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Fixed-term contract case: concept of "employment conditions" - de Diego Porras v Ministerio de Defensa (2016) (C-596/14) [ECJ] 14.09.16 (Unreported)

Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Compensation for termination of a contract of employment — Compensation not provided for by the national legislation for temporary employment contracts — Difference of treatment as compared with permanent workers. HELD that Clause 4 must be interpreted as not allowing national legislation which failed to provide any compensation for termination of a contract of employment to a worker employed under a temporary replacement contract while allowing such compensation to be granted to comparable workers employed under a contract of indefinite duration.

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Category: Employment » EC Law; Fixed-term workers. Area(s) of law: Employment.

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