31. 1.91 Official Journal of the European Communities No C 24/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on a form of proof of an employment relationship 
COM(90) 563 final 
(Submitted by the Commission on 5 December 1990) 
(91/C 24/03) 
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 the development in the Member States of new 
forms of work has led to an increase in the number of 
types of employment relationship; 
Whereas, 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 trans­
parency in the labour market; 
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; 
Whereas it is necessary to establish at Community level 
the general requirement that every employee must be 
provided with a document constituting a form of proof 
of the main terms of his employment relationship with 
his employer; 
Whereas it is none the less necessary to maintain a 
certain degree of flexibility 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; 
Whereas the provision of a written declaration is super­
fluous 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, in order to protect the interests of employees 
with regard to obtaining a written declaration, 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; 
Whereas differences in the legislation of Member States 
may have a direct effect on the operation of the common 
market; 
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; 
Whereas Article 117 of the 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 main­
tained; 
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 for them to implement 
whatever provisions are necessary for its general 
application; 
Whereas it is appropriate to ensure that the obligations 
arising from this Directive are effectively implemented by 
the Member States, 
No C 24/4 Official Journal of the European Communities 31. 1.91 
HAS ADOPTED THIS DIRECTIVE: 
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 
1. 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. 
2. The declaration referred to in paragraph 1 shall 
contain the following main elements of information: 
— 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 appro­
priate, any supplementary scheme, 
— a reference to the collective agreements applicable. 
3. Employees shall receive written notification 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: 
— 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. 
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. 
Article 4 
This Directive shall not affect Member States' prero­
gative to apply or introduce laws, regulations or adminis­
trative provisions which are more favourable to 
employees. 
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. 
Article 6 
1. Member States shall implement the laws, regu­
lations 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 the results sought by 
this Directive. 
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 States 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 Member States. 
4. Member States shall immediately inform the 
Commission of the measures adopted to comply with this 
Directive. 
Article 7 
This Directive is addressed to the Member States.