A4-0064/96

Resolution on the Commission proposal for a Council Directive on the framework agreement concluded by UNICE, CEEP and ETUC on parental leave (COM(96)0026 - C4- 0138/96)

The European Parliament,

- having regard to the Commission proposal for a Council directive on the framework agreement concluded by UNICE, CEEP and ETUC on parental leave (COM(96)0026 - C4-0138/96),

- having regard to the Agreement on Social Policy annexed to Protocol No. 14 on Social Policy attached to the Treaty establishing the European Community, in particular Articles 3(4) and 4(2) thereof,

- having regard to the Commission Communication to the Council and to the European Parliament concerning the application of the Protocol on Social Policy (COM(93)0600),

- having regard to its resolution of 24 February 1994 on the new social dimension of the Maastricht Treaty ((OJ C 77, 14.3.1994, p. 30.)) and its resolution of 3 May 1994 on the application of the Protocol on Social Policy ((OJ C 205, 25.7.1994, p. 86.)),

- having regard to the framework agreement on parental leave signed by the European social partners UNICE, CEEP and ETUC on 14 December 1995,

- having regard to the decision by these social partners to call upon the Commission to submit the above agreement to the Council with a view to implementing it,

- having regard to the report of the Committee on Social Affairs and Employment and the opinion of the Committee on Women's Rights (A4-0064/96),

A. whereas the Agreement on Social Policy strengthens the role of the European social partners in developing EU social policy, particularly through the establishment of European agreements,

B. whereas the Agreement on Social Policy provides for the possibility of implementing European agreements by means of a Council decision,

C. whereas, as with any other legislative procedure laid down in the Treaties, the European Parliament should play an active role in the adoption of the decision implementing such agreements,

D. whereas the above calls for an agreement between all institutions involved in the decision-making process at EU level with a view to safeguarding the prerogatives of each of them,

E. whereas, prior to and irrespective of such an interinstitutional agreement, the Commission has decided to consult the European Parliament on the proposal for a Directive implementing this agreement,

1. Supports the agreement between the social partners on parental leave, regards it as a fundamental breakthrough in this important aspect of equal opportunities policy and agrees that the agreement should be submitted to the Council;

2. Repeats its call for an interinstitutional agreement on joint arrangements for the practical application of Protocol No 14 and the Agreement on Social Policy and urges the Commission and Council to engage in a serious dialogue with Parliament with a view to reaching a satisfactory solution;

3. Points out that the Council must adopt the agreement between the social partners UNICE, CEEP and ETUC unamended and that any amendment to the agreement and to the Directive will require the initiation of a standard legislative procedure;

4. Believes that the agreement should be implemented in the Member States as soon as possible; therefore takes the view that the Commission should have opted for a Decision rather than a Directive as a legal instrument;

5. Reserves the right to take a parliamentary initiative should agreements between the social partners pursuant to Articles 3 and 4 of the Agreement on Social Policy not materialize;

6. Expects, in accordance with its abovementioned resolution of 3 May 1994, the remaining representative social partners to be appropriately involved in future negotiations within the social dialogue;

7. Expects the contracting parties to implement the concluded framework agreement by means of a collective agreement, should the Council not sign the framework agreement;

8. Notes that the above framework agreement sets out minimum requirements and provisions for parental leave and should therefore be considered a first step in the introduction of new flexible ways of organizing work which satisfy the needs of workers and take account of the requirements of employers;

9. Notes that the following issues are not covered or are not adequately covered by the current text of the framework agreement:

- guaranteed sufficient financial support during parental leave,

- extension of rights enjoyed at work to the period in which parental leave is taken,

- development of plans to promote the replacement of workers on leave, thus providing new, albeit temporary, employment opportunities,

- the right to social security benefits during parental leave;

10. Takes the view that the above issues must be regulated by supplementary legal acts of the Union;

11. Considers it an urgent matter for equality of opportunity that a Directive on childcare facilities and the proposal on the reversal of the burden of proof be adopted, to enable a better balance to be created between working life and family life;

12. Instructs its President to forward this resolution to the Council, the Commission, UNICE, CEEP and ETUC.