COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 294 final 
Brussels, 24 July 1991 
Amended proposal for a 
COUNCIL DIRECTIVE 
on a form of proof of an employment relationship 
(submitted by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
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EXPLANATORY MEMORANDUM 
Following the adoption by the European Parliament of certain amendments to 
the proposal for a Directive, ,the Commission is presenting an amended 
proposal for a Directive. 
In this new proposal the Commission has taken account of the Parliament's 
amendments In as far as they aim to consolidate the means of achieving its 
objective, namely to Inform the worker about his or her main terms of 
employment. 
The Commission has thus adopted various amendments concerning the method of 
drawing up the written declaration. Whatever the form of the document which 
may replace the written declaration, referring to the collective or statutory 
provisions applicable, such a document must be drawn up in accordance with 
the conditions provided for in the declaration. The parallelism between the 
information content of this document (e.g. contract of employment, letter of 
appointment) and the content of the written declaration renders the proposal 
for a Directive more effective and efficient. 
Article 3 is revised in accordance with an amendment adopted by the 
Parliament to cover all changes to the elements of information contained in 
the written declaration rather than the original "any substantive change". 
The fifth indent of Article 2(2) is revised to cater for the amendment to the 
effect that workers must be informed of overtime arrangements. 
Finally, regarding the possibility of implementation of the proposal for a 
Directive by the Member States on the basis of an agreement, the revised 
proposal complies with the Parliament's wish for the principle of respecting 
the autonomy of the social partners to be incorporated into the eleventh 
reel ta I. 
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Amended proposal for a 
COUNCIL DIRECTIVE 
on a form of proof of an employment relationship 
Commission propose I 
Having regard to the Treaty establishing the 
European Economic Community, and In particular 
Article 100 thereof. Modified Proposal 
Unchanged 
Having regard to the proposal from the Commission. Unchanged 
Having regard to the Opinion of the European Unchanged 
Parliament, 
Having regard to the Opinion of the Economic and Unchanged 
Social Committee. 
tthereas the development In the Member States of 
new forms of work has led to an Increase In the 
number of types of employment relationship; Unchanged 
tthereas, faced with this development, certain 
Member States have considered it necessary to 
subject employment relationships to formal 
requirements; whereas these provisions are 
designed to provide employees with improved 
protection against infringements of their rights 
and to create greater transparency in the labour 
market; Unchanged 
Whereas the relevant legislation of the Member 
States differs considerably in such fundamental 
areas as the requirement to put the conclusion of 
an employment contract into writing or the 
obligation to provide written proof of an 
employment relationship; Unchanged 
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Commission Proposal Modified Proposal 
Whereas it is necessary to establish at Community 
level the general requirement to that provide 
every employee must be provided with a document 
constituting a form of proof of the main terms of 
his employment relationship with his employer; Unchanged 
whereas it is nonetheless necessary to maintain a 
certain degree of flexibiIity in employment 
relationships and the aforementioned obligation to 
provide a written declaration should not therefore 
apply to employment relationships involving no 
more than eight hours' work on average per week; Unchanged 
Whereas the provision of a written declaration is 
superfluous in cases where there is a written 
contract of employment , a letter of appointment or 
any other document making reference to current 
provisions or collective agreements: Whereas the provision of a written declaration is 
superfluous in cases where there is a written 
contract of employment , a letter of appointment cr 
any other document -_ drawn up in accordance with the 
coiidijions Iàu1_ dowj) fc/j^the circiaration - making 
reference to current provisions or collective 
agreements; 
Whereas, in order to protect the interests of 
employees with regard to obtaining a written 
déclarât ion, any substantive change in the 
contents of the declaration must be brought to the 
employee's attention in writing, particularly if 
he is sent to work abroad; Unchanged 
Whereas these differences in the legislation of 
the Member States may have a direct effect on the 
operation of the Common Market; Unchanged 
Whereas point 9 of Title I of the Community 
Charter of Fundamental Social Rights of Workers 
states that the conditions of employment of every 
worker of the European Community shall be 
stipulated in laws, a collective agreement or a 
contract of employment , according to arrangements 
applying in each country; Unchanged 
Whereas Article 117 of the EEC Treaty provides for 
the Member States to agree upon the need to 
promote improved working conditions and an 
improved standard of living for workers, so as to 
make possible their harmonization while the 
improvement is being maintained; Unchanged 
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>i 
A Commission Proposal Modified Proposal 
Whereas the Member States may, in the first 
instance, leave it up to the social partners to 
attain the aims of this Directive, and in such 
cases it is up for them to implement whatever 
provisions are necessary for its general 
applicat ion; Whereas the Member States may, out of respect for the 
indépendance of the social partners, leave it up to 
them to attain the aims of this Directive, and in 
such cases it is up for the® to implement whatever 
provisions are necessary for its general application; 
Whereas ft is appropriate to ensure fhat the 
obiigat ions arising from this Directive are 
effectively implemented by the Member States; Whereas it is necessary to ensure that the 
obi igations artsmg from this Directive are 
effectively implemented by the Member States; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 Article 1 
1. This Directive applies to any employment 
relationship which is subject to the 
legislation in force in a Member State. 
