CELEX: 62011CJ0157
Social policy
Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
Directive 1999/70/EC
Clause 2
Concept of 'an employment contract or relationship defined by law, collective agreements or practice in force in each Member State'
Scope of the framework agreement
Clause 4, point 1
Principle of non-discrimination
Persons carrying out 'work of social utility' with public authorities
National rule excluding the existence of an employment relationship
National rule establishing a difference between the benefit paid to socially useful workers and the remuneration received by workers engaged under a contract of definite and/or indefinite duration by the same public authorities and carrying out the same activities

Reference for a preliminary ruling — Tribunale di Napoli — Interpretation of clauses 2, 3, 4 and 5 of the Annex to Council
Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
(OJ 1999 L 175, p. 43) — Principle of non‑discrimination — Unemployed persons registered in mobility lists or as job seekers
engaged by public authorities for a fixed term carrying out work of social utility/work of public utility (known as socially
useful workers/publicly useful workers) — National legislation establishing a difference in treatment in terms of pay between
socially useful workers/publicly useful workers and workers engaged under a contract of indefinite duration by the same public
authorities performing the same duties.
Operative part
Clause 2 of the framework agreement on fixed-term work concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC
of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted
as not precluding national legislation such as that at issue in the main proceedings, which provides that the relationship
between socially useful workers and the public authorities for whom they carry out their activities does not fall within the
scope of that framework agreement when, and which it is for the national court to determine, those workers are not covered
by an employment relationship as defined by national law, collective agreements or practice in force, or the Member States
and/or social partners have exercised the option granted to them under point 2 of that clause.