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Case C-596/14: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Madrid, Sección 3 de lo Social (Spain) lodged on 22 December 2014 — Ana de Diego Porras v Ministerio de Defensa
ECLI:EU:UNKNOWN:62014CN0596
62014CN0596
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23.3.2015
Official Journal of the European Union
C 96/3
(Case C-596/14)
(2015/C 096/05)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Ana de Diego Porras
Defendant: Ministerio de Defensa
Questions referred
1.Is the compensation due on termination of a temporary contract covered by the employment conditions to which Clause 4(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP refers (1)?
2.If such compensation is covered by the employment conditions, must workers with an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions, such as reaching a specific date, completing a specific task or service, or the occurrence of a specific event, receive, on termination of the contract, the same compensation as that to which a comparable permanent worker is entitled when his contract is terminated for objective reasons?
3.If a temporary worker is entitled to receive the same compensation as a permanent worker on termination of the contract for objective reasons, must Article 49(1)(c) of the Estatuto de los Trabajadores (Workers’ Statute) be regarded as having correctly transposed Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, or is it discriminatory and contrary to that directive in that it undermines its purpose and its effectiveness?
4.If there are no objective reasons for excluding temporary replacement workers from the entitlement to receive compensation on termination of a temporary contract, is the distinction which the Worker’s Statute establishes between the employment conditions of those workers discriminatory, compared not only with the conditions of permanent workers but also with those of other temporary workers?
Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).