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Parliamentary questions
28 June 2007
H-0532/07
ORAL QUESTION for Question Time at the part-session in September I 2007 pursuant to Rule 109 of the Rules of Procedure by Dimitrios Papadimoulis to the Commission

 Subject: Absolute prohibition of conversion of fixed-term contracts into contracts of indefinite duration in Greek public sector
 Answer 

It is six years since Directive 1999/70/EC(1) entered into force in 2001 and Greece has not yet complied therewith. Despite final judgments in favour of workers on fixed-term contracts, the Greek Supreme Court has ruled, with reference to the Greek Constitution and setting aside previous case-law, that it is absolutely prohibited to convert fixed-term employment contracts into contracts of indefinite duration in the Greek public sector. This ruling is totally contrary to the spirit and the letter of Directive 1999/70/EC and to the judgment of the Court of Justice (Case C-212/04), which stresses that Directive 1999/70/EC 'precludes the application of national legislation which, in the public sector alone, prohibits absolutely the conversion into an employment contract of indefinite duration of a succession of fixed-term contracts that, in fact, have been intended to cover ‘fixed and permanent needs’ of the employer and must therefore be regarded as constituting an abuse.'

What are the Commission's views on the evident refusal of Greece to implement Directive 1999/70/EC? Will it initiate proceedings against Greece before the Court of Justice?

(1)OJ L 175, 10.7.1999, p. 43.

Original language of question: EL
Ultima actualizare: 31 august 2007Notă juridică