EN Official Journal of the European Union CE 84/165

(2004/C 84 E/0203)

WRITTEN QUESTION E-0128/04

by Alexandros Alavanos (GUE/NGL) to the Commission

(26 January 2004)

Subject: Application of age limits to recruitment of workers already having fixed-term contracts over a number of years in the public sector in Greece

Directive 2000/78/EC (1) prohibits discrimination in employment on grounds of age but allows different treatment if it serves to promote employment or for other objective reasons relating to the nature of the work. In the public sector in Greece, there are employees on contract who have been working for the same employer in the same job for decades. These workers, who are comparatively old, cannot compete for permanent posts or jobs for an indefinite period which are advertised by the employer for whom they have worked for numerous years because they are over the age limit stipulated in the conditions of employment.

A typical example is the case of a number of specialist doctors who had been working on contract for more than 10 years with the Greek Public Power Corporation (DEI) and were excluded from the procedure to recruit permanent staff specialising in the same disciplines because, at the time the posts were advertised, they were over the stipulated age limit.

Is this practice of denying workers who have already had fixed-term contracts over a number of years the opportunity of permanent employment with the same employer, on the pretext of there being an age limit, consistent with Directive 2000/78/EC and Directive 1999/70/EC (2)?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(24 February 2004)

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation puts in place a framework for equal treatment in employment and occupation, 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. The Member States had to transpose the Directive by 2 December 2003, and once it is transposed people must take their case before the national courts under national law.

Article 6 of the Directive allows for the justification of differences of treatment on the grounds of age in certain circumstances, as long as this is objectively justified by a legitimate aim, and the means of achieving that aim are proportionate and necessary. This could include the setting of special conditions on access to employment and vocational training for young people and older workers, the fixing of minimum conditions for age, professional experience or seniority for access to employment or to certain advantages linked to employment and the fixing of a maximum age for recruitment based on the training.

The Honourable Member does not mention the upper age limit used by the Greek Power Corporation for recruitment purposes. It is not clear from the information provided whether the differences of treatment based on age described by the Honourable Member could be justified under Article 6 of Directive 2000/78/EC.

Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by the European Trade Union Confederation (ETUC), the Union of Industrial and Employers' Confederations of Europe (UNICE) and the Centre of Enterprises with Public Participation (CEEP) stipulates that employers must inform fixed-term workers about vacancies to ensure that they have the same opportunity to secure permanent positions as other workers. The introduction of an age limit for employment in the vacant posts is not, however, contrary to Directive 1999/70/EC. Another issue is that this Directive would not allow for successive fixed-term contracts which continue for years. The Commission has contacted the Greek authorities in order to solve the problems arising from the use of successive fixed-term contracts.

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

(2) OJ L 175, 10.7.1999, p. 43.