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Northern Ireland
Huet v Université de Bretagne Occidentale [2012] CJEU
Published on: 16/03/2012
Issues Covered:
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Background This case concerned a reference from France for a preliminary ruling in regards to the interpretation of the framework agreement on fixed-term work, concluded on 18 March 1999 („the Framework Agreement‟), which is set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP.The reference was made in proceedings between Mr Huet and his employer, the université de Bretagne occidentale (University of Western Brittany) („the UBO‟) concerning the terms and conditions of the employment contract which he concluded with that university following the conversion of his previous fixed-term employment contract into a contract of indefinite duration.France referred the following question:'In circumstances where the State decides to renew the appointment of a staff member previously appointed for a period of six years under a fixed-term contract, does the obligation to use a contract of indefinite duration pursuant to Article 13 of the Law of 26 July 2005 necessarily mean, in light of the objectives of [Directive 1999/70], that the new contract must reproduce in identical terms the principal clauses of the previous contract, in particular those clauses concerning the job title and remuneration?'Clause 5 of the Framework Agreement, entitled „Measures to prevent abuse‟, states:„1. To prevent abuse arising from the use of successive fixed-term employment contracts or relationships, Member States, after consultation with social partners in accordance with national law, collective agreements or practice, and/or the social partners, shall, where there are no equivalent legal measures to prevent abuse, introduce in a manner which takes account of the needs of specific sectors and/or categories of workers, one or more of the following measures:(a) objective reasons justifying the renewal of such contracts or relationships;(b) the maximum total duration of successive fixed-term employment contracts or relationships;(c) the number of renewals of such contracts or relationships.2. Member States after consultation with the social partners and/or the social partners shall, where appropriate, determine under what conditions fixed‑term employment contracts or relationships:(a) shall be regarded as “successive”;(b) shall be deemed to be contracts or relationships of indefinite duration.‟ 18The Court answered:"... Clause 5 of the Framework Agreement must be interpreted as meaning that a Member State, which provides in its national legislation for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts have reached a certain duration, is not obliged to require that the employment contract of indefinite duration reproduces in identical terms the principal clauses set out in the previous contract. However, in order not to undermine the practical effect of, or the objectives pursued by, Directive 1999/70, that Member State must ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration is not accompanied by material amendments to the clauses of the previous contract in a way that is, overall, unfavourable to the person concerned when the subject -matter of that person‟s tasks and the nature of his functions remain unchanged."The permanent contract can therefore be similar but not inherently different and it is for the domestic courts to determine in any particular case, including this one, whether the new terms are unfavourable.http://bit.ly/ysEAlS

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 16/03/2012
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