argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: contract of employment - extension - normal retirement age - limited duration

On 28 February 2018, the Court of Justice of the European Union, in the case C-46/17 declared that the prohibition on discrimination on grounds of age does not preclude a national provision, such as that at issue in the main proceedings, in so far as that provision makes the postponement of the date of termination of the employment of workers who have reached the legal qualifying age for a retirement pension subject to the employer’s consent which is given for a fixed term. As regards the Framework Agreement on fixed-term work concluded on 18 March 1999, in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded, the Court, first, expressed doubts as to whether the extension at issue may be regarded as the use of successive fixed-term contracts. It is possible that such an extension may be regarded as merely the contractual postponement of the retirement age initially agreed. For this reason, the employee cannot claim that it is an abuse of fixed term contracts.