WRITTEN QUESTION E-2682/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Supply teachers and Directive 1999/70/EC.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU law - national law, Greece, framework agreement, national implementing measure, teacher, teaching, temporary employment, work contract

C 58 E/194

Official Journal of the European Union

EN

6.3.2004

(2004/C 58 E/208)

WRITTEN QUESTION E-2682/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(10 September 2003)

Subject: Supply teachers and Directive 1999/70/EC

Every year, in Greek primary and secondary schools, there are vacant posts for teachers. Every year, these
perennially vacant posts are filled by supply teachers or teachers paid by the hour, so that the shortage of
teachers does not create problems in schools. The result of this situation is that the same teachers very
often work at the same school on fixed-term contracts of one school year, are released and then re-
recruited at the beginning of the next year. This creates a gap of two months between two successive
contracts, the same period as the holidays of ‘comparable workers’ within the meaning of Directive 1999/
70/EC (1), i.e. regular teachers. This period is longer than that for which provision is made in Presidential
Decree 81/2003, which transposes Directive 1999/70/EC into Greek law, and as a result these supply
teachers are excluded from the directive’s application.

In view of the Commission’s reply to my question E-0360/02 (2), stating that the provisions of the above-
mentioned directive may be applied to supply teachers on fixed-term contracts and in view of Article 3 of
the directive, can the Commission say how the directive will be applied to supply teachers?

(1) OJ L 175, 10.7.1999, p. 43.
(2) OJ C 160 E, 4.7.2002, p. 213.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(9 October 2003)

According to 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), it is the Member States themselves who, after consultation with the social partners, determine
under what conditions fixed-term contracts shall be regarded as ‘successive’ (clause 5.2).

However, it must be borne in mind that one of the purposes of the Directive is to prevent abuse arising
from the use of successive fixed-term contracts. If a Member State determines a definition of successive
the Directive, such a
fixed-term contracts which in practice undermines the protective purpose of
definition would not be compatible with Community law.

(2004/C 58 E/209)

WRITTEN QUESTION E-2683/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(10 September 2003)

Subject: Creation of new jobs in Greece

The Council’s recommendation (1) on the implementation of Member States’ employment policies for
Greece includes the statement that ‘Greece’s overall employment rate is considerably below the targets set
by the European Council, in particular for women … Unemployment fell for a third consecutive year in
2002 but is still above the EU average, with the unemployment rate for women attaining more than
double the rates of men.’

How many jobs have been created in Greece since 1998, broken down by gender and category of

1.
employment?