The CJEC considers that directive 99/70 on fixed-term contracts is not violated when a public employer is not obliged to convert an abusive fixed-term contract into a permanent one, whereas a private employer can be obliged to do so, as long as the sanctions which apply to the public employer are identical in terms of effectiveness. (Ref 06868)
The plaintiffs, hired several times – successively – under fixed-term contracts, challenged the term put to their working relationship by their public employer (a hospital establishment) by demanding that the regulations applicable to the private sector be applied to their employer. Indeed, Italian law allows the conversion of abusive successive fixed-term contracts when the employer is private, but excludes this possibility when the employer is public. These two judgments of September 7th come
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