COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 562 final 
Brussels, 23 December 1992 
SECOND REPORT FROM THE COMMISSION 
TO THE COUNCIL. THE EUROPEAN PARLIAMENT AND 
THE ECONOMIC AND SOCIAL COMMITTEE 
on the application of the Community charter of the 
fundamental social rights of workers 
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TABLE OF CONTENTS 
INTBOWCTICN 
PART ONE PAGES 
Application of the Community Charter of the 
fundamental social rights by the European Community 
PART 7TO 
Application of the Community Charter of the 
fundamental social rights by the Member States 
Belgium 28 
Denmark 53 
France 68 
Germany 109 
Greece 128 
I re I and 147 
Italy 162 
Luxembourg 174 
The Nether lands 210 
Portuga I 228 
Spa in 247 
United Kingdom 269 
ANŒX 
Questionnaire addredded to the Member States relating 
to the report on the application of the Community 
Charter of fundamental social rights for workers 289 
k. 
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INTRODUCTI ON 
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A REMINDER: IMPLEMENTATION OF THE CHARTER 
The Charter, as a European act, merely states and notes the 
rights which were the subject of deliberations in the European 
Council in Strasbourg in December 1989. In itself, it has no effect 
on the existing legal situation. 
This is why the draft Charter, as presented by the Commission on 
27 September 1989*1), referred to an action programme with a set of 
related instruments and called for a mandate from the European 
Council relating to the most urgent aspects of implementation of the 
principles set out in the Charter which could be covered by the 
provisions of the EEC Treaty in the social field. 
Under the terms of point 28 of the Community Charter of the 
Fundamental Social Rights of Workers, the European Council invites 
the Commission to submit as soon as possible initiatives which fall 
within its powers, as provided for in the Treaties, with a view to 
the adoption of legal instruments for the effective implementation, 
as and when the internal market is completed, of those rights which 
come within the Community's area of competence. 
The Commission of the European Communities' response to this 
invitation was the action programme relating to the implementation 
of the Community Charter of the Fundamental Social Rights of 
Workers*2*. 
It features 47 separate initiatives, not all of which come within 
the Jurisdiction of the Council of Ministers. 
For its part, the European Council called upon the Council "to 
deliberate upon the Commission's proposals in the light of the 
social dimension of the internal market and having regard to 
national and Community responsibiI ities"(3>. 
2. The Commission wishes to point out that, in its initiatives 
presented under the above action programme and aimed at improving 
workers' living and working conditions, it regards the following 
three principles as cardinal: 
the principle of subsidiarity, having regard to the specific 
nature of the social sphere, whereby the type of action has to 
be matched to the subject matter (e.g. harmonisation, 
coordination, convergence, cooperation, etc.), and giving due 
consideration to known needs and to the potential added value 
of Community action; 
the principle of the diversity of national systems, cultures 
and practices, where this is a positive element in terms of the 
completion of the internal market; 
(1) See point 31 of the draft. 
(2) C0M(89) 568 final, Brussels, 29 November 1989. 
(3) Presidency Conclusions, European Council, Strasbourg, 8 and 
9 December 1989. 
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the preservation of the competitiveness of undertakings, 
reconciling the economic and social dimensions. In each 
initiative a balance must be sought and reached. 
This is the essential background to the Commission's action 
programme, which seeks to establish a sound base of minimum 
provisions, having regard on the one hand to the need to avoid any 
distortion of competition, and on the other to support moves to 
strengthen economic and social cohesion and contribute to the 
creation of jobs, which is the prime concern of completion of the 
internal market. 
3. The method adopted by the Commission for implementing these 
initiatives features a broad measure of prior consultation of the 
Member States and of the social partners within the context of 
advisory committees, ad hoc groups or under the social dialogue. 
Regarding the social dialogue, the Commission would stress the 
positive contribution made by the social partners in the 
implementation of the Social Charter, with the adoption of six joint 
opinions since the adoption of the Charter in the fields of 
education, training and the labour market: 
Creation of a European occupational and geographical mobility 
area and improving the operation of the labour market in Europe; 
Basic education, initial training, and vocational and adult 
training; 
Transition from school to adult and working life-, 
Adaptability of the labour market; 
Modalities of access to training-, 
Vocational qualifications and certification. 
/ 
THE ROLE OF THE EUROPEAN PARLIAMENT AND OF THE ECONOMIC AND SOCIAL 
COMMITTEE 
4. Express mention needs to be made here of the important roles 
played by the European Parliament and the Economic and Social 
Committee. 
