exclusion from public-sector employment oor Bulgaars
exclusion from public-sector employment
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In relation to the exclusion from the protective sphere of Presidential Decree No 164/2004 of the single or first use of a fixed-term employment contract, specifically contested in Case C‐378/07, only a subset of fixed-term work in the public sector is affected by that measure.
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It is apparent from all these considerations that, in my view, clause 5(1)(a) of the framework agreement is to be interpreted as precluding a national provision under which the conclusion of successive fixed-term employment contracts is authorised for budgetary reasons which are reserved exclusively to the public sector.
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141 However, in the present case, as regards the amendment arising from the exclusion from the scope of Presidential Decree No 164/2004 of workers who have entered into a first or single fixed-term employment contract, it is apparent that that amendment does not affect all workers who have entered into a fixed-term employment contract but only those who (i) are in the public sector and (ii) are not parties to successive fixed-term employment contracts.
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