Case C‑221/13

Teresa Mascellani

v

Ministero della Giustizia

(Request for a preliminary ruling from the Tribunale ordinario di Trento)

‛Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Conversion of part-time employment relationship to full-time employment relationship without the worker’s consent’

Summary — Judgment of the Court (Third Chamber), 15 October 2014

Social policy — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Directive 97/81 — National legislation enabling the conversion of a part-time employment relationship into a full-time employment relationship without the consent of the worker concerned — Lawfulness

(Council Directive 97/81, Annex, Clause 5(2))

The Framework Agreement on part-time work which is annexed to Council Directive 1997/81 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, in particular Clause 5.2 thereof, must be interpreted as not precluding national legislation pursuant to which the employer may order the conversion of a part-time employment relationship into a full-time employment relationship without the consent of the worker concerned.

That clause does not require the Member States to adopt rules making the conversion of a worker’s part-time employment relationship to a full-time employment relationship subject to his consent. That provision seeks merely to exclude the refusal of a worker, as regards such a conversion of his employment relationship, from being the only reason for the termination of his employment in the absence of other objective reasons. It follows that Clause 5.2 of the Framework Agreement does not preclude legislation which allows an employer to order, for such reasons, the conversion of a part-time employment relationship into a full-time employment relationship without the consent of the worker concerned.

(see paras 23, 24, 28, operative part)

Case C‑221/13

Teresa Mascellani

v

Ministero della Giustizia

(Request for a preliminary ruling from the Tribunale ordinario di Trento)

‛Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Conversion of part-time employment relationship to full-time employment relationship without the worker’s consent’

Summary — Judgment of the Court (Third Chamber), 15 October 2014

Social policy — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Directive 97/81 — National legislation enabling the conversion of a part-time employment relationship into a full-time employment relationship without the consent of the worker concerned — Lawfulness

(Council Directive 97/81, Annex, Clause 5(2))

The Framework Agreement on part-time work which is annexed to Council Directive 1997/81 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, in particular Clause 5.2 thereof, must be interpreted as not precluding national legislation pursuant to which the employer may order the conversion of a part-time employment relationship into a full-time employment relationship without the consent of the worker concerned.

That clause does not require the Member States to adopt rules making the conversion of a worker’s part-time employment relationship to a full-time employment relationship subject to his consent. That provision seeks merely to exclude the refusal of a worker, as regards such a conversion of his employment relationship, from being the only reason for the termination of his employment in the absence of other objective reasons. It follows that Clause 5.2 of the Framework Agreement does not preclude legislation which allows an employer to order, for such reasons, the conversion of a part-time employment relationship into a full-time employment relationship without the consent of the worker concerned.

(see paras 23, 24, 28, operative part)