COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 31.01.1996 
COM(96) 26 final 
96/0033 (PRT) 
Proposal for a 
COUNCIL DIRECTIVE 
on the framework agreement on parental leave concluded by 
UNICE, CEEP and the ETUC 
I'' (presented by the Commission) 
m-

EXPLANATORY MEMORANDUM 
Introduction 
1. Reconciling working and family life is a key element in equal opportunities policy. 
Since the beginning of the '80s, it has been one of the Commission's priorities in this 
area. On 24 November 1983 the Commission submitted a proposal for a 
Council Directive on parental leave and leave for family reasons0}. The aim of this 
proposal was to grant to workers the right to a minimum period of leave following the 
birth or adoption of a child. It also provided for leave for other family reasons. 
2. The Economic and Social Committee gave its opinion on 24 May 1984. The 
European Parliament gave its opinion on 30 March 1984, proposing 17 amendments to 
the Commission's proposal. In accordance with Article 149 of the Treaty, the 
Commission submitted an amended proposal(2) to the Council on 15 November 1984, 
incorporating some of the amendments proposed by Parliament. 
3. This proposal was discussed in the Council and by the Ministers themselves on various 
occasions between 1985 and 1994, but the unanimity required in accordance with the 
legal basis (Article 100) was not obtained. Despite in-depth discussions within the 
Council and the broad consensus which emerged particularly clearly in 1993, the 
proposal was not adopted. 
4. In addition to submitting this proposal, the Commission has stressed the key role 
conciliation can play in effectively promoting equal opportunities at work, in a series 
of texts submitted over the past ten years. Many of these initiatives were supported by 
the Council of Ministers(3). 
5. In July 1994 the Commission published the White Paper on the future of 
European social policy, in which it reiterates its desire to make progress in this area and 
indicates in Chapters 3 and 5 that it will examine the possibility of a framework 
directive on conciliation, providing for career breaks such as parental leave. The aim of 
the proposal would be to encourage people to devise new models catering better for the 
needs of European society and to enable women to be integrated fully into the labour 
market. 
6. As no progress had been made in the Council, the Commission decided to initiate the 
procedure under Article 3 of the Agreement on Social Policy. On 22 February 1995 it 
therefore gave its approval for consultation of the social partners under Article 3(2) of 
the said Agreement on the basis of a text which retraced the steps of the Commission's 
conciliation policy and examined it from various points of view. At the end of a 
consultation period of six weeks, the Commission received 17 responses. 
(i) 
(2) 
(3) COM(83) 686 final. 
COM(84)631 final. 
For example, point 16 of the Community Charter of Fundamental Social Rights for 
Workers, the Third medium-term action programme on equal opportunities for men and 
women, 1991 to 1995 and the Council Recommendation of 31 March 1992 on child care 
(OJ No L 123, 8.5.1992, p 16). 
7. The social partners' responses showed that there was a consensus on the need for action 
on conciliation in one form or another in accordance with the guidelines in the 
Commission's first document. The social partners came out very clearly in support of 
promotion of equal opportunities for men and women. As regards the proper form and 
level for action to be undertaken in this area, it was generally acknowledged that a 
Community initiative might be what was needed. At the very least, a Community text 
might recommend various measures and standards, and a binding Community framework 
measure was also suggested to establish guidelines which could be implemented at 
national, local or enterprise level. Many of the responses also recommended that the 
social partners play an active role in drafting the principles and in putting them into 
practice through collective negotiations. 
8. After analysing the reactions to its document, the Commission decided to initiate the second 
round of consultation provided for under Article 3(3) of the Agreement on Social Policy. 
On 5 July three organizations (UNICE, CEEP and the ETUC) announced their intention of 
starting negotiations on this matter and, in particular, on parental leave. At the end of these 
negotiations, the three organizations concluded a framework agreement on 14 December. 
At the same time they forwarded the Agreement to the Commission, asking for it to be 
implemented by a Council decision on a proposal from the Commission in accordance with 
Article 4(2) of the Agreement on Social Policy. 
Examination of the Agreement 
9. In its Communication concerning the application of the Agreement on Social Policy(4), 
the Commission stressed that "by virtue of its role as guardian of the Treaties the 
Commission will prepare proposals for decisions to the Council following consideration 
of the representative status of the contracting parties, their mandate and the "legality" 
of each clause in the collective agreement in relation to Community law, and the 
provisions regarding small and medium-sized undertakings set out in Article 2(2). At all 
events, the Commission intends to provide an explanatory memorandum on any proposal 
presented to the Council in this area, giving its comments and assessment of the 
agreement concluded by the social partners". 
