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Case Law C-245/17 (21/11/2018)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/21/2018

Subject: The Court affirmed that Framework Agreement on fixed-term work, concluded on 18 March 1999, does not preclude national legislation which allows an employer to terminate, at the end of the teaching period, the employment relationship of fixed-term teachers recruited as interim civil servants for one academic year, on the ground that the conditions of necessity and urgency attached to their recruitment have ceased to apply on that date, whereas the employment relationship of indefinite duration of teachers who are established civil servants is maintained. Moreover, Directive 2003/88/EC concerning certain aspects of the organisation of working time does not preclude national legislation which allows termination, at the end of the teaching period, of the fixed-term employment relationship of teachers recruited for one academic year as interim civil servants, even if this deprives those teachers of days of paid annual leave which correspond to that academic year, provided that such teachers receive an allowance on that account

Parties: Viejobueno Ibánez e de la Vara González

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 31 Paid leave

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