The limitations of fixed-term contract regulation

Abstract

This case note discusses the lack of remedies in case of an infringement of clause 5 of the Fixed-Term Work Directive 1999 and the dangers in cases where fixed-term work abuses can be traced back to discriminatory treatment. The analysis focuses on the availability of remedies in case of primary EU law being violated, but also on the limits of special treatment that an entreprise de tendance may claim for its employees.