2024-03-04-KPMG_Global-European_Union_–_Dismissal_of_Fixed-Term_Employees_Must_Be_Reasoned_4页_221kb

Summary of GMS Flash Alert: EU Court Ruling on Fixed-Term Employee Dismissal

On February 20, 2024, the Court of Justice of the European Union (CJEU) ruled that employers must provide reasons for terminating fixed-term employment contracts, similar to permanent contracts. The ruling addressed a case involving K.L. and a Polish company, where no reasons were given for termination, leading to a claim under EU Directive 1999/70 on non-discrimination in fixed-term work. The CJEU found that requiring reasons for dismissal in fixed-term contracts is necessary to ensure effective remedy and avoid discriminatory treatment, potentially infringing on EU law if national laws allow otherwise. This decision may expand the direct effect of EU directives in future cases. Poland, among other EU member states, may need to revise its labor legislation to comply.