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Court watch

European Court of Justice (ECJ), March 16, 2016
Case C-158/16. Fixed-term employment

Must the term ‘employment conditions’ in Clause 4 of the framework agreement on fixed-term work be interpreted as including a legal situation in which a fixed-term worker who has been elected to political office as a member of Parliament may, in the same way as a permanent member of staff, apply for and be granted a break in the service relationship with the employer so as to be reinstated in the same post once the relevant parliamentary term of office has expired?Must the principle of non-discrimination referred to in Clause 4 of the framework agreement on fixed-term work be interpreted as precluding regional legislation such as Article 59(2) of the Law [of the Principality of Asturias] 3/1985 [of 26 December 1985] on the organisation of the civil service [of the Government of the Principality of Asturias], which totally and absolutely precludes giving an ‘interino’ civil servant special service leave in the event of being elected a member of Parliament, when that right is given to career civil servants?