In his conclusions given on the occasion of a Spanish case relating to directive 99/70 on fixed-term contracts, general Advocate Poiares Maduro proposes to the CJEC to affirm that the principle of equal treatment does not include the salary. This directive, ignored for a long time, is at the center of a certain number of recent rulings. This last case raises a question whose answer seems obvious for most people. (Ref. 070030)
In this case, an employee of the public health service of a Spanish autonomous community had brought a case in discrimination against her employer’s refusal to pay a bonus given the fact that she did not have the necessary seniority (3 years) as a permanent statutory employee. The applicant had worked beforehand as a temporary statutory personnel whereas these bonuses are granted only to the permanent statutory personnel.
Exclusion of economic conditions. The jurisdiction of reference then asked
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