The European Parliament has consistently made the point that the 
social dimension is a fundamental condition of completion of the 
internal market, and despite Parliament's criticism of certain 
specific aspects of its proposals, the Commission can only endorse 
Parliament's view that: "The European Community Is now putting 
forward two new blueprints for the [European social] model's future 
legal developments: the Community Charter of the Fundamental Social 
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Rights of Workers and the forthcoming European Citizens' Statute, 
which is expected to be unveiled as part of Political Union In 
parallel with the reforms of Economic and Monetary Un Ion" ^K 
5. The Economic and Social Committee has played a constructive 
role, particularly in the phase leading up to the adoption of the 
Charter, and its opinions make a positive contribution to the 
progressive and consistent implementation of social policy. 
Commenting on the first report, the Committee made the point that 
the Commission had done its job to schedule*2^. 
THE REPORT ON APPLICATION OF THE CHARTER 
6. Points 29 and 30 of the Community Charter of the Fundamental 
Social Rights of Workers stipulate that the Commission shall 
establish each year, during the last three months, a report on the 
application of the Charter by the Member States and by the European 
Community. 
Point 30 states that the report shall be forwarded to the European 
Council, the European Parliament and the Economic and Social 
Committee^3*. 
The second report on the application of the Community Charter of the 
Fundamental Social Rights of Workers essentially reproduces the 
information contained in the first report, updating it to 
1 November 1992. Several of the replies published in the first 
report still reflect the current state of play and require no 
amendment. 
Readers thus have a complete overview of developments regarding the 
Charter and its implementing action programme without having to 
refer back to the first report. 
Limitations of the first part of the report 
7. The first part of the report is concerned with the 
implementation at Community level, in the fields in which the 
Commission has jurisdiction, of the Community Charter of the 
Fundamental Social Rights of Workers. 
It is important to remember that the social dimension of a Europe 
without frontiers features in a range of other subject areas such as 
the European company, the mutual recognition of certificates and 
diplomas, the right of residence, labour protection in the framework 
(1) European Parliament, Social Affairs, Draft report on the European 
labour market after 1992, Part XI: The European social model, EP 
151.130/IX of 30 May 1991 and Resolution A3-0238/92 of 8 July 1992. 
(2) Opinion of 2 July 1992. 
(3) The first report was adopted by the Commission on 5 December 1991 
(COM(91)5li final). 
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of technical rules and standardisation, pension funds and the social 
provisions of directives on public contracts. 
This report is therefore restricted to the initiatives announced by 
the Commission in its action programme relating to the 
implementation of the Community Charter of the Fundamental Social 
Rights of Workers*1). 
The structure of the first part of the report follows the structure 
of the Charter and its associated action programme. 
By 1 November 1992, the Commission had presented virtually all of 
the initiatives announced in the action programme. 
The national reports 
8. The method chosen for presenting these reports is to follow one 
by one the chapters of the Charter. The reports themselves follow 
the structure of the questionnaire which was sent to the Member 
States by the Commission and which is appended to this report; they 
set out the Member States' attitudes to each of the Charter 
principles. 
Only the United Kingdom, pointing out that it is not a signatory 
to the Charter, has submitted a report which differs from the other 
eleven. Retaining the method it adopted for the first report, the 
United Kingdom has presented a report describing the general 
framework of social rights, protection mechanisms and freedoms. 
The German report, on the other hand, differs radically from the 
first, which placed the emphasis on political developments in the 
Federal Republic. The second report follows very closely the 
structure of the Commission's questionnaire. 
Conclusion 
At the time the first report was in draft, work on revising the 
EEC Treaty was still in progress. 
The outcome of this work was the Treaty on European Union, which was 
signed in Maastricht on 7 February 1992. During this period, the 
Council has adopted a number of instruments presented by the 
Commission under the terms of the Charter action programme, but has 
not so far taken the necessary decisions on a number of important 
proposals. 
(1) C0MC89) 568 final, Brussels, 29 November 1989 
-1-
PART ONE: 
OF APPLICATION 
BY THE EUROPEAN COMMUNITY 
OF THE COMMUNITY CHARTER 
THE FUNDAMENTAL SOCIAL RIGHTS 
O F WOR K E R S 
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LABOUR MARKET 
10. The action programme relating to the implementation of the 
Charter adheres, with a few exceptions, very closely to the 
structure of the Charter proper. 
One of these exceptions is the inclusion of an additional 
chapter devoted to the labour market, and introducing the various 
initiatives described in the subsequent chapters. 
The Community's top priority has always been to create jobs and 
reduce unemployment. 
It is to this end that work undertaken under the structural 
Funds is submitted to joint evaluation with the Member States. 
Since 1989, the "Employment in Europe" report has given a precise 
analysis of economic and labour market prospects. 
