entitlement of the worker to compensation on termination of the employment contract — Fixed-term employment contract in the form of a relief contract — Difference in treatment in relation to permanent workers.

Outcome of the case:

In the light of the above considerations, I propose that the Court answer the request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) as follows:

Clause 4(1) of the framework agreement on fixed-term work in the Annex to Directive 1999/70/EC is to be interpreted as meaning that it does not constitute discrimination against fixed-term workers if, on the expiry of their employment contracts because the term agreed has been reached, the agreed task has been completed or the agreed event has occurred, they are not entitled to compensation or are entitled to a lesser amount of compensation than workers whose employment contracts, whether for a fixed period or for an indefinite period, are terminated on dismissal by the employer on objective grounds.