EU: national regulation providing for shorter notice periods for fixed-term contracts than for permanent ones goes against Community law (ECJ)

In a verdict rendered on March 13, in a case involving Polish law, the European judges stated that national regulations providing for shorter notice periods for fixed-term contracts than for permanent ones are contrary to Directive 1999/70 that transposes the European social partners’ agreement on fixed-term work.
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Polish labor law provides that, where a fixed-term contract is concluded for a period exceeding six months, the parties may provide for the contract to be terminated on two weeks’ notice, whereas, for a permanent contract, the notice period is one month if the worker has been employed for at least six months. Yet, Directive 1999/70, which transposes the European social partners’ agreement on fixed-term work, imposes equal treatment between workers on a fixed-term and permanent contract. Accor

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