Request for a preliminary ruling — Tribunale di Napoli — Interpretation of Clause 4 of the framework agreement set out in Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p 43) — Scope — Concept of ‘working conditions’ — Horizontal applicability of that directive — Concept of ‘State body’ — Interpretation of Article 47 of the Charter of Fundamental Rights and Article 6 ECHR — Principle of equivalence — National legislation establishing a system of compensation for the unlawful insertion of a fixed-term clause into an employment contract providing for compr ...[+++]ehensive compensation ranging from 2.5 to 12 months’ actual full pay for the period from the interruption of the employment relations until the date of actual reinstatement — Compensation lower than either the compensation provided for under the ordinary civil law in the event of unjustified refusal to accept work or the compensation provided for in the event of unlawful termination of an employment contract of indefinite duration.

Is it contrary to the principle of equivalence if, in implementing Directive 1999/70/EC, (1) national legislation makes provision, for cases where an employment contract is unlawfully suspended by operation of a clause which sets an expiry date, for economic consequences which are different from and considerably less favourable than the economic consequences which are to ensue in cases where an ordinary civil law contract is suspended by operation of a clause which sets an expiry date?

Therefore, this Directive should not affect national law in the area of contracts relating to employment, contracts relating to succession rights, contracts relating to family law and contracts relating to the incorporation and organisation of companies or partnership agreements.

Therefore, this Directive should not affect national law in the area of contracts relating to employment, contracts relating to succession rights, contracts relating to family law and contracts relating to the incorporation and organisation of companies or partnership agreements.

Does Clause 5(1) of the framework agreement on fixed-term work preclude the application of a provision of national law such as Paragraph 14(1)(7) of the Law on part-time working and fixed-term contracts (Gesetz über Teilzeitarbeit und befristete Arbeitsverträge, ‘the TzBfG’) which justifies successive fixed terms of employment contracts in the public sector alone for the ‘objective reason’ that the employee is paid out of budgetary funds provided for fixed-term employment, whereas in the case of employers in the private sector such economic reasons are not recognised as ‘objective reasons’?

That is considered as a parallel working contract; if the employee does not come to work, that will not be accounted as a breach of the employment contract (the employee is allowed to "keep in touch" with the enterprise, according to the legislator's motives).