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Joined Cases C-212/24, C-226/24 and C-227/24, L.T. and Others (Social allowances in respect of fixed-term agricultural workers): Judgment of the Court (Tenth Chamber) of 8 May 2025 (requests for a preliminary ruling from the Corte d’appello di Firenze – Italy) – L.T. s.s. (C-212/24), A.M. (C-226/24), XXX (C-227/24) v Istituto nazionale della previdenza sociale (INPS) (References for a preliminary ruling – Social policy – Fixed-term work – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination against fixed-term workers – Scope – Concept of an employment condition – Fixed-term agricultural labourers – Social security contributions calculated on the basis of remuneration – Remuneration of fixed-term agricultural workers established on the basis of daily working hours completed – Remuneration of permanent agricultural workers established on the basis of a fixed daily working time)

ECLI:EU:UNKNOWN:62024CA0212

62024CA0212

May 8, 2025
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Valentina R., lawyer

Official Journal of the European Union

C series

C/2025/3385

30.6.2025

(Joined Cases C-212/24,

(2)

(3)

(References for a preliminary ruling - Social policy - Fixed-term work - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4(1) - Principle of non-discrimination against fixed-term workers - Scope - Concept of an ‘employment condition’ - Fixed-term agricultural labourers - Social security contributions calculated on the basis of remuneration - Remuneration of fixed-term agricultural workers established on the basis of daily working hours completed - Remuneration of permanent agricultural workers established on the basis of a fixed daily working time)

(C/2025/3385)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellants: L.T. s.s. (C-212/24), A.M. (C-226/24), XXX (C-227/24)

Respondent: Istituto nazionale della previdenza sociale (INPS)

With the participation of: Agenzia delle entrate – Riscossione

Operative part of the judgment

Clause 4(1) of the framework agreement on fixed-term work concluded on 18 March 1999, which is annexed 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 precluding national legislation, as interpreted by a supreme national court, under which social security contributions payable by employers who employ fixed-term agricultural workers in order to finance benefits under an occupational social security scheme are calculated on the basis of the remuneration paid to those workers for the daily working hours which they have actually completed, whereas the social security contributions payable by employers who employ permanent agricultural workers are calculated on the basis of remuneration established for a fixed daily working time, as established by national law, irrespective of the hours actually completed.

(1) OJ C C/2024/3743.

(2) OJ C C/2024/3745.

(3) OJ C C/2024/3746.

ELI: http://data.europa.eu/eli/C/2025/3385/oj

ISSN 1977-091X (electronic edition)

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