The Court of Justice of the European Union (CJEU) opens the door to the claim for compensation for temporary workers whose temporary end temporary contract not assume any compensation.

Last 5 2016 October judgment was handed down by the Superior Court of Justice (TSJ) in Madrid, confirming that:

Judgment of 14 2016 September the Court of Justice of the European Union, prohibits discrimination against temporary workers compared to permanent, equating compensation between employees.

Specifically the case of an interim working in the Ministry of Defense, after completing his interim contract had not received any compensation judged. The Supreme Court of Madrid ruled the right of the worker to receive compensation of 20 days salary per year worked, equating to which would correspond to an indefinite worker dismissed for objective reasons.

We must remember that the Spanish legislation does not provide any compensation for temporary workers when they complete their contract. The Superior Court of Madrid understood that there could be a basis for discrimination and be contrary to Directive 1999 / 70 / EC, which prohibits discrimination between temporary workers and permanent. Therefore he raised a number questions that were resolved in the judgment of the ECJ of 14 2016 September. In this regard, the ECJ ruled that the severance allowance of temporary contracts, falls within the working conditions do not have to be discriminated against, that is, within those covered by the 4.1 clause of the framework agreement on temporary work, 18 of March annex to the Directive 1999 / 70 / EC.

Thus, it is opposed to the Spanish legislation, which does not provide any compensation for temporary workers and for comparable permanent self. It concludes that should not receive different treatment in compensation for the fact that a worker has a temporary contract.

first practical consequences and personal assessments:

To the end temporary contract interim in the last year, you can claim!

The case analyzed corresponds to the termination of an interim contract, recognizing the right to receive the same compensation that a comparable fixed worker would have received if they had terminated their employment contract for objective reasons, that is, 20 days of salary per year worked. .

The request would be exercisable by demand claim amount of compensation for termination of contract, taking a prescription of one year from the date of completion.

No entered value other temporary contracts, such as construction and certain service or eventually by production circumstances.

and therefore respect these workers there is doubt whether the compensation 12 days salary currently anticipated to 20 days salary per year worked, it being also equate to permanent workers will be extended.

The 1999 / 70 / CE Directive does not apply to workers of Temporary Employment Companies, therefore, under our criteria and as of today, there is no feasibility in the claim of these workers.s.

The same goes for workers who have a training contract.

• Probable adaptation of the current to the ECJ ruling of September 14 2016 of legislation.

or after said Judgment is more than feasible legislative change regarding the allowances provided for interim contracts.

Finally, this resolution sharpens the trend towards a single contract work.

or we could say that the main distinguishing feature between permanent and temporary contracts is compensation: if it tends to be equipped consequently employment contracts will too.

About the Author:


Miquel Fornieles

DiG Lawyers