Implementation in Greece of clause 4 of Directive 1999/70/EC

28.4.2004

WRITTEN QUESTION E-1420/04
by Nikolaos Chountis (GUE/NGL)
to the Commission

In its letter of 18 February 2004 to the Greek Ministry for Labour, the Commission's Directorate-General for Employment and Social Affairs pointed out that the Member States should have implemented Directive 1999/70/EC[1] by 10 July 2002 at the latest. The directive was transposed into Greek law by decree, which entered into force on 2 April 2003. With reference to the direct impact of the directive in regard to the state as employer, the Directorate-General asked how Greece had applied the principle of non-discrimination.

 

The principle of non-discrimination in clause 4 of the Directive provides that 'In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than comparable permanent workers ' and that 'where appropriate, the principle of pro rata temporis shall apply.'

 

In the light of the above and the fact that Presidential Decree 81/2003 did not provide for any positive measure to implement the principle of non-discrimination and that this dimension is totally absent from discussions held so far as to how to implement the Directive correctly in Greece, what measures will the Commission take, as a matter of urgency, to ensure that the principle of non-discrimination is incorporated into the new legislative proposal on the correct application of the directive, which is being drafted by the Greek Government?

• [1]  OJ L 175, 10.7.1999, p. 43