WRITTEN QUESTION E-3119/03 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Breach of Directive 1999/70/EC.
Date: 2003-10-22
Institutions: European Parliament, Provisional data
Subjects: EC Directive, Greece, infringement of EU law, job access, job vacancy, telecommunications, temporary employment

20.3.2004

EN

Official Journal of the European Union

C 70 E/223

(2004/C 70 E/240)

WRITTEN QUESTION E-3119/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(22 October 2003)

Subject: Breach of Directive 1999/70/EC

According to complaints brought by the association of contract workers at the Telecommunications
Organisation of Greece (OTE), the organisation’s management has announced 800 job vacancies in the
telephone service sector, setting an age limit of 30 and subsequently 26 years, thereby excluding the
contract workers currently employed in this sector who have been covering the OTE’s on-going needs for
many years, and who could have been made permanent staff.

Can the Commission say whether this practice contravenes Directive 1999/70/EC (1) and if so, what steps it
will take to ensure that Community law is complied with?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 November 2003)

According to Council Directive 1999/70/EC (1) on fixed-term work, employers shall inform fixed-term
workers about vacancies, which become available to ensure that they have the same opportunity to secure
permanent positions as other workers. Such information can be provided by way of a general
announcement at a suitable place in the undertaking or establishment (clause 6.1). The Directive also lays
down a principle of non-discrimination as regards employment conditions and states that period-of-service
qualifications relating to particular conditions of employment shall be the same for fixed-term workers as
for permanent workers except where different length-of service qualifications are justified on objective
grounds (clause 4.1 and 4). The Directive does not state, however, that fixed-term workers should have
priority to job vacancies.

The fact that fixed-term workers did not have priority to these posts is therefore not a breach of the
Directive. The rules on information about vacancies and period-of-service qualifications have been
transposed in Greece. Whether the job announcement as such was made according to these rules is
therefore something the competent Greek authorities should assess.

(1) Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work
Industrial and Employers’

concluded by the European Trade Union Confederation (ETUC),
Confederations of Europe (UNICE) and the Centre of Enterprises with Public Participation (CEEP).

the Union of

(2004/C 70 E/241)

WRITTEN QUESTION E-3136/03

by Lissy Gröner (PSE) to the Commission

(23 October 2003)

Subject: Unused EU funding in Bavaria totalling EUR 17 million for 2002

At the beginning of October, I received an answer from the Commission to my question on the return by
Bavaria of European Social Funds monies for 2002 (E-1953/03) (1). There is a mistake in the answer,
however. It refers to 2000 instead of 2002.