Working Conditions - Fixed-Term Work

Fixed-Term Work

When workers are on fixed-term contracts, action is needed to ensure that they do not suffer unjustified discrimination. In addition, abuse of successive fixed-term contracts between the same employer and employee for the same work has to be prevented.

These are the two purposes of the EU Directive regulating this issue (1999/70/EC). The Directive is based on a Framework Agreement on fixed-term work between Europe’s trade unions and employers. Framework agreements are an important part of the EU social dialogue.

The agreement forbids employers to treat fixed-term workers less favourably than permanent workers, unless different treatment can be justified on objective grounds. In order to prevent abuse of successive fixed-term contracts, EU Member States, after consultation with the social partners, must specify one or more of the following criteria:

the objective reasons that would justify the renewal of fixed-term contracts or relationships
the maximum total duration of successive fixed-term employment contracts and relationships
the permitted number of renewals.

Member States are to lay down penalties for infringements. But special clauses limit the potential administrative burdens on small and medium-scale enterprises. Member States may also decide that the agreement does not apply to initial vocational training and apprenticeships and/or to workers on specific public or publicly-supported training, integration and vocational retraining programmes.

The agreement applies to fixed-term workers, including seasonal workers, who have an employment contract or relationship as defined in law, collective agreement or practice in each Member State.

The text of the Fixed-Term Work Directive, the social partner consultation documents and an implementation report are available.