(i) Representative status of the contracting parties and their mandate 
10. The organizations which are parties to the Agreement are UNICE, CEEP and the ETUC. 
These three organizations have, since 1985, committed themselves to an autonomous and 
voluntary process known as the "Val Duchesse" social dialogue. This has given rise to 
14 joint opinions, two recommendations and two agreements. They concluded a 
significant agreement in October 1991 which was designed to define the role and 
position of social dialogue in the new Community framework. Articles 3 and 4 of the 
Agreement on Social Policy are largely inspired by this Agreement. 
11. The three organizations all fulfil the following criteria defined in the Communication 
from the Commission (point 24): 
they are cross-industry and are organized at European level; 
they consist of organizations which are themselves an integral and recognized part 
of Member State social partner structures, have the capacity to negotiate 
agreements and are representative of all Member States; 
they have adequate structures to ensure their effective participation in 
implementing the Agreement on Social Policy. 
(4) COM(93) 600 of 14 December 1993. 
12. These three organizations are the only three general cross-industry organizations within 
the meaning of Annex 2 to the Communication from the Commission. The study on the 
social partners annexed to the Communication arrives at several conclusions with regard 
to the representative status of employers' and trade union organizations: 
Employers' organizations 
12.1 The employers' federation which is most representative of all the industrial sectors and 
the categories of enterprises is UNICE. In all the Member States the organizations 
affiliated to the UNICE are by far the most representative cross-industry employers' 
federations. All the affiliated organizations at national level are directly or indirectly 
involved in collective bargaining and participate in the International Labour Conference. 
CEEP provides significant representation of public enterprises or enterprises with public 
participation in the Member States. 
Trade union organizations 
12.2 By far the most representative general cross-industry trade union confederation is the 
ETUC. Its affiliated organizations are the most representative cross-industry trade union 
confederations in all the Member States. All its affiliated organizations at national level 
are directly or indirectly involved in collective bargaining and participate in the 
International Labour Conference. 
13. The Commission notes that the members of these three organizations at national 
level have given them a specific mandate for negotiations on parental leave and have 
ratified the framework agreement. The three organizations have concluded the 
framework agreement on behalf of their national members. 
14. The Commission concludes that these three organizations fulfil the condition of 
representativeness which it had undertaken to verify before forwarding its proposal. 
However, the Commission has forwarded the framework agreement to all the 
organizations which it had previously consulted or informed, and has organized a 
meeting for exchange of information with them. Certain organizations have contested 
the representative status of contracting parties and maintained that the agreement does 
not take into account the interests of certain sectors or categories of enterprises. On the 
contrary, other organizations have underlined the flexible character of the provisions of 
the agreement that will allow account to be taken, when transposing it into national law, 
of the specific needs of some sectors or sub-sectors. 
(ii) "Legality" of the clauses of the agreement 
15. The Commission has carefully examined each of the clauses of the 
framework agreement and does not find any provisions contrary to Community law in 
the main clauses thereof (Clauses 1, 2 and 3). The fact that the agreement provides for 
obligations on the Member States does not prevent it from being legal. On thé contrary, 
it follows from the second declaration annexed to the Agreement on Social Policy(5) that 
the second of the arrangements for application of the agreements between management 
and labour at Community level is likely to create obligations for the Member States. The 
obligations imposed on Member States do not derive directly from the agreement 
(5) "The 11 High Contracting Parties declare that the first of the arrangements for 
application of the agreements between management and labour at Community level -
referred to in Article 4(2) - will consist in developing, by collective bargaining 
according to the rules of each Member State, the content of the agreements, and that 
consequently this arrangement implies no obligation on the Member States to apply the 
agreements directly or to work out rules for their transposition, nor any obligation to 
amend national legislation in force to facilitate their implementation." 
between the social partners but from the arrangement for applying the agreement. 
Paragraph (iv) contains the Commission's assessment of the content of the agreement. 
16. Clause 4 regarding the procedural rules for applying the agreement is different. Without 
amending these rules, the Commission is obliged to propose to the Council, in the text 
of its proposed legislation, the provisions which will be necessary to ensure that the 
social partners' framework agreement is applied in practice by the Member States in 
accordance with Community law. 
(iii) Respect for provisions regarding small and medium-sized undertakings 
17. Article 2(2) of the Agreement on social policy provides that legislation on social policy 
shall avoid imposing administrative, financial and legal constraints in a way which 
would hold back the creation and development of small and medium-sized undertakings. 
18. Special consideration was given to the specific situation of SMUs when the 
framework agreement was drawn up. There are two explicit references to them: 
General Considerations, 12. "Whereas this agreement takes into consideration the 
need to improve social policy requirements, to enhance 
the competitiveness of the Community economy and to 
avoid imposing administrative, financial and legal 
constraints in a way which would hold back the 
creation and development of small and medium-sized 
undertakings." 
