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Case C-151/21: Order of the Court (Eighth Chamber) of 13 December 2021 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — Servicio de Salud de Castilla-La Mancha (SESCAM) v BF (Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Field of public health — Calculation of length-of-service increments — National legislation refusing to take into account, as regards permanent staff regulated under administrative law, for the purpose of calculating length-of-service increments, periods corresponding to activities temporarily exercised in a higher professional category)
ECLI:EU:UNKNOWN:62021CB0151
62021CB0151
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14.3.2022
Official Journal of the European Union
C 119/14
(Case C-151/21) (<span class="oj-super oj-note-tag">1</span>)
(Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Field of public health - Calculation of length-of-service increments - National legislation refusing to take into account, as regards permanent staff regulated under administrative law, for the purpose of calculating length-of-service increments, periods corresponding to activities temporarily exercised in a higher professional category)
(2022/C 119/18)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellant: Servicio de Salud de Castilla-La Mancha (SESCAM)
Respondent: BF
Operative part of the order
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.
Date lodged: 9 March 2021.
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