Dear Clare and list
Very shortly the draft UK regulations on the Directive will go out for
consultation. So any-one who feels that the UK interpretation is too waek is
welcome to get their oar in - I certainly will have something to say about
it. Of course the Government should be particularly in real cases of the use
of FTCs and HE contract research can provide numerous examples of the abuse
of serial fixed term contracts, the inferior treatment of those on FTCs
compared to permanent staff and discrimination/subjective reasons for their
use in the first place. I am sure members of this list can provide some very
good case studies (probably of themselves). If anyone wants to present such
a case contact me and I will help.
What is clear is that Uni's will not be able to just carry on regardless
after July.
Carry on lobbying
Colin Bryson
Dept of HRM
Nottingham Trent University
Burton Street 
Nottingham, NG1 4BU

0115 848 4374
http://www.nbs.ntu.ac.uk/staff/brysocm


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-----Original Message-----
From: Clare Davies [mailto:[log in to unmask]]
Sent: 09 November 2000 20:23
To: [log in to unmask]
Subject: European Directive on fixed-term work


For anyone who hasn't yet seen this, I spent a frustrating half-hour
on the web today rooting it out. I have heard two different stories
about its implementation here in the UK - one that it came into force
in June/July 2000, and the other that it won't be in force until next
summer. In either case, its main impact is to remind employers that
fixed-term contracts shouldn't be abused, should give workers the
same rights and treatment as permanent staff, and shouldn't be used
successively for no good reason. Anyone who can shed more
authoritative light on it than that is welcome to help me out here!

At least one university - Edinburgh - has already implemented an
agreement with its local AUT about what valid 'objective reasons'
(see clause 5 below) can be used for giving someone a short-term
contract. Hopefully more institutions will follow suit soon (I expect
the list of reasons will differ - feedback to this list about local
progress would be great.)

The key bits of the Directive are below. URL to the whole thing, 
preambles and all:

http://europa.eu.int/eur-lex/en/lif/dat/1999/en_399L0070.html

Principle of non-discrimination (clause 4):

1. In respect of employment conditions, fixed-term workers shall not
be treated in a less favourable manner than comparable permanent
workers solely because they have a fixed-term contract or relation
unless different treatment is justified on objective grounds.

2. Where appropriate, the principle of pro rata temporis shall apply.

3. The arrangements for the application of this clause shall be
defined by the Member States after consultation with the social
partners and/or the social partners, having regard to Community law
and national law, collective agreements and practice.

4. Period-of service qualifications relating to particular
conditions of employment shall be the same for fixed-term workers as
for permanent workers except where different length-of service
qualifications are justified on objective grounds.

Measures to prevent abuse (clause 5):

1. To prevent abuse arising from the use of successive fixed-term
employment contracts or relationships, Member States, after
consultation with social partners in accordance with national law,
collective agreements or practice, and/or the social partners, shall,
where there are no equivalent legal measures to prevent abuse,
introduce in a manner which takes account of the needs of specific
sectors and/or categories of workers, one or more of the following
measures:
(a) objective reasons justifying the renewal of such contracts or
relationships;
(b) the maximum total duration of successive fixed-term employment
contracts or relationships;
(c) the number of renewals of such contracts or relationships. 

[My understanding, and cynics won't be surprised at this, is that the 
UK has opted for the weakest, i.e. the 'objective reasons' version.]

Information and employment opportunities (clause 6):

1. Employers shall inform fixed-term workers about vacancies which
become available in the undertaking or establishment to ensure that
they have the same opportunity to secure permanent positions as other
workers. Such information may be provided by way of a general
announcement at a suitable place in the undertaking or establishment.

2. As far as possible, employers should facilitate access by
fixed-term workers to appropriate training opportunities to enhance
their skills, career development and occupational mobility. 


__________________________________________
Dr Clare Davies
Dept. of Psychology, University of Surrey.
List owner for contract-research-staff, a
national list on researchers' career
issues in UK higher education.

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