Official Journal of the EC, DIRECTIVE 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP

Member States may have a maximum of one more year, if
necessary, and following consultation with management and
labour, to take account of special difficulties or implementation
by a collective agreement.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relations...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relations...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

In addition, it is also recognised that innovations in occupational social protection systems are necessary in order to adapt
them to current conditions, and in particular to provide for the transferability of rights.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

Member States may have a maximum of one more year, if
necessary, and following consultation with management and
labour, to take account of special difficulties or implementation
by a collective agreement.

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

Member States after consultation with the social partners and/or the social partners may provide that this agreement
does not apply to:
(a) initial vocational training relationships and apprenticeship schemes;
(b) employment contracts and relationships which have been concluded within the framework of a specific public or
publicly-supported training, integration and vocational retraining programme.

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

Member States after consultation with the social partners and/or the social partners may provide that this agreement
does not apply to:
(a) initial vocational training relationships and apprenticeship schemes;
(b) employment contracts and relationships which have been concluded within the framework of a specific public or
publicly-supported training, integration and vocational retraining programme.

Member States after consultation with the social partners and/or the social partners may provide that this agreement
does not apply to:
(a) initial vocational training relationships and apprenticeship schemes;
(b) employment contracts and relationships which have been concluded within the framework of a specific public or
publicly-supported training, integration and vocational retraining programme.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

In this respect the Social Partners note the Employment Declaration
of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly
social security systems by `developing social protection systems capable of adapting to new patterns of work and
providing appropriate protection to those engaged in such work©.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

Whereas employment contracts of an indefinite duration are the general form of employment relationships and
contribute to the quality of life of the workers concerned and improve performance;
7.

In this respect the Social Partners note the Employment Declaration
of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly
social security systems by `developing social protection systems capable of adapting to new patterns of work and
providing appropriate protection to those engaged in such work©.

L 175/44 EN Official Journal of the European Communities 10.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

Done at Luxembourg, 28 June 1999.

The parties to this agreement recognise that contracts of an indefinite duration are, and will continue to be, the general
form of employment relationship between employers and workers.

The present agreement does not prejudice the right of the social partners to conclude at the appropriate level,
including European level, agreements adapting and/or complementing the provisions of this agreement in a manner
which will take note of the specific needs of the social partners concerned.

In this respect the Social Partners note the Employment Declaration
of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly
social security systems by `developing social protection systems capable of adapting to new patterns of work and
providing appropriate protection to those engaged in such work©.

Whereas this agreement takes into consideration the need to improve social policy requirements, to enhance the
competitiveness of the Community economy and to avoid imposing administrative, financial and legal constraints in
a way which would hold back the creation and development of small and medium-sized undertakings;
12.

Whereas this agreement takes into consideration the need to improve social policy requirements, to enhance the
competitiveness of the Community economy and to avoid imposing administrative, financial and legal constraints in
a way which would hold back the creation and development of small and medium-sized undertakings;
12.

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

Fixed-term workers shall be taken into consideration in calculating the threshold above which workers' representative
bodies provided for in national and Community law may be constituted in the undertaking as required by national
provisions.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

Whereas this agreement takes into consideration the need to improve social policy requirements, to enhance the
competitiveness of the Community economy and to avoid imposing administrative, financial and legal constraints in
a way which would hold back the creation and development of small and medium-sized undertakings;
12.

As far as possible, employers should facilitate access by fixed-term workers to appropriate training opportunities to
enhance their skills, career development and occupational mobility.

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

Without prejudice to the role of national courts and the Court of Justice, the parties to this agreement request that any
matter relating to the interpretation of this agreement at European level should in the first instance be referred by the
Commission to them for an opinion.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

Whereas this agreement takes into consideration the need to improve social policy requirements, to enhance the
competitiveness of the Community economy and to avoid imposing administrative, financial and legal constraints in
a way which would hold back the creation and development of small and medium-sized undertakings;
12.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relations...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

The parties to this agreement request that the social partners are consulted prior to any legislative, regulatory or
administrative initiative taken by a Member State to conform to the present agreement.

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

Member States after consultation with the social partners and/or the social partners shall, where appropriate, determine
under what conditions fixed-term employment contracts or relationships:
(a) shall be regarded as `successive©
(b) shall be deemed to be contracts or relationships of indefinite duration.

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

The ETUC, UNICE and CEEP request the Commission to submit this framework agreement to the Council for a decision
making these requirements binding in the Member States which are party to the Agreement on social policy annexed to
the Protocol (No 14) on social policy annexed to the Treaty establishing the European Community.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

For the purpose of this agreement the term `fixed-term worker© means a person having an employment contract or
relationship entered into directly between an employer and a worker where the end of the employment contract or
relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the
occurrence of a specific event.

In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than
comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is
justified on objective grounds.

They also recognise that fixed-term employment
contracts respond, in certain circumstances, to the needs of both employers and workers.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relations...

In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than
comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is
justified on objective grounds.

In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than
comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is
justified on objective grounds.

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

Implementation of this agreement shall not constitute valid grounds for reducing the general level of protection
afforded to workers in the field of the agreement.

Member States after consultation with the social partners and/or the social partners may provide that this agreement
does not apply to:
(a) initial vocational training relationships and apprenticeship schemes;
(b) employment contracts and relationships which have been concluded within the framework of a specific public or
publicly-supported training, integration and vocational retraining programme.

Whereas the social partners are best placed to find solutions that correspond to the needs of both employers and
workers and shall therefore be given a special role in the implementation and application of this agreement.

It
illustrates the willingness of the Social Partners 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.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relations...

Whereas more than half of fixed-term workers in the European Union are women and this agreement can therefore
contribute to improving equality of opportunities between women and men;
10.

