CELEX: 62014CA0596
Language: en
Date: 2016-09-14 00:00:00
Title: Case C-596/14: Judgment of the Court (Tenth Chamber) of 14 September 2016 (request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid — Spain) — Ana de Diego Porras v Ministerio de Defensa (Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Compensation for termination of a contract of employment — Compensation not provided for by the national legislation for temporary employment contracts — Difference of treatment as compared with permanent workers)

14.11.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 419/9
            
         Judgment of the Court (Tenth Chamber) of 14 September 2016 (request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid — Spain) — Ana de Diego Porras v Ministerio de Defensa
   (Case C-596/14) (1)
   
   ((Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Concept of ‘employment conditions’ - Compensation for termination of a contract of employment - Compensation not provided for by the national legislation for temporary employment contracts - Difference of treatment as compared with permanent workers))
   (2016/C 419/11)
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Superior de Justicia de Madrid
   
      Parties to the main proceedings
   
   
      Applicant: Ana de Diego Porras
   
      Defendant: Ministerio de Defensa
   
      Operative part of the judgment
   
   
               1.
            
            
               Clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as meaning that the concept of ‘employment conditions’ covers the compensation that the employer must pay to an employee on account of the termination of his fixed-term employment contract.
            
         
               2.
            
            
               Clause 4 of the framework agreement on fixed-term work annexed to Directive 1999/70 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which fails to provide any compensation for termination of a contract of employment to a worker employed under a temporary replacement contract while allowing such compensation to be granted, inter alia, to comparable workers employed under a contract of indefinite duration. The mere fact that the worker has carried out his work on the basis of a temporary replacement contract cannot constitute an objective ground justifying the failure to grant such compensation to that worker.
            
         
      (1)  OJ C 96, 23.3.2015.