argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: work - fixed term - indemnity

On 22 January 2020, in case no. C-177/18, the E.U. Court of Justice was called upon to provide clarifications, regarding the refusal to pay an indemnity due following the termination of the fixed-term employment relationship. The lawsuit concerned an employee of the municipality of Madrid hired as an interim official responsible for the maintenance of green spaces and whose contract specifically specified that the hiring was carried out to fill a vacant post until the appointment of an official. Following the occurrence of the event, the employee requested the Municipality to pay an indemnity for termination of duties equal to twenty days of remuneration per year of service that was denied. From a regulatory point of view, regarding the conditions of employment, clause 4, point 1 of the framework agreement on fixed-term work invoked in the case, prohibits that fixed-term workers are treated less favorably than permanent workers at unless there are objective reasons. The Court held that national legislation which does not provide for the payment of any allowance neither to temporary workers employed as interim officials nor to permanent officials who are employed in the context of a temporary employment relationship is not contrary to European legislation undetermined at the time of termination of the service.