EU Court docket ruling paves the best way for 1000’s to be made everlasting, says EQUALITY – Calls on Authorities to take fast motion
A choice of the Court docket of the European Union paves the best way for the permanence of 1000’s of everlasting staff within the public sector, states the Pancyprian Syntechnia ISOTITA in an announcement, which notes that on the matter it has despatched a related letter to the Minister of Finance, the Director Basic of the Ministry of Finance and the Director of the Division of Public Administration and Personnel.
Within the letter, the commerce union calls on the Authorities to take fast motion for the permanentization of non-permanent everlasting staff within the public and wider public sector, in gentle of the latest choice of the Court docket of Justice of the European Union (CJEU) of twenty-two February 2024.
In keeping with an announcement by EQUALITY, the CJEU in its choice on the co-judged instances C-59/22, C-110/22 and C-159/22, considers that non-permanent everlasting staff fall below the idea of “fixed-term worker” and throughout the scope of Directive 1999/70/EC on fixed-term contracts. Moreover, the indefinite extension of the employment relationship on account of non-advertisement of positions, falls below the idea of “use of successive contracts or fixed-term employment relationships”, in violation of the Directive.
Due to this fact, the union continues, the CJEU dominated that the Directive opposes a nationwide regulation, which doesn’t comprise efficient measures to stop the abusive recourse to successive open-ended contracts of non-permanent employment. Specifically, it states that straightforward compensation in case of dismissal shouldn’t be a adequate measure for this objective. So is holding competitions for permanency, as these competitions contain different candidates, making the ultimate end result unsure for victims of abuse.
Due to this fact, in accordance with the CJEU, within the absence of different efficient measures, “the conversion of abusive fixed-term contracts into open-ended contracts – i.e. the everlasting employment of non-permanent staff – constitutes an applicable and needed measure to sanction and forestall the abusive habits of the employer, no matter opposite provisions , even constitutional safety, of nationwide legislation”, states the commerce union, citing the choice of the CJEU.
“EQUALITY”, recalling the related pre-election commitments and guarantees of the President of the Republic to take actions to equalize the employment situations of fixed-term and indefinite-term staff with these of everlasting staff, in addition to to hunt a definitive answer to the standing of indefinite-term staff 12 months, calls on the Authorities “to right away adjust to the obligations of the Republic of Cyprus deriving from EU legislation and to proceed with the mandatory everlasting employment of all affected staff”.
