Opinion of the Committee of the Regions on the 'Proposal for a Council Directive concerning the Framework Agreement on part-time work concluded by UNICE, the CEEP and the ETUC` (98/C 180/13)

THE COMMITTEE OF THE REGIONS,

having regard to the Commission's decision, under Article 3 of the Protocol on Social Policy annexed to the Treaty establishing the European Communities to ask the social partners to what extent they wished to address the issue of part-time work/atypical work;

having regard to the tripartite framework agreement on part-time work concluded on 6 June 1997 by UNICE, the CEEP and the ETUC;

having regard to the Commission's proposal of 27 July 1997 () to upgrade the tripartite agreement into an EU directive;

having regard to the Presidency's conclusions at the Amsterdam Summit held on 16 and 17 June 1997;

having regard to its decision of 26 November 1997, under Article 198C, fourth paragraph, of the Treaty establishing the European Community to issue an opinion on this matter and to instruct Commission 8: Economic and Social Cohesion, Social and Labour Market Questions to draw up that opinion;

having regard to the draft opinion (CdR 398/97 rev.) adopted by Commission 8 on 27 November 1997 (rapporteurs: Ms U. Ollander and Mr S. Andersen),

adopted the following opinion at its plenary session on 12 and 13 March 1998 (meeting of 12 March).

1. Introduction

The agreement on part-time work sprang from the Commission proposal of 16 August 1990, which was inter alia incorporated in the Commission Action Programme for implementing the Community Charter of the Fundamental Social Rights of Workers.

The original proposal contained: (i) a draft directive on working conditions related to certain terms of employment, (ii) a draft directive, which was subsequently adopted, on measures to improve industrial health and safety for part-timers and (iii) a proposal on competition distortions linked to certain conditions of employment.

The Commission proposal was redrafted by the new Belgian Presidency and submitted to the Council for discussion as a draft directive on atypical conditions of employment. The draft was not adopted. The subsequent German Presidency reworked the Belgian draft and tabled a new compromise proposal, which was not adopted either.

No real progress was achieved until the Commission consulted the European-level social partners (CEEP, UNICE and ETUC) under Article 3 of the Protocol on Social Policy annexed to the Treaty establishing the European Communities.

The social partners addressed the issue and reopened negotiations within the nine-month deadline stipulated in Article 3(4) of the Protocol.

2. How the negotiations were pursued

Given the substantial economic interests involved in negotiations on working conditions for part-timers, the social partners were, not surprisingly, unable to conclude their work within the nine-month deadline.

The partners therefore requested a further extension which was granted by the Commission.

In mid-April 1997, the partners reached a consensus and the agreement was signed on 6 June 1997, after it had been endorsed by the competent bodies in the three organizations.

3. The Framework Agreement's objectives

The agreement is designed: a) to pave the way for abolishing discrimination against part-time workers and b) to improve the quality of part-time work. It also seeks to facilitate the expansion of voluntary part-time working and to encourage flexitime in keeping with the needs of both employers and workers.

4. The Agreement's scope

The agreement applies to part-time workers as defined under national practice.

5. The Agreement's content

Non-discrimination and genuine possibilities for part-time work are the main planks of the agreement.

The agreement thus makes a significant contribution to improving the position of women on the labour market. It constitutes a step towards equality of opportunity by making part-time work a real possibility for an extremely high number of women wishing to enter the labour market.

The fact that it is an outline agreement emphasizes the scope for adjusting it to actual labour market conditions at local and regional level.

6. Summary and conclusions

This second European agreement between European-level social partners contributes significantly to improving efficiency on the labour market. It reflects the delicate balance between the interests of employers and workers, a balance which we must be careful not to destroy.

Despite our sympathy with calls from some quarters for improvements for part-time workers, e.g. in the area of pensions, we must respect the agreement as it stands if we wish to continue developing the labour market on the basis of agreements.

The European labour market differs considerably from its American and Japanese counterparts. But the demand for efficiency and productivity is echoed throughout all labour markets in a globalized world economy.

The European labour market can develop positively and effectively on the basis of agreements. The outline agreement must therefore be welcomed as a constructive contribution to local and regional expansion.

The municipal, local and regional authorities are all substantial players on the European labour market, since they employ a large proportion of part-time workers. It is therefore decisive, but also extremely positive, that the agreement is a framework agreement.

The agreement gives the regional, local and municipal authorities the opportunity to make their labour markets more efficient and to make adjustments designed to boost employment.

Stability of employment is contingent on an efficient economy capable of maintaining and expanding the number of jobs. An effective economy needs to be tuned to regional and local conditions and any financial costs should be dealt with in the normal manner, in the individual Member States.

The new framework agreement on part-time work is an important step in this direction. The Committee of the Regions therefore endorses it.

Brussels, 12 March 1998.

The Chairman of the Committee of the Regions

Manfred DAMMEYER

() COM(97) 392 final.