Ugovor o radu na određeno vrijeme i pravo na otpremninu – europska, hrvatska i regionalna perspektiva (povodom presude Suda EU u predmetu C-596/14)
Definite period employment contract and right to severance pay - European, Croat and regional perspectives (on the EC Court Judgment in Case C-596/14)

Author(s): Nataša Novaković
Subject(s): Law, Constitution, Jurisprudence, Geography, Regional studies, Public Law, Law on Economics, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; labour; contract for a definite period; employment; EU legislation; European Court of Justice; ECJ; Republic of Croatia; region;
Summary/Abstract: In this paper, the author analyses the effect of the employment contract for a definite period of time on the right to severance pay. These contracts are considered to be a good instrument for cutting the employers' expenses, which optimizes their competitiveness on the market but these kind of contracts jeopardize worker's position at the labour market. At the level of European Union, Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, sets out the general principles and minimum requirements relating to fixed-term work, recognizing that their detailed application needs to take account of the realities of specific national, sectoral and seasonal situations. Directive aims to establish a general framework for ensuring equal treatment for fixed-term workers by protecting them against discrimination and for using fixed-term employment contracts on a basis acceptable to employers and workers. Special reflection is given to the ECJs Judgment (Tenth Chamber) of 14 September 2016 in the preliminary ruling case C-596/14, Ana de Diego Porras v Ministerio de Defensa. In this case, The Court gave its opinion about the concept of employment conditions’, more concretely about compensation for termination of a fixed term contract of employment. In that light, the author analyses both the decision of The Court and right to compensation for termination of a fixed term contract in Croatian law and neighbour countries.

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