Kücük v Land Nordrhein-Westfalen – WLR Daily

Posted January 30th, 2012 in contract of employment, EC law, fixed-term contracts, law reports by sally

Kücük v Land Nordrhein-Westfalen Case C-586/10; [2012] WLR (D) 11

“Clause 5(1)(a) of the framework agreement on fixed-term work, in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, meant that a temporary need for replacement staff, provided for by national legislation could, in principle, constitute an objective reason under that clause for the renewal of successive fixed-term contracts. The mere fact that an employer had to employ temporary replacements on a recurring, or even permanent, basis and that those replacements might also be covered by the hiring of employees under employment contracts of indefinite duration did not mean that there was no objective reason under clause 5(1)(a) or that there was abuse within the meaning of that clause.”

WLR Daily, 26th January 2012

Source: www.iclr.co.uk