The exclusion of summer jobs from the benefit of the professional insecurity bonus: does it conform to E.U law ?
The exclusion of summer jobs from the benefit of the professional insecurity bonus: does it conform to E.U law ?
In the affair which led to this prejudicial question, a student was hired during the university holidays on a 4 day fixed term contract.
At the end of the contract, in conformity with article L 1243-10, 2nd paragraph of the Labour Code, the sudent received no indemnity for professional insecurity from his employer.
Considering that this legal disposition did not conform with the principle of equality and non-discrimination related to age, the student asked for the case to be heard by the employment tribunal.
At the time of this first hearing, the student first of all raised an important question concerning constitutionality which was transmitted to the constitutional Council.
The decision was that the contested disposition conformed to the Constitution, considering that the difference of treatment with regard to others employed under the terms of a fixed term contract was perfectly justified and did not challenge the principle of equality.
Not satisfied with this analysis, the judges of the employment tribunal wished to put the prejudicial question to the ECJ.
In the decision of 1st October 2015, the ECJ deemed that the principle of non-discrimination, related to age, laid out in article 21 of the Charter of European fundamental rights, and confirmed by Directive 2000/78/CE of the Council held on 27th November 2000 to create a general scheme to promote equality in employment and work, should not be interpreted as opposing a national law, by which an end-of-contract indemnity paid as supplementary income when the contract is not made permanent is not due when the contract is signed with a young person for a period during their school or university holidays.
The ECJ reminded us that the indemnity paid at the end of the fixed term contract is designed to compensate the insecurity of the situation of the employee when the contractual relationship is not continued with a permanent contract.
Therefore, a student who continues their studies after school or university holidays cannot be considered to be in a situation of professional insecurity, their work being temporary or accessory by nature.