The fourth report - for 1992 - was adopted by the Commission on 
22 July 1992. This report is important in that it confirms the fact 
that the employment situation at the beginning of the 1990s is much 
more difficult than it was at the end of the 1980s. The Commission 
decided, on 18 December 1990, to set up three Community initiatives 
under Council Regulation EEC/4253/88 concerning equal opportunities 
for women (NOW), handicapped persons and certain other disadvantaged 
groups (HORIZON) and new qualifications, new skills and new 
employment opportunities (EUROFORM)*1). 
A network of national employment coordinators has been set up 
with the dual role of devising a procedure for discussion on certain 
employment-related subjects and involving national authorities in 
the work of collecting information. 
11. There are also a range of programmes seeking to enhance the 
effectiveness of Community and national measures designed to help 
specific groups or regions. Typical of these are the LEDA (local 
employment development action) programme and the ERGO action-
research programme, which is designed to identify successful 
programmes and projects which benefit long-term unemployed adults 
and young people, and SPEC (support programme for employment 
creation), which was launched in 1990 and is designed to deal with 
changes resulting from completion of the internal market. 
12. Finally, the Commission has sought to encourage the free 
movement of workers by improving the machinery for providing people 
in the Member States- with information on job vacancies in other 
Member States. 
The second part of Regulation (EEC) 1612/68 on freedom of 
movement for workers within the Community concerns "clearance of 
(1) 0J C 327 of 29.12.1990, p. 3. 
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vacancies and applications for employment". In other words, it lays 
down the arrangements for a system of Job vacancy clearance and for 
cooperation between the central employment services of the Member 
States and the Commission with a view to facilitating worker 
mobility within the Community. 
The shortcomings and limitations of the system, known as SEDOC 
(European System for the International Clearing of Vacancies and 
Applications for Employment) have become evident over the years, 
which is why, on 5 September 1991, the Commission adopted the 
proposal for a revision of the second part of Regulation (EEC) 
1612/68 on freedom of movement for workers within the Commun ityC>. 
One of the aims of this exercise is to provide a guarantee to 
job seekers looking for work in a different Member State of the 
provision by the central employment service in their country of 
residence of a service of a standard and rapidity at least 
equivalent to the kind of service they would obtain if they were to 
move to the Member State where they are seeking work. 
The Council adopted the amendments to Regulation (EEC) 1612/68 in 
its Regulation (EEC) 2434/92 of 27 July 1992<2>. 
EMPLOYMENT AND REMUNERATION 
13. In its action programme relating to the implementation of the 
Community Charter, the Commission took the view that "faced with the 
considerable development of very varied forms of employment 
contracts other than those of an open-ended type, there should be a 
Community framework ensuring a minimum of consistency between these 
various forms of contract in order to avoid the danger of 
distortions of competition and to increase the transparency of the 
labour market at Community level". 
Hence, in application of the Charter and as announced in its 
action programme, the Commission has proposed a set of fundamental 
provisions in respect of certain employment relationships. This is 
a general approach, paralleled by specific instruments to meet three 
spec i f i c needs : 
to improve the functioning of the internal market and to make 
the labour market more transparent within the context of 
economic and social cohesion (legal basis Article 100a of the 
EEC Treaty); 
to improve living and working conditions for workers (legal 
basis Article 100 of the EEC Treaty); 
to protect the health and safety of workers at work^3) (legal 
basis Article 118a of the EEC Treaty). 
(1) C0M(91) 316 final, SYN 359, Brussels, 5 Septembre 1991; OJ C 254 of 
28.9.1991, p. 9. 
(2) OJ L 245 of 26.8.92, p. 1 
(3) C0M(90) 228 final - SYN 280 and SYN 281 of 13 August 1990. 
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14. The Commission takes the view that there can be no question here 
of casting doubt on the need for these particular forms of 
employment relationship, which are held to be essential in terms of 
a coherent strategy for growth and Jobs. The point here is to 
define a number of basic provisions which on the one hand respect 
the need for businesses to be flexible, and on the other take into 
account the aspirations of workers, allowing for the wide range of 
situations in the Member States and the bargaining autonomy of the 
two sides of industry. 
To avoid a disproportionate level of administrative expenditure, 
the Commission has proposed that the two directives concerning 
approximation of Member States' provisions in respect of the above 
employment relationships in terms of working conditions 
(Article 100) and distortions of competition (Article 100a) should 
not apply to employed persons whose average working week is less 
than eight hours. 
15. Of the three proposals, only that based on Article 118a has so 
far been adopted by the Council of Ministers - on 25 June 1991(1*. 
Work on the proposal based on Article 100a is progressing slowly, 
and very little progress has been made on the proposal based on 
Article 100 of the EEC Treaty. This latter Commission proposal has 
been rejected by the European Parliament. 
