Ruling on a litigation concerning the principle of equal treatment between fixed-term workers and comparable permanent workers, set out in the directive 99/70/EC concerning fixed-term work, the Court of Justice ruled that this principle does apply to constituent parts of the pay and that a national collective agreement cannot derogate from it. (Ref. 070750.)
In this specific case, an employee from the Spanish public health service had brought an action for discrimination against her employers’ refusal to grant her a bonus because she did not have the required seniority (3 years) as a temporary regulated staff. This condition was contained in the national collective agreement. First, the claimant had worked as a member of the ‘temporary regulated staff’ whereas these bonuses only apply to members of the ‘permanent regulated staff.’ The national judg
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