Clause 2.3.f: "Member States and/or Social Partners may, in 
particular, ... authorize special arrangements 
to meet the operational and organizational requirements 
of small undertakings". 
19. The agreement ensures that the special situation of SMUs is taken into consideration, 
explicitly authorizing the Member States and/or social partners to make special 
arrangements for them. 
20. In addition, other provisions of the framework agreement, without explicitly mentioning 
SMUs, enable national provisions to be taken which take account of their special 
situation. This is true of the following: 
Clause 2.3.a "Member States and/or Social Partners may, in 
particular ... decide whether parental leave is granted on 
a full-time or part-time basis, in a fragmented way or in 
the form of a time-credit system," 
Clause 2.3.e "Member States and/or Social Partners may, in 
particular ...define the circumstances in which the 
employer ... is allowed to postpone the granting of 
parental leave for justifiable reasons relating to the 
operation of the enterprise". 
These two provisions show that the social partners are keen to encourage new, flexible 
ways of organizing work and time which are better suited to the changing needs of 
society and which should take the needs of both the enterprises and the workers into 
account (General Considerations, 6). 
21. The Commission therefore concludes that the framework agreement complies with the 
provisions concerning SMUs. In drawing it up, the social partners provided scope for 
the special circumstances of SMUs to be taken into account, particularly when the 
agreement is being transposed into national law. 
(iv) Assessment of the agreement 
22. The Commission considers parental leave to be an important factor in reconciling family 
and working life. It also constitutes an important element in the introduction of new, 
flexible ways of organizing work and time. As a result, the Commission asked the 
social partners for their reactions to this more broadly based approach. 
23. The Commission wholeheartedly endorses the aims of the social partners' 
framework agreement and sees it as an important step in two respects. 
24. First, minimum standards with regard to parental leave are a big step forward in 
achieving equal opportunities for men and women. Sharing of family responsibilities 
between parents is a key element in the strategies designed to improve equality in the 
labour market. It is also likely to increase the number of women in work. Reconciling 
working and family life must be part of a long-term strategy to increase the number of 
women in the working population. The Essen European Council in December 1994 gave 
top priority to promoting employment and equal opportunities. This was confirmed by 
the European Councils of Cannes and Madrid. 
25. Secondly, the introduction of parental leave also contributes to realizing another 
objective set by the European Council in Essen - the introduction of new, flexible ways 
of organizing work. Such flexibility must meet the needs of enterprises which, faced 
with international competition, have to increase their competitiveness. It must also take 
account of the interests of workers by enabling them to tailor their working hours more 
closely to their needs. An agreement between the social partners on this matter as a 
result of negotiations between employers and workers is the right vehicle for reconciling 
the interests of the two parties. 
26. The Commission considers that all the conditions are fulfilled for a proposal for the 
framework agreement between the social partners to be implemented by a 
Council decision. 
The Commission's proposal 
27. In its Communication of 14 December, the Commission stated that "implementing an 
agreement concluded at Community level by means of a Council decision on a proposal 
from the Commission at the joint request of the social partners would give the Council 
no opportunity to amend the agreement. For this reason, the Commission will merely 
propose, following examination of the agreement between the social partners, the 
adoption of a decision on the agreement as concluded". 
28. The Commission also took the view that "the Council decision must be limited to 
making binding the provisions of the agreement concluded between the social partners, 
so the text of the agreement would not form part of the decision but would be annexed 
thereto". 
29. Finally, the Commission announced that "if the Council decides, in accordance with the 
procedure set out in the last subparagraph of Article 4(2), not to implement the 
agreement as concluded by the social partners, the Commission will withdraw its 
proposal for a decision and will examine, in the light of the work done, whether a 
legislation instrument in the area in question would be appropriate". 
30. Hence, the Commission has not incorporated the text of the agreement in its proposal 
but simply annexed it thereto. Moreover, it reiterates that, if the Council amends the 
agreement concluded between the social partners, it will withdraw its proposal. 
(i) Legal basis 
31. Article 4(2) of the Agreement on Social Policy provides that "agreements concluded at 
Community level shall be implemented, in matters covered by Article 2, at the joint 
request of the signatory parties, by a Council decision on a proposal from the 
Commission". The agreement on parental leave relates to equal opportunities for men 
and women in the labour market and equal treatment at work, which come under 
Article 2(1) of the Agreement on Social Policy. This is one of the areas where the 
Council may act by a qualified majority. As a result Article 4(2) is the proper 
legal basis for the Commission's proposal. 
32. That Article does not provide for consultation of the European Parliament on requests 
addressed to the Commission by the social partners. In accordance with the undertaking 
in its Communication, the Commission has kept the Parliament informed about the 
various phases of consultation of the social partners. It is also forwarding this proposal 
to the Parliament so that it can deliver its opinion to the Commission and the Council 
if it so wishes. The same applies to the Economic and Social Committee. 