16. The Charter reaffirms the principle under which all employment 
must be fairly remunerated, pointing out that "in accordance with 
arrangements applying in each country, workers shall be assured of 
an equitable wage, i.e. a wage sufficient to enable them to have a 
decent standard of living". Consequently, and respecting in full the 
principle of subsidiarity, the Commission intends neither to enact 
legislation nor to propose binding instruments on pay. It does, 
though, take the view that it would be apposite to pinpoint a number 
of basic principles regarding equitable pay, bearing in mind social 
and economic realities and making use of the usual instruments of 
economic and social policy, particularly those designed to stimulate 
economic growth, boost productivity, combat discrimination and 
ensure solidarity between the various social groups. 
In this context, the Commission presented, on 12 December 1991, a 
draft opinion on an equitable wage*2*, a draft which was revised 
subsequent to the opinion of the Economic and Social Committee 
delivered on 20 May 1992. 
Although Article 118 of the EEC Treaty on which the draft opinion is 
based does not require the European Parliament to be consulted, the 
(1) Council Directive of 25 June 1991 (91/383/EEC) supplementing the 
measures to encourage improvements in the safety and health at work 
of workers with a fixed-duration employment relationship or a 
temporary employment relationship. 
OJ L 206 of 29.7.1991, p.19 
(2) SEC(91) 2116 final 
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Commission nonetheless thought it right to await Parliament's 
opinion before setting down its definitive opinion. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
17. In recent years, there has been an increasing trend towards 
dissociating individual working time from plant operating hours in 
most of the Member States. Thanks to this tendency, which has 
helped to increase capacity utilization and improve access to 
services with longer opening hours, firms are free to adapt to 
changing market conditions and to make more flexible use of 
productive equipment while at the same time cutting unit production 
costs. This same phenomenon also enables workers to organize their 
working time to suit their personal social and cultural needs and 
aspirations. By, in many cases, allowing variations around an 
average working time laid down in collective agreements, the trend 
towards reduced working time has helped to dissociate plant 
operating hours and individual working time. 
18. This is why the proposal for a Council Directive concerning 
certain aspects of the organization of working time^1) contains a 
basic set of minimum provisions regarding minimum daily and weekly 
rest periods, and minimum conditions regarding shift work, night 
work and health and safety protection for workers subject to changes 
of rhythm in their working hours. 
Discussions in the Council have not yet led to the establishment of 
a common pos i t i on. 
19. On 28 November 1990, the Commission adopted a proposal for a 
Directive on provision of a form of proof of an employment 
relat ionship^2). 
The essential aim behind this proposal was to create a balance 
between the interests of workers in being aware of the essential 
nature and content of their employment relationship and that of 
businesses searching for new and more flexible forms of employment 
relationships geared to the needs of a modern economy. The Council 
adopted this text on 14 October 1991(3). The Directive thus makes a 
contribution to improving the transparency of a labour market which 
is undergoing change with potential for altering the situation of 
workers in the kind of employment relationship which generally falls 
outside the traditional pattern. 
Apart from the renewed potential for "black work", we are now 
witnessing the emergence of new forms of distance work, work 
experience schemes and mixed employment-training contracts, more 
(1) C0M(90) 317 final - SYN 295 of 20 September 1990. 
(2) COM(90) 563 final , 8 January 1991. 
(3) Council Directive 91/533 of 14 October 1991 on an employer's 
obligation to inform employees of the conditions applicable to the 
contract or employment relationship, 0J L 288 of 18.10.1991, p. 32 
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flexible forms of part-time and full-time working and, in more 
general terms, the development of new forms of work which tend to 
obscure the situation of large numbers of workers, making it 
confused, uncertain and unstable. As a result, conventional 
concepts of what is meant by workers, employed persons, working 
time, etc. are no longer covered by conventional labour law. 
Under the Directive, all workers have a right to know for whom and 
where they are working and what the essential conditions of the 
employment relationship are. 
20. On 18 September 1991, the Commission adopted a proposal for a 
Directive amending Directive 75/129/EEC concerning the approximation 
of Member States' legislation on collectlve redundancies^^. 
Fifteen years of Directive 75/129 and the impact of the internai 
market on business restructuring made it necessary to amend the 
original Directive. With transnational business restructuring 
gathering pace on the eve of completion of the internal market, 
redundancies are increasingly being decided at a higher level of 
business than that of the direct employer, i.e. by a company 
exercising control over a group, whether it be situated in the same 
Member State as the employer or in an entirely different one, or by 
the central management of a multiple-branch undertaking, with the 
actual employer being located in a different Member State entirely. 
The Council adopted these amendments on 24 June 1992<2). 
