Brussels, 05/02/2015 (Agence Europe) - On Thursday 5 February, the European Court of Justice (CJEU) stated in a ruling (C-117/14) that it did not have the scope to reach a legal decision on possible excessive probationary periods included in fixed-term work contracts.
Spanish legislation stipulates that for certain fixed- term work contracts, probationary periods can last for up to a year. A Spanish court approached the European Court of Justice to decide on whether Community law, more precisely, the framework agreement between social partners in the directive on fixed-term work (1999/70/EC) and the EU Charter of Fundamental Rights, authorises such a provision in a work contract.
European judges said that they do not have competence to judge on this matter. They said that the framework agreement does not govern fixed-term work contracts and they are therefore excluded. They also say that the Charter is not appropriate either because it does not include any particular obligation with regard to the probationary periods in work contracts. The question of probationary periods is therefore simply not covered by EU law. (JK)