Member States after consultation with the social partners and/or the social partners may provide that this agreement
does not apply to:
(a) initial vocational training relationships and apprenticeship schemes;
(b) employment contracts and relationships which have been concluded within the framework of a specific public or
publicly-supported training, integration and vocational retraining programme.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

Fixed-term workers shall be taken into consideration in calculating the threshold above which workers' representative
bodies provided for in national and Community law may be constituted in the undertaking as required by national
provisions.

In this respect the Social Partners note the Employment Declaration
of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly
social security systems by `developing social protection systems capable of adapting to new patterns of work and
providing appropriate protection to those engaged in such work©.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

Whereas fixed-term employment contracts are a feature of employment in certain sectors, occupations and activities
which can suit both employers and workers;
9.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This agreement sets out the general principles and minimum requirements relating to fixed-term work, recognising that
their detailed application needs to take account of the realities of specific national, sectoral and seasonal situations.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

Where appropriate, the principle of pro rata temporis shall apply.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

In this respect the Social Partners note the Employment Declaration
of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly
social security systems by `developing social protection systems capable of adapting to new patterns of work and
providing appropriate protection to those engaged in such work©.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

Member States after consultation with the social partners and/or the social partners may provide that this agreement
does not apply to:
(a) initial vocational training relationships and apprenticeship schemes;
(b) employment contracts and relationships which have been concluded within the framework of a specific public or
publicly-supported training, integration and vocational retraining programme.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

The signatory parties shall review the application of this agreement five years after the date of the Council decision if
requested by one of the parties to this agreement.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

In addition, it is also recognised that innovations in occupational social protection systems are necessary in order to adapt
them to current conditions, and in particular to provide for the transferability of rights.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

Without prejudice to the role of national courts and the Court of Justice, the parties to this agreement request that any
matter relating to the interpretation of this agreement at European level should in the first instance be referred by the
Commission to them for an opinion.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

In addition, it is also recognised that innovations in occupational social protection systems are necessary in order to adapt
them to current conditions, and in particular to provide for the transferability of rights.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

As far as possible, employers should give consideration to the provision of appropriate information to existing
workers' representative bodies about fixed-term work in the undertaking.

1999 EN Official Journal of the European Communities L 175/45
ANNEX
ETUC-UNICE-CEEP
framework agreement on fixed-term work
Preamble
This framework agreement illustrates the role that the social partners can play in the European employment strategy
agreed at the 1997 Luxembourg extra-ordinary summit and, following the framework agreement on part-time work,
represents a further contribution towards achieving a better balance between `flexibility in working time and security for
workers©.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

For the purpose of this agreement the term `fixed-term worker© means a person having an employment contract or
relationship entered into directly between an employer and a worker where the end of the employment contract or
relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the
occurrence of a specific event.

Article 3
This Directive shall enter into force on the day of its publication
in the Official Journal of the European Communities.

Member States after consultation with the social partners and/or the social partners may provide that this agreement
does not apply to:
(a) initial vocational training relationships and apprenticeship schemes;
(b) employment contracts and relationships which have been concluded within the framework of a specific public or
publicly-supported training, integration and vocational retraining programme.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relationships;
(...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than
comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is
justified on objective grounds.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than
comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is
justified on objective grounds.

Article 2
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 10 July 1999, or shall ensure that, by that date at
the latest, management and labour have introduced the necessary
measures by agreement, the Member States being required
to take any necessary measures to enable them at any time to
be in a position to guarantee the results imposed by this
Directive.

Article 4
This Directive is addressed to the Member States.

1999
(14) The signatory parties wished to conclude a framework
agreement on fixed-term work setting out the general
principles and minimum requirements for fixed-term
employment contracts and employment relationships;
they have demonstrated their desire to improve the
quality of fixed-term work by ensuring the application
of the principle of non-discrimination, and to establish a
framework to prevent abuse arising from the use of
successive fixed-term employment contracts or relations...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, a...

This agreement applies to fixed-term workers with the exception of those placed by a temporary work agency at the
disposition of a user enterprise.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

In this respect the Social Partners note the Employment Declaration
of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly
social security systems by `developing social protection systems capable of adapting to new patterns of work and
providing appropriate protection to those engaged in such work©.

In this respect the Social Partners note the Employment Declaration
of the Dublin European Council in 1996 which emphasised inter alia, the need to develop more employment-friendly
social security systems by `developing social protection systems capable of adapting to new patterns of work and
providing appropriate protection to those engaged in such work©.

Without prejudice to the role of national courts and the Court of Justice, the parties to this agreement request that any
matter relating to the interpretation of this agreement at European level should in the first instance be referred by the
Commission to them for an opinion.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

Whereas the use of fixed-term employment contracts based on objective reasons is a way to prevent abuse;
8.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

In respect of employment conditions, fixed-term workers shall not be treated in a less favourable manner than
comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is
justified on objective grounds.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

COUNCIL DIRECTIVE 1999/70/EC
of 28 June 1999
concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Following the entry into force of the Treaty of
Amsterdam the provisions of the Agreement on social
policy annexed to the Protocol on social policy, annexed
...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain emp...

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

The parties to this agreement reiterate the view
expressed in the 1997 part-time agreement that Member States should give effect to this Declaration without delay.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...

Member States may have a maximum of one more year, if
necessary, and following consultation with management and
labour, to take account of special difficulties or implementation
by a collective agreement.

This process must
result from an approximation of these conditions while
the improvement is being maintained, as regards in
particular forms of employment other than open-ended
contracts, such as fixed-term contracts, part-time
working, temporary work and seasonal work©;
(4) The Council has been unable to reach a decision on the
proposal for a Directive on certain employment relationships
with regard to distortions of competition (1), nor
on the proposal for a Directive on certain employment...