The Directive widens the field of application of Directive 
75/129/EEC as regards redundancies decided by such decision-making 
centres, but ensures that such centres supply employers with all the 
information they need to inform and consult workers' representatives 
and notify the competent public authority of the plans. The 
Directive also seeks to extend workers' rights as regards 
information and consultation to cases of redundancy resulting from a 
court decision. 
21. The need to refocus Community attention on the immigration issue 
was brought out at the Hanover European Council of June 1988, which 
called on the Commission to draw up a report on the social 
integration of migrant workers. 
The European Council of 8 and 9 December 1989 called in turn for an 
inventory of national positions on immigration with a view to 
preparing the ground for a discussion of the matter in the Council. 
As regards the social and legal situation of immigrants from non-
member countries in each of the Member States, the report on the 
"social Integration of migrants from non-member countries residing 
permanently and legally In the Member States"(3) gave a first 
indication of the legal and de facto situation of immigrants. 
(1) 0J L 48 of 22.2.1975, p. 29. 
(2) 0J L 245 of 26.8.92, p. 3 
(3) SEC(89) 924 final of 22 June 1989. 
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A second report entrusted by the Commission to a group of experts 
and entitled "Policies on immigration and the social integration of 
migrants in the European Commun!ty"C) made a major contribution to 
a more in-depth look at this question. 
The European Council of 14 and 15 December 1990 took note of this 
latter report and asked the General Affairs Council and the 
Commission to "examine the most appropriate measures and actions 
regarding aid to countries of emigration, entry conditions and aid 
for social integration...". In addition the Commission adopted a 
Communication to the Council and the European Parliament on 
immigration on 11 October 1991(2K 
FREEDOM OF MOVEMENT 
22. On 28 June 1991, the Commission put forward a proposal for a 
Council Directive concerning the posting of workers In the framework 
of the provision of services^). 
The Commission's aims behind this proposal were to have the Council 
ensure that Member States coordinate their laws to establish a core 
of rules and regulations affording minimum protection. Such rules 
and regulations would have to be complied with in the host country 
by employers sending workers to work temporarily on the territory of 
the Member State in which the services are rendered. 
The importance of this proposal will be clear to all, especially as 
its scope extends to undertakings established outside the Community. 
Such undertakings are likewise subject to this core of rules and 
regulations in respect of their workers carrying out temporary work 
on the territory of a Member State. 
Very little progress has been made since 1991 on the adoption of 
this proposal. The European Parliament has not yet given its 
op i n i on. 
23. The lack of coordination, the diversity and multiplicity of 
supplementary schemes and the fact that they are increasing in 
importance over statutory social security schemes make it a very 
complex matter to organize the transferability of rights in the 
event of worker mobility between the Member States. 
This is why the Commission adopted, on 17 July 1991, a 
"Communication on supplementary social security schemes"(*), which 
takes the form of a consultation and information document intended 
by the Commission to set in motion a Community-wide debate on 
supplementary retirement pension schemes. 
(1) SEC(90) 1813 final of 28 September 1990. 
(2) SEC(91) 1855 final 
(3) C0M(91) 230 final - SYN 346; 0J C 225 of 30.8.91, p. 6. 
(4) SEC(91) 1332. 
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The analysis proposed by the Commission is presented in terms of the 
freedom of movement of workers and the coordination of social 
security matters pursuant to Article 51 of the EEC Treaty. 
The communication is not intended to make any kind of value 
judgement on existing national systems, but merely to present an 
inventory of problems posed by supplementary schemes in respect of 
worker mobiI Ity. 
The basic objective is to ensure that transfrontier worker mobility 
is no more of a problem than mobility within a single Member State. 
In other words, the point of the transferablIIty of supplementary 
pension rights is to get rid of obstacles to the free movement of 
workers caused by the absence of Community provisions protecting 
such workers from the loss of their rights. 
The European Parliament's opinion was adopted on 13 March 1992, 
followed by the Economic and Social Committee's opinion on 
19 May 1992. 
24. The Treaty contains no provisions which would make it possible 
to eliminate inherent obstacles in the social security system for 
establishing the freedom of movement of persons who are not workers 
or members of their families. As a result, it would seem essential 
to coordinate social security systems applicable to such persons in 
the interests of the social dimension of the internal market and of 
a people's Europe. 
Given the new context for the coordination rules, the Commission 
formulated, on 13 December 1991, a proposal for a Council Regulation 
amending Regulation (EEC) 1408/71 on the application of social 
security schemes to employed persons, to self-employed persons and 
members of their families moving within the Community, and 
Regulation (EEC) 574/72 laying down the application arrangements for 
Regulation (EEC) 1408/71. 
This extension works in two directions: 
firstly, to include special schemes for civil servants and 
secondly, to facilitate the coordination of schemes applicable to 
all persons not yet covered by the regulations, in so far as they 
are insured in a Member State. 
