62021CO0464_INF
Order of the Court (Sixth Chamber) of 26 April 2022 – Universitat de Barcelona
(Case C‑464/21)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Successive fixed-term contracts in the public sector – Clause 2 and Clause 3(1) – Scope – Concept of ‘fixed-term worker’)
Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Scope – Worker employed on the basis of successive fixed-term employment contracts in the public sector – Reclassification of the employment relationship, as a penalty, as a non-permanent contract of indefinite duration – Included
(Council Directive 1999/70, Annex, Clauses 2 and 3 (1))
(see paras 22-26)
Operative part
Clause 2 and Clause 3(1) 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 meaning that a worker bound to his or her public sector employer by successive fixed-term contracts and whose employment relationship may be reclassified, as a penalty, as a ‘non-permanent contract of indefinite duration’, falls within the scope of that framework agreement.