Brussels, 20 February 2014
Labour law: Commission refers Luxembourg to Court over protection of fixed-term staff
The European Commission has decided to refer Luxembourg to the EU's Court of Justice for breaching its obligations under the Fixed-Term Work Directive (1999/70/EC) to effectively protect certain fixed-term workers.
In particular, Luxembourg has failed to respect the requirements of the Directive as regards:
The Commission became aware of these problems following an assessment of the implementation of Directive 1999/70/EC. The Commission sent a 'reasoned opinion' to Luxembourg under EU infringement procedures in April 2013 (MEMO/13/375) but Luxembourg failed to inform the Commission of measures taken to ensure compliance.
The Fixed-Term Work Directive requires Member States to ensure that all types of fixed-term staff are protected against the abuse of successive fixed-term employment contracts. However, Member States have some discretion about how to protect employees against abusive practices and can choose to introduce between one or more of the following measures:
(a) objective reasons justifying the renewal of such contracts or relationships
(b) the maximum total duration of successive fixed-term employment contracts or relationships
(c) the number of renewals of such contracts or relationships.
On the general infringement procedure: MEMO/12/12
On the February infringement package decisions: MEMO/14/116
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