25. Since the first communication on frontier populations 
(COM/85/529 final) and the impetus imparted by the completion of the 
single market, the Commission has submitted to the Council a number 
of ideas on the specific situation of frontier workers. 
On 27 November 1990, the Commission adopted a communication to the 
Council on the living and working conditions of Community citizens 
resident In frontier regions, with special reference to frontier 
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workers (1) 
26. The Commission will pronounce on the revision of Commission 
Regulation 1251/70 once the Council has completed its deliberations 
on the amendment of the first part of Regulation 1612/68/EEC. 
SOCIAL PROTECTION 
27. Solidarity with the disadvantaged sections of the population is 
primarily a matter for the Member States. 
However, since the mid-1970s, the Community has become involved in 
these matters too. The two Poverty programmes 1975-1980 and 1984-
1988 were joined by the Council Decision of 18 July 1989 
establishing a new Community programme for the economic and social 
integration of the least privileged (1989-1994). 
There is a very real danger, if we are not careful, that the 
internal market will make certain sections of the population more 
vulnerable. 
Faced with the persistence of various forms of social exclusion, the 
Member States have tried to tackle the problem by instituting 
various forms of guaranteed resources for the worst-off. 
28. In the Resolution passed on 29 September 1989 by the Council and 
the Ministers for Social Affairs meeting within the Council on the 
fight against social exclusion, the ministers showed how much 
importance they attached to supplementing economic development 
policies by policies of guaranteed resources geared to the situation 
in the various Member States. 
The same desire for solidarity prompted the proposal for a Council 
Recommendation on common criteria concerning sufficient resources 
and social assistance In the social protection systems*-^. 
The aim behind this draft Recommendation was to get the Member 
States to recognize a general subjective right to a guarantee of 
sufficient resources and benefits, and to organize the ways and 
means of implementing that right. The Council adopted the 
Recommendation on 24 June 1992*3). 
29. At the same time, and with a view to promoting harmonization in 
the levels of social protection, the Commission has proposed, 
pursuant to its stated aims in the Social Charter action programme, 
a strategy for the convergence of Member States' social protection 
poIi c i es. 
(1) C0M(90) 561 final. 
(2) C0M(91) 161 final of 13 May 
(3) 0J L 245 Of 26.8.92, p. 46 1991; 0J C 163 of 22.6.1991, p. 3. 
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This strategy, set out in the proposal for a Council Recommendation 
of 27 June 1991 on the convergence of social protection objectives 
and policies, sets out to be flexible, progressive and based on a 
voluntary approach on the part of the Member States^1). 
A strategy of this kind implies the definition at Community level of 
common objectives as regards the convergence of social protection 
policies, and sets out to advance the national social protection 
systems in accordance with the Community's general objectives. 
This convergence strategy must be seen not so much as an isolated 
measure, but rather as part of a wider move towards economic and 
social integration and the prevention of social exclusion. 
The Council adopted the Recommendation on 27 July 1992<2). 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
30. In presenting its proposal for a Council Directive on the 
establIshment of a European Works Council In Community-scale 
undertakings for the purposes of Informing and consulting 
workers^), the Commission set out to give priority to 
transnational situations, while at the same time bearing in mind 
the principle of subsidiarity as regards the regulatory level and 
the role of the two sides of industry. 
Thus, the proposal has no effect on internal information and 
consultation procedures within the Member States regarding national 
undertakings, which remain subject to the legislation and practices 
of the Member states. The proposal covers only European-scale 
undertakings and groups of undertakings. 
In this field, more so perhaps than in others, it is important to 
stress the respect shown for the social partners' bargaining 
autonomy. 
The joint opinion adopted in March 1987 within the framework of the 
social dialogue involving the ETUC, UN ICE and CEEP was taken into 
account not only in terms of the minimum requirements set out in 
the proposal in respect of information and consultation of workers, 
but also in terms of the conditions for the setting up of a 
European Works Council. Here, it is primarily up to the social 
partners to decide on the nature, composition, functions and powers 
of any such council, along with its rules of procedure. Only where 
it proves impossible to reach agreement do the prescribed minimum 
provisions need to be applied. 
31. The Community instrument on equity-sharing and financial 
participation by workers, announced in the Commission's action 
programme, takes due account of the latest developments and of 
(1) C0M(91) 228 final of 27 June 1991; OJ C 194 of 25.7.1991, p. 13. 
(2) OJ L 245 Of 26.8.92, p. 49 
(3) C0M(90) 581 final, Brussels, 25 January 1991. 
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present policies in this area within the Community^1). It relates 
essentially to participation by employees in their companies' 
profits and asset formation and to equity-sharing, and seeks to 
cover neither all aspects of general capital formation policies nor 
measures aimed at the population at large or specific categories 
outside the occupational context. 
