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Parliamentary questions
18 January 2006
WRITTEN QUESTION by Simon Busuttil (PPE‑DE) to the Commission

 Subject:  Implementation of EU law on fixed-term contracts in Malta

EU law on fixed-term contracts (Council Directive 1999/70/EC(1)) obliges Member States to take measures to prevent abuse by employers by establishing under which conditions and after which period of time a fixed-term contract should start to be considered as an indefinite term contract.

In the case of Malta, the national legislation established that a fixed-term contract becomes indefinite after it is successively renewed for a period of four years or more. However, the Maltese legislation excludes ‘employment in the public sector’ from the application of the law.

This means that, in Malta, whereas a worker in the private sector who is employed on a fixed-term contract for four years or more is entitled to a permanent employment, the same does not apply to workers in the public sector.

Can the Commission confirm that the relevant EU directive makes no distinction between public and private sector workers and is intended to apply to both categories of workers in the same manner?

If this is indeed the case, can the Commission explain why the Maltese legislation discriminates against public sector workers in that they cannot enjoy the same rights as workers in the private sector vis-à-vis fixed-term contracts?

Can the Commission also confirm that the relevant EU directive should also apply to fixed-term contracts that were already in force prior to January 2003?

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

 OJ C 328, 30/12/2006
Last updated: 27 January 2006Legal notice