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ECJ upholds IMPACT case for fixed-term workers' equality
national |
worker & community struggles and protests |
news report
Tuesday April 15, 2008 16:49 by Stuart
European Court of Justice upholds the judgement by Rights Commissioner Janet Hughes The union IMPACT brought a case on behalf of 91 civil servants under the European Directive on the protection of fixed-term workers, implemented as the Protection of Employees (Fixed Term Workers) Act 2003 in Ireland. The case demands of equality of treatment with comparable established colleagues and of extension of retrospective benefits to 2001, the date agreed to by the state as a signatory to the Directive, rather than 2003 when the Act was finally signed. Fixed-term workers are entitled to equality of treatment with respect to pay, benefits (leave, pensions, increments, holiday pay etc), working conditions, promotion, training and opportunities. In effect a worker becomes "established" or permanent after four years' service because the contract subsequent to the third year must be of indeterminate duration or a final year - perpetual contract work is no longer acceptable. The IMPACT members were denied both equality of treatment and retrospective pension contributions upon the signing of the Act, for which the government had ample time to make provision after the agreement in 1999. |
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Jump To Comment: 1As a PS worker, my only question is "when will I see the big, fat deposit in my pension fund"? Everyone has ruled that we are owed pension contributions throughout our public service. I saved up my own contributions, but the judgements actually say the government will have to pay these too. We had a big to-do when a lot of us got back-increments and were put onto the pension scheme, but it still isn't equal to permanent staff.