The choice of the Council Recommendation instrument is justified by 
the nature of the subject, for which a non-binding instrument 
appeared to be more suitable^2). 
There is a wide disparity in the types of financial participation 
schemes currently in operation in the various countries. Their legal 
and tax statuses differ widely, ranging from cash bonuses and 
profit-sharing and other forms of deferred participation to special 
equity-sharing schemes, such as the free distribution of shares to 
employees or the offer of shares on preferential terms, through 
share purchase option schemes available to all employees or just to 
executives, to share-holding trusts or company buyouts. 
The Recommendation is principally concerned with company-interna I 
collective, continuing and participatory schemes (with direct or 
indirect involvement) based on company results. 
The Recommendation's designated objective is to encourage wide-
ranging usage of the various forms of employee participation in 
company profits and trading results, either by profit sharing or by 
equity-shareholding or by a combination of the two. 
The Council adopted the Recommendation on 27 July 1992(3). 
EQUAL TREATMENT FOR MEN AND WOMEN 
32. Substantial progress has been made since the first action 
programme on equal opportunities for women in 1982. 
A number of directives are already in place and form a complex 
fabric of legislation which, when incorporated into national laws 
and regulations, guarantees the formal equality of men and women. 
However, there is still some way to go before formal equality 
becomes de facto equality. 
The Commission's aim is to make the transition from equal treatment 
to equal opportunities, which explains why the third medium-term 
Community action programme on equal opportunities for men and women, 
adopted by Commission on 17 October 1990, places less stress on the 
legal side and more on facilitating access to the labour market, 
improving the quality of employment, reconciling working life and 
family responsibility and improving the status of women in society. 
(1) C0M(91) 259 final, Brussels, 3 Septembre 1991. 
(2) Proposal for a Council recommendation concerning the promotion of 
employee participation in profits and enterprise results (including 
equity participation); OJ C 245 of 20.9.1991, p. 12. 
(3) OJ L 245 of 26.8.92, p. 53 
- 18 -
The Council adopted its Resolution of 21 May 1991(1), recognizing 
"the need to adopt an overall integrated approach allowing the 
policies on equality to be given full effect". 
33. Based on Article 118a of the EEC Treaty, the proposal for a 
Directive concerning the protect Ion at work of pregnant women or 
women who have recently given birth constitutes an individual 
directive within the meaning of Framework Directive 89/391/EEC on 
the introduction of measures to encourage improvements in the safety 
and health of workers at work*2). 
Its aim is to improve the standard of protection of pregnant women 
or women who have recently given birth, regarded as a risk group 
within the meaning of the above Framework Directive, without causing 
any deterioration in their working conditions and more particularly 
their situation on the labour market. The measures contained in 
this proposal relate to leave arrangements, duration of work and 
employment rights on the one hand, and working conditions, including 
exposure to agents liable to affect their health, on the other. It 
also contains a particular reference to the burden of proof in case 
of a dispute. 
This proposal for a Directive is in response to a major and specific 
need; on a number of occasions, the European Parliament has 
underlined the urgency of this initiative as contributing 
significantly to the promotion of health and safety of workers at 
work. 
The Council adopted the definitive text on 19 October 1992<3). 
34. Reconciling childcare and child education obligations with 
parents' employment and training is essential if there is to be true 
equality of opportunity for men and women. 
In all the Member States, demand for childcare facilities exceeds 
supply, with the lack of good-quality and affordable facilities 
constituting a major obstacle to women finding jobs and playing 
their full part in work and vocational training. 
The Commission intends to take steps to encourage childcare 
facilities and has already drawn attention to the fact that finance 
is available in this field under Community support frameworks. 
However, going beyond specifically targeted measures, the Commission 
has sought to draw up Community guidelines for a comprehensive 
policy on the part of the Member States on childcare, along with a 
programme for the consistent and gradual application of this policy. 
This resulted in a proposal for a Council recommendat Ion on child 
care, adopted by the Commission on 4 July 1991 and presented to the 
Council on 8 July 1991<4>. 
(1) OJ C 142 of 31.5.1991, p.1. 
(2) OJ L 183 of 29.6.1989, p.1. 
(3) Not yet pub Iished 
(4) C0M(91) 233 final, OJ C 242 of 17.9.1991, p. 3. 
- 19 -
The Recommendation was adopted by the Council on 31 March 1992*1) 
VOCATIONAL TRAINING 
35. Community action programmes in the field of vocational training 
have made enormous progress since 1987 in the wake of the adoption 
of the COMETT programme. The adoption in the meantime by the Council 
of a series of other action programmes demonstrates the importance 
attached throughout the Community to vocational training as an 
instrument of economic and social policy. 
