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Working Papers

The Court of Justice of the European Union and fixed-term workers: still fixed, but at least equal

Caroline de la Porte and Patrick Emmenegger

Publication date : 2016

Number of pages : 31

Author(s) :

Caroline de la Porte and Patrick Emmenegger

This Working Paper focuses on the impact of the directive on fixed-term work and the EU's Court of Justice (CJEU) case law concerning fixed-term work from 2007 and 2013. By doing so, this working paper develops an analytical framework to analyse the Europeanisation of labour law with an eye on the literature on labour-market dualisation.

The findings of this publication show that the fixed-term work directive addresses and affirms the equal treatment of workers, while the position of the CJEU is rather restrictive (especially in cases of clear abuse of fixed-term contract and abusive recourse). The Court indirectly supports the politics of labour dualisation, whereby member states can continue to use fixed-term contracts to increase the labour supply.

Collection: 2016.01
ETUI, Brussels, ISSN 1994-4446, ISSN 1994-4454 (pdf)

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