(ii) The form the instrument is to take 
33. The term "decision" within the meaning of Article 4(2) of the Agreement on 
Social Policy refers to one of the binding legislative instruments under Article 189 of 
the Treaty. It is up to the Commission to propose to the Council the most appropriate 
of the three binding instruments under the said Article (regulation, directive or decision). 
In this case, given the nature (framework agreement) and the content of the 
social partners' document, it is clear that the framework agreement is intended to he 
applied indirectly by means of provisions to be transposed into national law by the 
Member States or the social partners. Hence, in that case, the most suitable instrument 
for its application is a Council directive. Moreover, in accordance with the undertakings 
it has given, the Commission considers that the text of the agreement should not be part 
of the decision but should be annexed thereto. 
34. The Commission's comments on the Articles in its proposal are given below: 
Article 1 
34.1 This Article confines itself to making the framework agreement between the 
social partners obligatory in order to enable it to be implemented by a Council decision 
under Article 4(2) of the Agreement on Social Policy. 
Articles 2 and 3 
34.2 These Articles contain the usual provisions for transposai into the national law of the 
Member States. More particularly, Article 2(1) says that the provisions of the Directive 
only prescribe minimum requirements, giving Member States the possibility of adopting 
stricter measures in the relevant field. 
34.3 Article 2(2) consists of a "non-regression" clause that affects Member States having, at 
the time of the adoption of the Directive, a higher level of protection than the one 
guaranteed by the framework agreement attached to it. This clause concerns the 
non-regression of the workers' general level of protection on grounds of the adoption of 
the Community Directive. However, it offers Member States the possibility of adopting 
different measures required by their economic and social policies, subject to observance 
of the minimum requirements prescribed by the framework agreement. It is clear in all 
the circumstances that the room for manoeuvre of Member States covers only the level 
of protection higher than the one guaranteed by the Directive. 
34.4 Article 2(3) is a non-discrimination clause in accordance with the undertaking given by 
the Commission in its Communication(6) on racism, xenophobia and antisemitism. In this 
connection, the solemn declaration adopted by the social partners in Florence in 
October 1995 on the prevention of racial discrimination and xenophobia and the 
promotion of equal opportunities at work should also be borne in mind. 
34.5 Article 2(4) obliges Member States to provide penalties which are effective, 
commensurate with the infringement and constitute a sufficient deterrent. Indeed, when 
applying Community law, it is necessary, as in every legal system, on the one hand, that 
those bearing obligations resulting from this law are dissuaded from infringing it and, 
on the other hand, that those who do not respect Community law are duly penalized. 
Justification of the Directive in respect of subsidiarity 
35. The proposal for a Council Directive concerning the framework agreement on parental 
leave concluded by UNICE, CEEP and CES complies with the principle of subsidiarity 
as regards its two criteria, namely the necessity and proportionality as laid down in 
Article 3(b) of the Maastricht Treaty. 
36. The first criterion, namely the need to undertake Community action, is justified by the 
fact that social partners, within the framework of the procedure provided for in Article 3 
of the Agreement on Social Policy, have agreed that it is necessary to undertake action 
at Community level and they have requested the implementation of their agreement 
which has been concluded at Community level, through a Council decision based upon 
a proposal from the Commission, pursuant to Article 4(2) of that agreement. Moreover, 
it should be noted that "parental leave" forms part of the measures which allow men and 
women to reconcile their professional and family responsibilities with a view to 
promoting the equality of opportunities, which has been acknowledged as being of major 
importance at the European Council held in Essen in December 1994. 
37. The Council Directive corresponds to the requirement of proportionality in so far as it 
only defines the major objectives to be attained by Member States, while allowing 
social partners and not the Community to fix its content. 
Conclusion 
38. The Council is requested to adopt the proposal for a Directive on the 
framework agreement on parental leave concluded by UNICE, CEEP and the ETUC. 
(6) COM(95) 653 final of 13 December 1995. 
