No C 224/4 Official Journal of the European Communities 8. 9. 90 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on certain employment relationships with regard to working 
conditions 
COM(90) 228 final 
(Submitted by the Commission on 29 June 1990) 
(90/C 224/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas recent recruitment patterns show a marked 
increase in part-time and/or temporary employment 
relationships; whereas this is a favourable development in 
so far as it meets the need for flexibility in the economy, 
notably among firms, in the context of job creation 
which is a priority in completing the internal market, and 
meets the aspirations of certain workers; whereas the 
need for these particular forms of employment cannot, 
therefore, be called into question; 
Whereas the provisions, laws, regulations, administrative 
measures and collective bargaining arrangements 
governing such employment relationships vary 
considerably from one Member State to another; 
Whereas part-time and/or temporary workers do not 
always enjoy within the undertaking treatment equal to 
that of other employees in respect of employment and 
working conditions; 
Whereas fixed-duration and part-time workers should 
have access to training under conditions comparable to 
those enjoyed by workers employed full-time for an 
indefinite duration; Whereas within the undertaking part-time, fixed-
duration and temporary employees should be taken into 
account when calculating the minimum threshold for 
setting up workers' representative bodies in accordance 
with the rules applicable in each Member State; 
Whereas the employer should inform in good time the 
workers' representative bodies which exist within the 
undertaking of his intention to use part-time and/or 
temporary workers; 
Whereas, in order to ensure that stable employment is 
adequately protected, reasons must be given whenever 
recourse is had to temporary work; 
Whereas the employees covered by this Directive should 
be informed in good time by the undertakings concerned 
whenever they recruit employees for full-time work of 
indefinite duration; 
Whereas employees of temporary employment businesses 
should not be precluded from recruitment by the under­
taking making use of their services; 
Whereas adequate national measures should be laid 
down in order to ensure that the contractual obligations 
of temporary employment businesses towards temporary 
employees are always fulfilled, even where the temporary 
employment business is unable to do so; 
Whereas seasonal workers should be ensured treatment 
equal to that of the other employees, account being 
taken of the specific nature of their work; 
Whereas the abovementioned principles are very difficult 
to apply in practice to employment relationships whose 
weekly duration is considerably shorter than the average 
statutory, collectively agreed or usual working hours; 
Whereas Title 1, point 7 of the Community Charter of 
the Fundamental Social Rights of Workers lays down 
that 'the completion of the internal market must lead to 
an improvement in the living and working conditions of 
8. 9. 90 Official Journal of the European Communities No C 224/5 
workers in the European Community. This process must 
result from an approximation of these conditions, as 
regards in particular forms of employment other than 
open-ended contracts, such as fixed-term contracts, 
part-time working, temporary work and seasonal work'; 
Whereas under Article 117 of the EEC Treaty the 
Member States agree upon the need to promote 
improved living and working conditions and an 
improved standard of living for workers, so as to make 
possible their harmonization while the improvement is 
being maintained, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive concerns the following employment 
relationships: 
(a) part-time employment relationships involving shorter 
working hours than statutory, collectively agreed or 
usual working hours; 
b) temporary employment relationships in the form of: 
— employment governed by a fixed-duration 
contract — including seasonal work — 
concluded directly between the employer and the 
employee, where the end of the contract is estab­
lished by objective conditions such as: reaching a 
specific date, completing a specific task or the 
occurrence of a specific event, 
— temporary employment covering any relationship 
between the temporary employment business 
which is the employer and its employee, where 
the latter has no contract with the undertaking 
where he performs his activities. 
2. This Directive shall apply to employed persons 
working in public and private undertakings. 
3. This Directive shall not apply to employed persons 
whose average weekly working time is less than eight 
hours. 
