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) 
8. 9. 90 Official Journal of the European Communities No C 224/7 
in cash or in kind, indirect wage costs connected with 
contract duration and, in particular, rules on seniority 
such as entitlement to annual holidays, and entitlement 
to seniority and dismissal allowances; 
Whereas, on account of the differences noted, it is 
necessary to approximate the relevant national rules in 
order to eliminate the disparities which give rise to 
distortions of competition; 
Whereas, however, the approximation of national 
provisions is not appropriate for employment 
relationships whose weekly duration is considerably 
shorter than the average statutory, collectively agreed or 
usual working hours; 
Whereas, as regards the renewal of temporary 
employment contracts for a given job and the total 
period covered by successive employment contracts, 
there are differences in the laws of the Member States 
which provide, according to circumstances, for contracts 
to be renewed for up to 12 months, 24 months or 36 
months, or indefinitely, or set the duration of contracts 
concluded by temporary employment businesses at three 
months, or at 24 months, with possible renewal or for an 
indefinite period, 
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 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 employees whose 
average weekly working time is less than eight hours. 
Article 2 
Member States shall take the necessary measures to 
ensure that employees covered by this Directive are 
afforded, vis-d-vis employees employed full-time for an 
indefinite duration, social protection under statutory and 
occupational social security schemes rooted in the same 
foundations and the same criteria, account being taken 
of the duration of work and/or pay. 
Article 3 
Member States shall take the necessary measures to 
ensure that part-time workers are afforded the same 
entitlements to annual holidays, dismissal allowances and 
seniority allowances as full-time employees, in 
proportion to the total hours worked. 
Article 4 
With regard to temporary employment Member States 
shall take the necessary measures to ensure that: 
(a) national laws provide for a limit on the renewal of 
temporary employment relationships of a duration of 
12 months or less for a given job so that the total 
period of employment does not exceed 36 months; 
(b) provision is made for some form of equitable 
allowance, in the event of an unjustified break in the 
employment relationship before the term fixed. 
Article 5 
This Directive shall apply to seasonal workers in so far 
as the special features of this form of work allow. 
Article 6 
Member States shall comply with this Directive by 31 
December 1992 at the latest, by bringing into force the 
laws, regulations or administrative provisions necessary 
or by ensuring that the two sides of industry establish the 
necessary provisions through agreement, without 
prejudice to the obligation of the Member States to 
achieve the results to be obtained by this Directive. They 
shall forthwith inform the Commission of all the 
measures taken thereunder. 
The provisions adopted pursuant to the preceding 
paragraph shall make express reference to this Directive. 
Article 7 
This Directive is addressed to the Member States.