8 
Proposal for a 
COUNCIL DIRECTIVE 
on the framework agreement on parental leave concluded by 
UNICE, CEEP and the ETUC 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Agreement on Social Policy annexed to the Protocol (No 14) on 
Social Policy, annexed to the Treaty establishing the European Community and, in particular, 
Article 4(2) thereof, 
Having regard to the proposal from the Commission(1), 
Whereas on the basis of the Protocol on Social Policy annexed to the Treaty establishing the 
European Community, the Member States, with the exception of the United Kingdom of 
Great Britain and Northern Ireland (hereinafter referred to as "the Member States"), wishing 
to implement the Social Charter of 1989, have concluded an agreement on social policy, 
Whereas management and labour (the social partners) may, in accordance with Article 4(2) 
of the Agreement on Social Policy, request jointly that agreements at Community level be 
implemented by a Council decision on a proposal from the Commission; 
Whereas point 16 of the Community Charter of the Fundamental Social Rights of Workers, 
dealing with equal treatment for men and women, provides inter alia that "measures should 
also be developed enabling men and women to reconcile their occupational and family 
obligations"; 
Whereas the Council, despite the existence of a broad consensus amongst the majority of the 
Member States, has not been able to act on the proposal for a Council Directive on 
parental leave and leave for family reasons(2), as amended(3), on 15 November 1984; 
Whereas the Commission, in accordance with Article 3(2) of the Agreement on Social Policy, 
consulted management and labour on the possible direction of Community action with regard 
to reconciling occupational and family life; 
Whereas the Commission, considering after such consultation that Community action was 
desirable, once again consulted management and labour on the substance of the envisaged 
proposal in accordance with Article 3(3) of the said Agreement; 
Whereas the general cross-industry organizations (UNICE, CEEP and the ETUC) informed 
the Commission in their joint letter of 5 July 1995 of their desire to initiate the procedure 
provided for by Article 4 of the said Agreement; 
Whereas those cross-industry organizations have concluded, on 14 December 1995, a 
framework agreement on parental leave; whereas they have forwarded to the Commission their 
joint request to implement the framework agreement on parental leave by a Council decision 
on a proposal from the Commission, in accordance with Article 4(2) of the said Agreement; 
0) 
(2) 
(3) OJNoC 
OJNoC 333, 9.12.1983, p. 6. 
OJNoC 316, 27.11.1984, p. 7. 
Whereas the Council, in its Resolution of 6 December 1994 on certain aspects for a 
European Union social policy, a contribution to economic and social convergence in the 
Union(4), asked management and labour to make use of the opportunities for concluding 
agreements, since they are as a rule closer to social reality and to social problems; whereas 
in Madrid the members of the European Council from those States which had signed the 
Agreement annexed to the Protocol on Social Policy welcomed the conclusion of this 
framework agreement; 
Whereas the proper instrument for implementing the framework agreement is a directive 
within the meaning of Article 189 of the Treaty; whereas it therefore binds the Member States 
as to the result to be achieved, whilst leaving them the choice of form and methods; 
Whereas, in accordance with the principles of subsidiarity and proportionality as set out in 
Article 3(b) of the Treaty, the objectives of this Directive cannot be sufficiently achieved by 
the Member States and can therefore be better achieved by the Community; whereas this 
Directive limits itself to the minimum required for the attainment of those objectives and does 
not go beyond what is necessary for that purpose; 
Whereas the Commission has dratted its proposal for a Council Directive, taking into account 
the representative status of the contracting parties, their mandate and the legality of each 
clause of the framework agreement, and compliance with the relevant provisions concerning 
small and medium-sized undertakings; 
Whereas the Commission, in accordance with its Communication concerning the 
application of the Agreement on Social Policy, informed the European Parliament by sending 
it the text of the agreement, accompanied by its proposal for a Directive and the 
Explanatory Memorandum; 
Whereas the Commission also informed the Economic and Social Committee by sending it the 
text of the Agreement, accompanied by its proposal for a Directive and the 
Explanatory Memorandum; 
Whereas the provisions of this Directive should lay down minimal requirements, thus giving 
Member States the option of introducing more favourable provisions; 
Whereas the implementation of this Directive should not serve to justify any regression in 
relation to the situation which already exists in every Member State; 
Whereas the Community Charter of the Fundamental Social Rights of Workers recognizes the 
importance of the fight against all forms of discrimination, especially based on sex, colour, 
race, opinions and creeds; whereas the Commission adopted on 13 December 1995 a 
Communication^ on racism, xenophobia and antisemitism; whereas management and labour 
adopted a solemn declaration on the prevention of racial discrimination and xenophobia and 
promotion of equal opportunities at work in Florence in October 1995; 
Whereas, in keeping with Article 5 of the Treaty, Member States should take all measures 
necessary to safeguard the scope and the efficiency of Community law, and should in 
particular, in the event of infringement, determine penalties which are effective and 
commensurate with it and which constitute a sufficient deterrent; 
Whereas a Member State may entrust management and labour, at their joint request, with the 
implementation of this Directive, as long as that Membr State takes all the necessary steps 
to ensure that it can at all times guarantee the results imposed by this Directive; 
(4) OJ No C 368, 23.12.1994, p. 6. 
(5) COM(95) 653 final. 
10 
Whereas the implementation of the framework agreement contributes to achieving the 
objectives under Article 1 of the Agreement on Social Policy; 
Whereas parental leave is a matter relating to equal opportunities at work under Article 2(1) 
of the said Agreement; whereas the Council is therefore acting by a qualified majority, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The framework agreement on parental leave concluded on 14 December 1995 between the 
general cross-industry organizations (UNICE, CEEP and the ETUC) and annexed to this 
Directive is made binding. 
