On Thursday 3 October, the European Commission referred Italy to the Court of Justice of the European Union for failing to end the “abusive use of fixed-term contracts and discriminatory employment conditions” associated with them under Directive 1999/70/EC, according to a press release.
This directive incorporates a framework agreement between European social partners which establishes the principle of non-discrimination in relation to permanent workers.
In particular, the Commission finds “that Italian legislation determining the salary of fixed-term teachers in public schools does not provide for incremental salary progression based on previous periods of service. This constitutes discrimination compared to teachers employed on a permanent basis, who are entitled to such salary progression”.
And contrary to EU law, Italy “has not taken effective measures to prevent the abusive use of successive fixed-term employment contracts of administrative, technical, and auxiliary staff in State schools”. The Commission launched the infringement procedure in July 2019.
Link to procedure: https://aeur.eu/f/doq (Original version in French by Solenn Paulic)