Judgment_paragraph 38 · Małgorzata Nierodzik v Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej im. dr Stanisława Deresza w Choroszczy (C-38/13)

38Different treatment with regard to employment conditions as between fixed-term workers and permanent workers cannot be justified on the basis of a criterion which, in a general and abstract manner, refers precisely to the term of the employment. If the mere temporary nature of an employment relationship were held to be sufficient to justify such a difference, the objectives of Directive 1999/70 and the Framework Agreement would be negated. Rather than improving the quality of fixed-term work and promoting equal treatment as required by Directive 1999/70 and the Framework Agreement, recourse to such a criterion would perpetuate a situation unfavourable to fixed-term workers (order of 9 February 2012 in Case C‑556/11 Lorenzo Martínez, paragraph 50 and the case-law cited).