Article 2 
1. Member States may introduce more favourable provisions than those laid down in 
this Directive. 
2. The implementation of this Directive shall not in any case constitute sufficient grounds 
to justify a reduction in the general level of protection of workers in the fields covered 
by this Directive; this shall be without prejudice to the rights of Member States and/or 
management and labour to lay down, in the light of changing circumstances, different 
legislative, regulatory or contractual arrangements to those prevailing at the time of 
adoption of this Directive, provided always that the minimum requirements laid down 
in this Directive are adhered to. 
3. When Member States adopt the provisions to implement this Directive, these shall 
prohibit any discrimination based on race, sex, sexual orientation, colour, religion or 
nationality. 
4. Member States shall determine the range of penalties applicable for infringements of 
national provisions made in implementation of this Directive and shall take all necessary 
steps to ensure that they are enforced. The penalties must be effective, commensurate 
with the infringement, and must constitute a sufficient deterrent. Member States shall 
notify these provisions to the Commission by the date mentioned in paragraph 5 at the 
latest, and any subsequent amendment thereto in good time. 
5. Member States shall bring into force the laws, regulations and administrative provisions 
necessary to comply with this Directive by [31 March 1998] at the latest or shall ensure 
that, by that date at the latest, management and labour have introduced the necessary 
measures by agreement, the Member States being required to take any necessary 
measures enabling them at any time to be in a position to guarantee the results imposed 
by this Directive. They shall forthwith inform the Commission thereof. 
Member States may have a maximum of one more year, if this is necessary, to take 
account of special difficulties or implementation by a collective agreement. They shall 
inform the Commission forthwith in such circumstances. 
When Member States adopt the provisions referred to in the first paragraph, 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. 
11 
Article 3 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
The President 
12 
ANNEX 
FRAMEWORK AGREEMENT ON PARENTAL LEAVE 
PREAMBLE 
The enclosed framework agreement represents an undertaking by UNICE, CEEP and the 
ETUC to set out minimum requirements on parental leave, as an important means of 
reconciling professional and family responsibilities and promoting equal opportunities and 
treatment between m«n and women. 
ETUC, UNICE and CEEP request the Commission to submit this framework agreement to the 
Council for a Council decision making thtse requirements binding in the Member States of 
the European Community with the exception of the United Kingdom of Great Britain and 
Northern Ireland. 
General Considérai*» 
1. Having regard to the Agreement on Social Policy annexed to the Protocol on 
Social Policy attached to the Treaty establishing the European Community and in 
particular Articles 3(4) and 4(2) thereof, 
2. Whereas Article 4(2) of the Agreement on Social Policy provides that agreements 
concluded at Community level shall be implemented, at the joint request of the 
signatory parties, by a Council decision on a proposal from the Commission; 
3. Whereas the Commission has announced its intention to propose a Community 
measure on the reconciliation of work and family life; 
4. Whereas the Community Charter of fundamental social rights stipulates at point 16 
dealing with equal treatment for men and women, that measures should be 
developed to enable men and women to reconcile their occupational and family 
obligations; 
5. Whereas the Resolution of the Council of 6 December 1994 recognizes that an 
effective policy of equal opportunities presupposes an integrated, overall strategy 
allowing for better organization of working hours and greater flexibility, and for 
an easier return to working life, and notes the important role of the Social Partners 
in this area and in offering both men and women an opportunity to reconcile their 
work responsibilities with family obligations; 
6. Whereas measures to reconcile work and family life should encourage the 
introduction of new flexible ways of organizing work and time which are better 
suited to the changing needs of society and which should take the needs of both 
the enterprises and the workers into account; 
7. Whereas family policy should be looked at in the context of demographic changes, 
the effects of the ageing population, closing generation gap and promoting 
women's participation in the labour force; 
8. Whereas men should be encouraged to assume an equal share of family 
responsibilities, for example they should be encouraged to take parental leave by 
means such as awareness programmes; 
13 
9. Whereas this agreement is a framework agreement setting out minimum 
requirements and provisions for parental leave, distinct from maternity leave, and 
for time off from work on grounds of force majeure, and refers back to 
Member States and Social Partners for the establishment of the conditions for 
access and modalities of application in order to take account of the situation in 
each Member State; 
10. Whereas Member States should provide for the maintenance of entitlements to 
benefits in kind under sickness insurance during the minimum period of 
parental leave; 
11 Whereas Member States should also, where appropriate under national conditions 
and taking into account the budgetary situation, consider the maintenance of 
entitlements to relevant social security benefits as they stand during the minimum 
period of parental leave; 
12. Whereas this Agreement takes into consideration the need to improve social policy 
requirements, to enhance the competitiveness of the Community economy and to 
avoid imposing administrative, financial and legal constraints in a way which 
would hold back the creation and development of small and 
medium-ized enterprises; 
13. Whereas the Social Partners are best placed to find solutions that correspond to 
the needs of both employers and workers and shall therefore be conferred a special 
role in the implementation and application of this agreement. 
THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING: 
II. Content 
Clause 1: Purpose and scope 
1. This agreement lays down minimum requirements designed to facilitate the 
reconciliation of parental and professional responsibilities for working parents. 
2. This agreement applies to all workers, men and women, who have an employment 
contract or employment relationship as defined by the law, collective agreement 
or practice in force in each Member State. 
Clause 2: Parental leave 
1. This agreement entitles, subject to clause 2.2, men and women workers to an 
individual right to parental leave on the grounds of the birth or adoption of a child 
to enable them to take care of that child, for at least three months, until a given 
age of up to eight years to be defined by Member States and/or Social Partners. 
2. To promote equal opportunities and equal treatment between men and women, the 
parties to this agreement consider that the right to parental leave provided for 
under clause 2.1 should, in principle, be granted on a non-transferable basis. 
3. The conditions for access and modalities of application of parental leave shall be 
defined by law and/or collective agreement in the Member States, as long as the 
minimum requirements of this agreement are respected. Member States and/or 
Social Partners may, in particular: 
(a) decide whether parental leave is granted on a full-time or part-time basis, in 
a fragmented way or in the form of a time-credit system; 
14 
(b) make entitlement to parental leave subject to a period of work qualification 
and/or a length of service qualification which shall not exceed one year; 
(c) adjust conditions for access and modalities of application of parental leave 
to the special circumstances of adoption; 
(d) establish notice periods to be given by the worker to the employer when 
exercising the right to parental leave specifying the beginning and the end 
of the period of leave; 
(e) define the circumstances in which an employer, following consultation in 
accordance with national law, collective agreements and practices, is allowed 
to postpone the granting of parental leave for justifiable reasons related to 
the operation of the undertaking (e.g. where work is of a seasonal nature, 
where a replacement cannot be found within the notice period, where a 
significant proportion of the workforce applies for parental leave at the same 
time, where a specific function is of strategic importance). Any problem 
arising from the application of this provision should be dealt with in 
accordance with national law, collective agreements and practices; 
(f) in addition to (e) above, authorize special arrangements to meet the 
operational and organizational requirements of small undertakings. 
4. In order to ensure that workers can exercise their rights to parental leave, 
Member States and/or Social Partners shall take the necessary measures to protect 
workers against dismissal on the grounds of an application for, or the taking of, 
parental leave in accordance with national law, collective agreements or practice. 
5. At the end of parental leave, workers shall have the right to return to the same 
job, or, if that is not possible, to an equivalent or similar job consistent with their 
employment contract or employment relationship. 
6. Rights acquired or in the process of being acquired by the worker on the date on 
which parental leave starts shall be maintained as they stand until the end of 
parental leave. At the end of parental leave, these rights, including any changes 
arising from national law, collective agreements or practice, shall apply. 
7. Member States and/or Social Partners shall define the status of the employment 
contract or employment relationship for the period of parental leave. 
8. All matters relating to social security in relation to this agreement are for 
consideration and determination by Member States according to national law, 
taking into account the importance of the continuity of the entitlements to social 
security cover under the different schemes, in particular health care. 
Clause 3: Time-off from work on grounds of force majeure 
1. Member States and/or Social Partners shall take the necessary measures to entitle 
workers to time-off from work, in accordance with national legislation, collective 
agreements and/or practice, on grounds of force majeure for urgent family reasons 
in cases of sickness or accident making the immediate presence of the worker 
indispensable. 
2. Member States and/or Social Partners may specify the conditions for access and 
modalities of application of clause 3.1 and limit this entitlement to a certain 
amount of time per year and/or per case. 
15 
Clause 4: Final provisions 
1. Member States can maintain or introduce more favourable provisions than set out 
in this agreement. 
2. Implementation of the provisions of this agreement shall not constitute valid 
grounds for reducing the general level of protection afforded to workers in the 
field of this agreement. This does not prejudice the right of Member States and/or 
Social Partners to develop different legislative, regulatory or contractual 
provisions, in the light of changing circumstances (including the introduction of 
non-transferability), as long as the minimum requirements provided for in this 
agreement are complied with. 
3. This agreement does not prejudice the right of the Social Partners to conclude, at 
the appropriate level including European level, agreements adapting and/or 
complementing the provisions of this agreement in order to take into account 
particular circumstances. 
