Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-09-14-Speech-2-171"
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"en.20040914.10.2-171"2
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".
I should like to thank Mr Papadimoulis because his question allows me to clarify certain matters relating to employment contract holders in Greece, which is one issue which has arisen and, of course, to clarify matters relating to the directive on fixed-term employment.
This directive requires the Member States to take measures to:
one: improve the quality of fixed-term employment by ensuring the principle of non-discrimination is applied and
two: prevent the abuse caused by the use of successive fixed-term contracts.
The way in which the Member States achieve this depends a great deal on the Member States themselves. For example, they may define objective grounds which justify the renewal of such contracts, the maximum overall term of successive contracts and the maximum number of times such contracts may be renewed. There may be different solutions for different industries or for different categories of workers, provided the rules adopted suffice to prevent abuse.
It should be noted that this directive does not require Member States to take measures to convert fixed-term contracts to permanent contracts. Numerous countries have such rules within the framework of a package of measures to prevent abuse; however, the directive
does not introduce the right for workers on fixed-term contracts to become permanent employees.
As far as the new Greek presidential decree is concerned, article 10 on transitional arrangements makes provision for certain successive contracts to be converted to open-ended contracts of employment. However, as the Community directive does not order such conversion, the method and criteria used to achieve the number and categories of employment contract holders which it covers cannot be the subject of control by the European Commission.
The first legislative act transposing the directive in Greece to which Mr Papadimoulis refers was indeed unsatisfactory as regards measures to prevent abuse from successive fixed-term contracts. The European Commission services and the Greek authorities liaised at the time so that solutions could be found more quickly and legal recourse avoided. Greece, as I mentioned earlier, has since passed a new presidential decree which changes the position in the previous presidential decree as far as the public sector is concerned. Apart from the conversion of certain fixed-term contracts to permanent jobs, the rule of thumb in the new presidential decree is that fixed-term contracts which exceed the maximum term of 24 months, as laid down in the presidential decree, are invalid
and may constitute grounds for payment of compensation to workers and the imposition of sanctions, including criminal sanctions, on employers.
According to the Commission's preliminary examination, the rules for successive fixed-term contracts in the new decree do not contradict the directive on fixed-term employment. Nonetheless, given that the decree in question only covers the public sector, the situation also needs to be addressed in the private sector. As soon as Greece notifies the Commission of any additional relevant legislation transposing the directive, we shall ascertain if it complies with Community law and if it adopts the measures needed in each case."@en1
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"ipso jure"1
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