# CE2004084EN.01038301.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/383 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/383

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(2004/C 84 E/0445)

WRITTEN QUESTION E-0380/04

by Alexandros Alavanos (GUE/NGL) to the Commission

(12 February 2004)

Subject:   Contract-holders at the Fire Service

Subject:

Every year the Fire Service takes on approximately 5 500 fire-fighting/rescue workers on contracts; it states that this is because of a lack of staff (3 500 vacant posts). These workers, who have been the same for decades, are taken on every year on a fixed-term contract, usually for five months, based on a five-year list. The basic qualification for being on the list was the fact that the workers in question had served as volunteer forest fire-fighters. These workers, however, are called upon to intervene in events (road accidents, floods, earthquakes, etc.) throughout the duration of the year and after their contracts have ended, unpaid, on the grounds that they are volunteer fire-fighters. Under the Fire Service's regulations, any refusal by them to work on a volunteer basis may have a consequence on the renewal of their contracts.

| 1. | In view of Directive 2000/78 (1), do the above facts not constitute victimisation under the terms of Article 11? |
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1.

In view of Directive 2000/78 (1), do the above facts not constitute victimisation under the terms of Article 11?

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| 2. | Can those of the workers who, despite this, yield to pressure and agree to carry out duties whenever they are called on and not only in exceptional circumstances (at least four times per month) — thus making it impossible for them to be employed by another employer — argue that they are meeting fixed and constant needs of the Fire Service? |
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2.

Can those of the workers who, despite this, yield to pressure and agree to carry out duties whenever they are called on and not only in exceptional circumstances (at least four times per month) — thus making it impossible for them to be employed by another employer — argue that they are meeting fixed and constant needs of the Fire Service?

Answer given by Mr Dimas on behalf of the Commission

(22 March 2004)

(22 March 2004)

| 1. | Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation puts in place such a framework, and prohibits discrimination on grounds of age, disability, religion or belief or sexual orientation. The Directive covers access to employment, pay, working conditions, dismissal, training etc, and both direct and indirect discrimination are covered. |
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1.

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation puts in place such a framework, and prohibits discrimination on grounds of age, disability, religion or belief or sexual orientation. The Directive covers access to employment, pay, working conditions, dismissal, training etc, and both direct and indirect discrimination are covered.

From the information provided, the Commission does not believe that the treatment of the workers in question is based on any of the grounds of discrimination covered by the Directive, and that therefore the issue raised does not fail within the material scope of Directive 2000/78/EC.

| 2. | There is no Community legislation establishing the criteria for when a fixed-term contract rather than an open-ended contract can be concluded. Whether the work carried out meets fixed and constant needs of the Fire Service is an issue to be addressed by the competent national authorities. |
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2.

There is no Community legislation establishing the criteria for when a fixed-term contract rather than an open-ended contract can be concluded. Whether the work carried out meets fixed and constant needs of the Fire Service is an issue to be addressed by the competent national authorities.

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(1)  OJ L 303, 2.12.2000, p. 16.

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