WRITTEN QUESTION E-1505/02

by Stavros Xarchakos (PPE-DE) to the Commission

(29 May 2002)

Subject: Selective application of Directive 1999/70/EC

According to accusations repeatedly made by the IKA Association of Scientific Health Care Staff in Greece, the Greek Government is refusing to apply the provisions of Directive 1999/70/EC(1) (which Greece ought to have adopted and implemented by 2000). This directive obliges the EU Member States to convert successive fixed-term contracts covering many years into contracts of an indefinite duration by July 2002. As a result of this decision, approximately 5 500 doctors who have for years been working for the Social Security Institution (IKA) many of whom have been working there for 20 years will remain in an insecure situation, in spite of the fact that they work to meet fixed and constant needs in a particularly sensitive and key sector, which suffers from immense deficiencies and problems.

It should be noted that there are already opinions issued by distinguished jurists as well as decisions by the Greek courts (275/1993 by Areios Pagos (Supreme Court) and 5239/2001 and 5240/2001 by the Athens Appeal Court) vindicating IKA's scientific and health care staff and recognising that these doctors have work contracts of an indefinite duration, exactly as stipulated by Directive 1999/70/EC.

Is the Commission aware that the Greek government intends to apply this directive in a selective manner? What action does it intend to take to ensure that the Greek government complies with the directive's provisions, to protect the 5 500 IKA doctors and to ensure, as far as possible, that this large security organisation, which is responsible for providing medical care to millions of Greeks, functions more harmoniously?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 June 2002)

Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC(1), UNICE(2) and CEEP(3) is applicable to fixed-term workers who have an employment contract or relationship as defined in law, collective agreements or practice in each Member State. The Directive does not exclude the public sector from its scope.

One of the purposes of the Directive is to prevent abuse arising from the use of successive fixed-term contracts. It is, however, up to the Member States themselves to decide, after consultation of the social partners, under what conditions fixed-term contracts shall be regarded as successive or deemed to be of indefinite duration.

As for the deadline for implementation, Greece has made use of the additional year granted by the Directive, and shall, therefore, implement the Directive before 10 July 2002. The Greek Government has not yet communicated to the Commission how it intends to legislate.

The Commission intends to evaluate the implementation in all Member States by the end of 2002 and will take the necessary measures if it considers that the implementation is not correctly done.

(1) European Trade Union Confederation.

(2) Union of Industrial and Employers' Confederations of Europe.

(3) European Centre of Enterprises with Public Participation.