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EU court decision paves way for employee regularisation

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EU court decision paves way for employee regularisation

Dimosio Id 1108147

    The recent decision of the European Union (EU) Court paves the way for the regularization of 6,000 indefinite-term employees.

    According to the “Equality” (Isotita) union, the Court ruled that indefinite-term non-permanent workers fall within the scope of the “fixed-term worker” concept and the scope of Directive 1999/70/EC on fixed-term contracts.

    Furthermore, according to the decision, the indefinite extension of employment due to non-advertising of positions falls within the concept of “use of successive fixed-term contracts or relationships,” in violation of the Directive. As argued by “Equality,” the EU Court ruled that the Directive opposes national regulations that do not include effective measures to prevent abusive recourse to successive indefinite-term contracts for non-permanent employment.

    Specifically, it notes that mere compensation in case of dismissal is not a sufficient measure for this purpose.

    Similarly, holding competitions for regularization, as other candidates participate in these competitions, results in uncertainty for the victims of abuse.

    “According to ‘Equality,’ in the absence of other effective measures, converting abusive fixed-term contracts into indefinite contracts—or the regularization of indefinite non-permanent employees—constitutes an appropriate and necessary measure of sanctioning and preventing employer abuse, regardless of conflicting provisions, including constitutional provisions, of national law,” emphasizes “Equality.”

    Meanwhile, “Equality” has sent a letter to the Minister of Finance urging the Government to take immediate action to regularize indefinite non-permanent employees in the public and broader public sector, in light of the recent decision of the European Union Court on February 22, 2024.

    Meanwhile, the Ministry of Finance has the drafts of the bills prepared by the legal advisors of the Public Administration Trade Union (PASYDY) for the regularization of indefinite-term employees. The leadership of PASYDY commissioned a group of legal experts to draft legislative regulations for the regularization of this group of workers.

    Last month, the leadership of public servants forwarded the drafts of the bills that overcome obstacles regarding the possibility of claiming promotion positions by indefinite-term employees, resulting in the initiation of legal procedures to resolve the issue without disturbing the existing balances between permanent and indefinite-term employees.

    In the letter accompanying the drafts, it is emphasized that in the entire effort of PASYDY, the preservation of existing balances regarding the immutable rights of permanent employees is set as a prerequisite.

    PASYDY articulates the position that the invocation of the necessity law is justified, aiming at equal treatment of Public Service employees and the smooth operation, as the performance of the same work in the same position by employees with different employment statuses should ensure the same terms of advancement.

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