4. Member States shall adopt the laws, regulations and administrative provisions 
necessary to comply with the Council Decision within a period of two years from 
its adoption or shall ensure0) that the Social Partners establish the necessary 
measures by way of agreement by the end of this period. Member States may, if 
necessary to take account of particular difficulties or implementation by collective 
agreement, have up to a maximum of one additional year to comply with 
this decision. 
5. The prevention and settlement of disputes and grievances arising from the 
application of this agreement shall be dealt with in accordance with national law, 
collective agreements and practices. 
6. Without prejudice to the respective roles of the Commission, national courts and 
the Court of Justice, any matter relating to the interpretation of this agreement at 
European level should, in the first instance, be referred by the Commission to the 
signatory parties who shall give an opinion. 
7. The signatory parties will review the application of this Agreement, five years 
after the date of the Council Decision, if requested by one of the parties to 
this agreement. y 
Brussels, 14 December 1995 
Fritz Verzetnitsch 
President of the ETUC Antonio Castellano Auyanet 
President of the CEEP François Perigot 
President of the UNICE 
Emilio Gabaglio 
Secretary General of the 
ETUC Roger Gourvès 
Secretary General of the 
CEEP Zygmunt Tyszkiewicz 
Secretary General of the 
UNICE 
ETUC 
Bid Emile Jacqmain 155 
B-1210 Bruxelles CEEP 
Rue de la Charité 15 
B-1040 Bruxelles UNICE 
Rue Joseph II 40 
B-1040 Bruxelles 
0) Within the meaning of Article 2(4) of the Social Policy Agreement annexed to the 
EC Treaty. 
16 
IMPACT ASSESSMENT FORM 
THE IMPACT OF THE PROPOSAL ON BUSINESS 
with special reference to small and medium-sized 
enterprises (SMEs) 
TITLE OF PROPOSAL: Proposal for a Council Directive on the framework agreement 
on parental leave concluded by UNICE, CEEP and the ETUC 
THE PROPOSAL: 
1. Taking account of the principle of subsidiarity, why is Community legislation necessary 
in this area and what are its main aims? 
The aim of this Directive is to implement the framework agreement on parental leave 
under Article 4(2) of the Agreement on social policy annexed to the Treaty. This Article 
provides for implementing agreements concluded by the social partners by a 
Council decision on a proposal from the Commission. The signatories have jointly asked 
the Commission to present a proposal to the Council. The Commission, in accordance 
with its Communication*1} on the application of the Agreement on Social Policy, 
undertook a three-fold analysis of the agreement. The Commission considers that all the 
conditions have been met (representative status of the signatories, legality of the clauses 
of the agreement and compliance with specific provisions on SMEs) and that its 
proposal for a Council Directive should be adopted. The Madrid European Council also 
welcomed the agreement. 
THE IMPACT ON BUSINESS: 
2. Who will be affected by the proposal? 
All enterprises and all workers may be affected by the framework agreement, 
irrespective of the sector or size of the enterprise concerned. 
3. What will business have to do to comply with the proposal? 
The enterprises have several options to make up for the absence of workers on parental 
leave, the main being as follows: 
hiring of replacements; 
sharing of the work between colleagues; 
postponing work until the persons concerned return to work. 
(1) COM(93) 600 final. 
17 
4. What economic effects is die proposal likely to have? 
Introduction of parental leave will also contribute to achieving the second priority set 
in Essen by the European Council - the introduction of new flexible ways of organizing 
work. Such flexibility should cater for the needs of enterprises which, in the face of 
international competition, must increase their competitiveness and for the interests of 
workers by enabling them to adjust their working time to their personal needs. The 
agreement between the social partners on this matter, which has been negotiated 
between employers and workers, is the most suitable instrument for reconciling the 
interests of the two parties. 
The job guarantee accompanying parental leave should normally underpin continuity in 
the labour market - whereas hitherto gainful employment had to be interrupted - to the 
benefit of workers and enterprises alike. Workers may be spared some of the cost of 
returning to working life and can maintain the benefits of their experience and their 
seniority with their employers. The employers keep the labour force which they have 
trained and, depending on the way in which they replace workers on leave, do not have 
to commit expenditure for recruitment or training of new personnel. 
5. Does the proposal contain measures to take account of the specific situation of small and 
medium-sized firms (reduced or different requirements, etc.)? 
Yes. See paragraphs 17 to 21 of the Explanatory Memorandum. 
CONSULTATION 
6. List the organizations which have been consulted about die proposal and outline their 
main views. 
A list of the organizations which have been consulted is annexed. Paragraph 14 of the 
Explanatory Memorandum explains their views. 
18 
ISSN 0254-1475 
COM(96) 26 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-96-048-EN-C 
ISBN 92-78-00159-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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