Article 2 
1. Employees covered by an employment relationship 
for part-time work and/or for a fixed duration shall 
enjoy access to vocational training initiated by the 
undertaking under conditions comparable to those 
enjoyed by workers employed in full-time employment 
of an indefinite duration, account being taken of the 
duration of work and the nature of the tasks to be 
carried out. 2. Employees covered by this Directive shall be taken 
into account, on the same footing as the other employees 
(and in proportion to the duration of their work), for the 
calculation of the threshold at which, within the under­
taking, national provisions require the setting up of 
workers' representative bodies within the undertaking. 
3. Where the employer intends to have recourse to 
employees covered by this Directive he shall inform in 
good time the workers' representative bodies existing 
within the undertaking. 
In undertakings with more than 1 000 employees a 
regular report shall be drawn up on this type of 
employment with regard to the development of the 
workforce as a whole. 
4. The employer shall state in the contract of 
temporary employment the grounds for recourse to this 
type of employment relationship. 
Article 3 
Employees covered by this Directive shall be entitled to 
enjoy the same treatment as workers employed in 
full-time employment of an indefinite duration as regards 
benefits in cash and in kind granted under social 
assistance schemes or under non-contributory social 
security schemes. 
Article 4 
Employees covered by this Directive shall have access 
within the undertaking to the social services normally 
made available to the other employees. 
Article 5 
Where the undertakings concerned recruit workers for 
full-time employment of an indefinite duration, they 
shall inform in good time the employees covered by this 
Directive so that consideration can be given to any 
applications they make. 
Article 6 
Member States shall take the appropriate measures to 
ensure that clauses prohibiting or preventing the 
conclusion of a contract of employment between the user 
undertaking and the employee of a temporary 
employment business are null and void or capable of 
being declared so. 
Article 7 
Member States shall take appropriate measures to ensure 
that the contractual obligations of the temporary 
employment business towards its temporary employee are 
fulfilled, notably with respect to the payment of 
No C 224/6 Official Journal of the European Communities 8. 9. 90 
remuneration and social security contributions, where 
that business cannot do so. 
Article 8 
This Directive shall apply to seasonal workers in so far 
as the special features of this form of work allow. 
Article 9 
This Directive shall not affect the right of the Member 
States to apply or introduce laws, regulations or adminis­
trative provisions more favourable to employees. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to adopt the measures intended 
to establish the internal market progressively during a 
period expiring on 31 December 1992; whereas 
completion of the internal market requires, inter alia, the 
elimination of distortions of competition and at the same 
time promotion of economic and social cohesion in the 
Community; 
Whereas recent recruitment patterns show a marked 
increase in part-time and/or temporary employment 
relationships; whereas this is a favourable development in 
so far as it meets the need for flexibility in the economy, 
notably among firms, in the context of job creation 
which is a priority in completing the internal market, and 
meets the aspirations of certain workers; whereas the Article 10 
Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive by 31 December 1992 at the latest. 
They shall forthwith inform the Commission thereof. 
The provisions adopted pursuant to the preceding 
paragraph shall make express reference to this Directive. 
Article 11 
This Directive is addressed to the Member States. 
need for these particular forms of employment cannot, 
therefore, be called into question; 
Whereas the provisions, laws, administrative measures 
and collective bargaining arrangements governing such 
employment relationships vary considerably from one 
Member State to another; 
Whereas this situation increases the dangers of distortion 
of competition resulting from certain differences in 
treatment between the undertakings of the Member 
States; 
Whereas these dangers of distortion of competition are 
particularly great in frontier areas; 
Whereas the freedom of movement for workers may be 
affected thereby; 
Whereas the Member States may leave it in the first 
instance to the two sides of industry to achieve the 
objectives set out in this Directive; whereas it is in that 
case for them to implement the necessary provisions to 
ensure its general application; 
Whereas the Member States are responsible for deter­
mining pay; whereas the bargaining autonomy of the 
two sides of industry should be respected; 
Whereas the differences in treatment concern mainly 
areas such as indirect costs resulting from social 
protection, indirect costs for benefits granted to workers Proposal for a Council Directive on certain employment relationships with regard to distortions 
of competition 
COM(90) 228 final — SYN 280 
(Submitted by the Commission on 29 June 1990) 
(90/C 224/05)