2. The provisions of this Directive shall not 
apply to employment relationships involving no 
more than eight hours' work on average a week. 
Article 2 Unchanged 
Article 2 
The employer shall provide the worker with a 
written declaration in accordance with the 
provisions of this Directive no later than one 
month after he has been recruited. 
The employer shall sign the declaration and 
keep a copy. 1. Unchanged 
2. The declaration referred to in paragraph 1 
shall contain the following main elements of 
information: 2. Unchanged 
- the identity of the parties-, 
- place of work; 
- a description of the job and category of 
employment; 
- the duration of the employment relationship 
and, if appropriate, the duration of the 
trial period, and the period of notice; 
- working time and paid leave; 
- remuneration and method of payment; 
- the social security system applicable and, if 
appropriate, any supplementary scheme, 
- a reference to the collective agreements 
applicable. - the identity of the parties; 
- place of work; 
- a description of the job and category of 
employment; 
- the duration of the employment relationship and, 
if appropriate, the duration of the triai 
period, and the period of notice: 
- working time, overtime rules and paid leave; 
-remuneration and method of payment; 
- a reference to the collective agreements 
applicable. 
Commission Proposal Modified Proposal 
Employees shall receive written not ification of 
any substantive change to the elements of 
information listed in paragraph 2, especially 
in cases where employees are required to work 
in another country; in such cases employees 
must be assured, before their departure, of 
receiving the written declaration provided for 
in paragraph 2, which in this case must contain 
the following supplementary information: Employees shall receive written not if ication of 
any change to the elements of information listed 
in paragraph 2, especially in cases where 
employees are required to work in another country; 
in such cases employees must be assured, before 
their departure, of receiving the written 
déclarât ion provided for in paragraph 2, which in 
this case must contain the following supplementary 
informat ion: 
- the duration of employment abroad; 
- the foreign currencies used for the payment 
of wages or salaries; 
- any benefits attendant on employment abroad; 
- if appropriate, the circumstances of return 
to the employee's home country. Unchanged 
Article 3 Article 3 
The written declaration in accordance with Article 
2 shall not be compulsory if there is: 
- a contract of employment in writing, or 
- a letter of appointment or other document 
referring to a collective agreement or other 
regulations governing employment relationships , 
copies of which are easily accessible. The written declaration in accordance with Article 2 
shall not be compulsory if there ;s.- a contract of 
employment in writing, or a letter of appointment or 
other document referring to a collective agreement or 
other regulations governing employment relationships, 
containing at least the elements laid down in 
Article 2(2). 
Article 4 Article 4 
This Directive shall not affect Member States' 
prerogative to apply or introduce laws, 
regulations or administrative provisions which are 
more favourable to employees. Unchanged 
Article 5 Article 5 
Member States shall take such measures as are 
necessary to ensure the application by all natural 
and legal persons of the obligations which derive 
from this directive and to penalize any 
infringement of provisions made to apply this 
directive. Unchanged 
i ft •r Commission Proposai - 7 -
Modified Proposal 
Article 6 Article 6 
1. Member States shall implement the laws, 
regulations and administrative provisions 
necessary to comply with this Directive by 31 
December 1992. or shall ensure that the social 
partners establish the necessary provisions 
through agreement, without prejudice to the 
obligation on the Member States to achieve th& 
results sought by this Directive. Unchanged 
2. Member States shall take the necessary measures 
to ensure that, for employment relationships 
which already exist when these provisions enter 
into force, the declaration for the employees 
referred to by this Directive is issued to them 
within six months of the date indicated in 
paragraph 1. 
3. When Member Stetes adopt these provisions, 
these shall contain a reference to this 
Directive, or shall be accompanied by such 
reference at the time of their official 
publication. The procedure for such reference 
shall be adopted by the Member States. 
4. Member States shall immediately inform the 
Commission of the measures adopted to comply 
with this Directive. 
Article 7 Article 7 
This Directive is addressed to the Member States. Unchanged 
Done at Brussels, For the Council 
The President 

ISSN 0254-1475 
COM(91) 294 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-91-345-EN-C 
ISBN 92-77-74826-5 
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