Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/07/2014

Subject: The Court affirmed that the Framework Agreement, concluded on 1999, must be interpreted as meaning that it applies to workers, such as the appellants in the main proceedings, who are employed as seafarers under fixed-term employment contracts on board ferries making sea crossings between two ports situated in the same Member State. The Framework Agreement on fixed-term work does not preclude, in principle, national legislation, such as that at issue in the main proceedings, which provides for the conversion of fixed-term employment contracts into employment contracts of indefinite duration only in circumstances where the worker concerned has been employed continuously under such contracts by the same employer for a period longer than one year. According to the Court, it is, however, for the referring court to satisfy itself that the conditions of application and the effective implementation of that legislation result in a measure that is adequate to prevent and punish the misuse of successive fixed-term employment contracts or relationships.

Parties: Maurizio Fiamingo, Leonardo Zappalà, Francesco Rotondo e a.

Classification: Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation - Art. 28 Rights of workers, employers and their organisations: organisation - Rights of workers, employers and their organisations: negotiations - Rights of workers, employers and their organisations: collective agreements - Rights of workers, employers and their organisations: collective actions - Rights of workers, employers and their organisations: strike

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