In Huet v Universite de Bretagne occidentale [C-251/11], Mr Huet became a permanent employee - after he had worked as a Researcher - on successive fixed-term contracts for six years. However, Mr Huet was permanently employed as a Research Officer with lower pay than a Researcher. The ECJ was asked if Mr Huet’s permanent contract and his previous fixed-term contract must have the same terms of employment (e.g. the same pay and job title).
The ECJ replied no. However, the terms of the permanent contract - taken as a whole - should not be less favourable than the terms of the previous fixed-term contract - if the employee’s job has not changed.
Comment
In the UK, the ECJ’s decision will apply to fixed-term employees who have become permanent employees because they have worked on successive fixed-term contracts for at least four years.
The ECJ replied no. However, the terms of the permanent contract - taken as a whole - should not be less favourable than the terms of the previous fixed-term contract - if the employee’s job has not changed.
Comment
In the UK, the ECJ’s decision will apply to fixed-term employees who have become permanent employees because they have worked on successive fixed-term contracts for at least four years.
2 comments:
But if a UK worker has worked on successive fixed term contracts for 4 years or more and duration of each of contract is 18 months. Then the 3rd fixed term contract will become a permanent contract with the same terms.
I agree.
But if the duration of the fixed-term contract (FTC) is one year. Must the permanent contract have the same terms as the 4th FTC if the job has changed?
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