Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/08/2020

Subject: According to the Court, Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation must be interpreted as not being applicable to national legislation under which, among members of the teaching staff of a university continuing to work there after reaching the statutory retirement age, only lecturers with doctoral supervisor status may retain their status as tenured lecturers, while lecturers without doctoral supervisor status may conclude only fixed-term employment contracts with that establishment, which include a system of lower remuneration than that for tenured lecturers. Moreover the Cort affirmed that the Framework Agreement on fixed-term work precludes the application of national legislation under which, among members of the teaching staff of a university who continue to work there after reaching the statutory retirement age, only lecturers with doctoral supervisor status may retain their status as tenured lecturers, while lecturers without doctoral supervisor status may conclude only fixed-term employment contracts with that establishment, which include a system of lower remuneration than that for tenured lecturers, to the extent that the first category of lecturer is composed of permanent workers comparable to the workers in the second category, and that the difference in treatment arising, in particular, from the system of remuneration in question is not justified by an objective reason

Parties: Universitatea "Lucian Blaga" Sibiu e a.

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation

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