ECJ 8 May 2025, case C-212/24 (L.T. (Allocations sociales pour travailleurs agricoles à durée déterminée)), Fixed-term work, Other forms of discrimination

Summary

The framework agreement on fixed-term work precludes national legislation that treats fixed-term (agricultural) workers different compared to permanent (agricultural) workers with regard to the calculation of the remuneration and contributions to an occupational social security scheme.

Question

Must Clause 4(1) of the framework agreement on fixed-term work 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 are calculated on the basis of the remuneration paid to those workers for the daily working hours which they have actually completed, whereas social security contributions payable by employers who employ permanent agricultural workers are calculated on the basis of remuneration established for a daily working time comprising a number of hours laid down in national law?

Ruling

Clause 4(1) of the framework agreement on fixed-term work 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.