The imperative need for the Republic of Cyprus to comply with EU law, regarding permanent employees in the public sector, in the light of the recent decision of the Court of Justice of the European Union (CJEU), Pangypria emphasizes in a letter to the Parliamentary Finance and Budget Committee Trade Union Equality.
It is recalled that last February with its decision the Court of Justice of the EU opened the way for the permanence of permanent employees.
< p data-block-key="1uo35">With its letter, the Trade Union seeks to focus on critical key points of the decision in question such as the scope of Directive 1999/70/EC, for which the Court ruled that “non-permanent workers of indefinite duration” fall under the concept of “employee certain time” and therefore within the scope of this directive and the framework agreement.
Furthermore, according to Equality “the CJEU clarified that the eff' indefinite extension of the employment relationship due to non-announcement of positions by the administration falls under the concept of “use of successive contracts or fixed-term employment relationships” according to the Directive and therefore these cases fall within the protective scope of clause 5 of the framework agreement, regardless of whether formally there is a uniform contract, while noting that the CJEU ruled that the Directive opposes a national regulation that does not contain any effective and equivalent measure to prevent the abusive recourse to successive open-ended contracts of non-permanent employment.
Furthermore, in its letter, the Syntechnia mentions, among other things, that it is of particular importance that, according to the CJEU, the simple payment of compensation in case of dismissal of non-permanent permanent employees is not sufficient and an effective measure to prevent and sanction abusive recourse to the relevant contracts, since its payment is independent of any assessment of the legality or otherwise of the use of said contracts.
Invites, in the light of both the binding judgments of the CJEU and the pre-election commitments of the President of the Republic, the Finance Committee to take all the necessary actions, in order to immediately discuss the issue and promote legislative and other initiatives for compliance of the Republic of Cyprus with the obligations deriving from both EU law and the political system's commitments to workers.
Source: KYPE
