Order of the Court (Eighth Chamber) of 13 December 2021

1. Social policyFramework agreement on fixed-term work concluded by ETUC, UNICE and CEEPDirective 1999/70Conditions of employmentConceptThree-yearly length-of-service incrementsIncluded

(Council Directive 1999/70, Annex, Clause 4(1))

(see para. 28)

2. Social policyFramework agreement on fixed-term work concluded by ETUC, UNICE and CEEPDirective 1999/70ScopePermanent member of staff of the public health serviceNot includedTemporary exercise by that member of staff of activities in a higher professional categoryNational legislation denying him or her the right to the three-yearly length-of-service increments corresponding to that categoryRight otherwise granted to fixed-term workersWhether permissible

(Council Directive 1999/70, Annex, Clause 4)

(see paras 29-32)

Operative part

Clause 4 of the framework agreement on fixed-term work, concluded on 18 March 1999, which is set out in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as not precluding national legislation which provides that, for a permanent worker who temporarily performs duties in a professional category that is higher than the one to which he or she belongs, the three-yearly length-of-service increments to which he or she is entitled are those corresponding to that latter category, even though, for a fixed-term worker placed in the same situation, the three-yearly length-of-service increments correspond to those of the professional category in which his or her duties were actually performed.