Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/11/2021

Subject: The Court affirmed that the expression ‘successive fixed-term employment contracts’ also covers the automatic extension of the fixed-term employment contracts of workers in the cleansing sector of local and regional authorities, which has taken place in accordance with express provisions of national law, notwithstanding the fact that the generally prescribed formal requirement that successive contracts be concluded in writing has been disregarded. According to the Court, where abuse of successive fixed-term employment contracts has occurred, the obligation incumbent on the referring court to undertake, to the fullest extent possible, an interpretation and an application of all the relevant provisions of domestic law capable of duly penalising that abuse and of nullifying the consequences of the breach of EU law extends to an assessment of whether the provisions of earlier national legislation, which remain in force, and which permit the conversion of a succession of fixed-term contracts to one employment contract of indefinite duration, may, where appropriate, be applied for the purposes of that interpretation in conformity with EU law, even though national constitutional provisions impose an absolute prohibition, in the public sector, on such conversion

Parties: M.V. e a. (Contrats de travail à durée déterminée successifs dans le secteur public)

Classification: Solidarity - Art. 27 Worker’s rights: information

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