These programmes have been consistently supported by the 
European Parliament and the Economic and Social Committee and now 
form a complex fabric which is, however, still somewhat lacking in 
coordination. 
To deal with this shortcoming, the Commission put forward a 
memorandum on the rationalization and coordination of vocational 
training programmes at Community /eve/*2). 
The element common to all programmes such as COMETT, EUROTECNET, 
ERASMUS, LINGUA, TEMPUS, PETRA, IRIS, FORCE and the exchange of 
young workers programme is that they centre on the development of 
training measures, be they initial or continuing. 
In addition, there are other Community programmes which comprise 
training elements or have implications for training policy^3). 
36. The action programme relating to the implementation of the 
Community Charter of the Fundamental Social Rights of Workers 
pointed out that "the challenges faced by the Community as a whole 
With the creation of the internal market, against a background of 
continuing technological, social and demographic change, makes 
concerted action in the training field indispensable". 
The aim of the memorandum is precisely this: to establish an 
overall framework of reference which can be used in future in 
locating and managing all Community initiatives and actions in the 
context of the development of the common vocational training policy 
based on Article 128 of the Treaty and in ensuring a well-
coordinated approach to the development of Community measures 
designed to improve the quality of human resources in the Community 
and in the wider Europe. This framework is intended to streamline 
the Commission's different training initiatives, and also to enable 
the Commission to ensure the necessary interrelationships and 
coordination with other Community policies which contribute to the 
general objective of improving the skills of people throughout the 
(1) OJ L 123 of 8.5.92, p. 16 
(2) COM(90) 334 final, Brussels, 21 August 1990. 
(3) cf. a full analysis in the memorandum on the rationalization and 
coordination of vocational training programmes at Community level in 
C0M(91) 334 final. 
- 20 -
Community, so as to master economic, technological, social and 
cultural change. 
37. Taking account of the challenges in respect of vocational 
training and the need to promote a European dimension, more 
particularly by offering the chance of international exchange 
schemes to young people undergoing initial vocational training 
(other than at university level) and to young workers, the 
Commission proposed consolidating and extending the PETRA programme 
to include an exchange programme for young workers*1). 
In so doing, the Commission was not only responding to the right 
to training for young people as laid down in the Charter, but also 
taking account of the European Parliament Resolution of 
16 February 1990 on Community education and training programmes, 
which deplored the fact that "young people do not have equal 
opportunities in this area since existing Community programmes are 
geared mainly to university students rather than young people at 
school or following vocational training courses, who are in the 
majority"<2>. 
On 22 July 1991 the Council formally adopted Decision 
91/387/EEC, based on Article 128 of the EEC Treaty, which had ben 
approved at the Luxembourg Council on 25 June 1991. 
This decision, amending Decision 87/569/EEC concerning an action 
programme for the vocational training of young people and their 
préparât Ion for adult and working life (PETRA), became operational 
from 1 January 1992 and comprises a three-year programme with ECU 
177.4 mi I I ion funding*3). 
HEALTH AND SAFETY PROTECTION FOR WORKERS 
38. Although the Community has for some time had a set of binding 
provisions giving a wide measure of protection for the health and 
safety of workers at work, the action programme implementing the 
Charter included a series of new proposals for binding instruments 
covering fields where the safety problem is of some concern. 
In addition to other proposals for directives on the safety and 
health aspects of working conditions and empolyment, the action 
programme includes ten proposals for individual directives, most of 
which come under framework Directive 89/391/EEC. 
All the sectors covered by these proposals are characterized by high 
accident and risk rates. 
(1) Proposal for a Council Decision amending Decision 87/569/EEC 
concerning an action programme for the vocational training of young 
people and their preparation for adult and working life: COM(90) 467 
presented to the Council on 15 November 1990; 0J C 158 of 17.6.1991, 
p. 329 and C 181 of 12.7.1990, p, 175. 
(2) 0J C 68 of 19.3.1990. p. 175. 
(3) 0J L 214 of 2.8.1991, p. 69. 
- 21 -
39. The other two initiatives concern occupational diseases and the 
creation of a health and safety agency. 
As regards occupational diseases, the Commission has updated its 
Recommendations of 23 July 1962 and 20 July 1966*1) establishing a 
European schedule of occupational diseases and setting out the 
principles for compensation. 
In its Recommendation of 22 May 1990 concerning the adoption of 
a European schedule of occupational diseases, the Commission stated 
that, after a period of three years, it intended to look into 
whether binding legislative provisions were needed, and placed the 
emphasis on preventing occupational risks with a view to encouraging 
measures to reduce workplace nuisances*2). 
With regard to the proposal for a regulation on the establIshment of 
a health, hygiene and safety agency, the Commission presented its 
final proposal on 30 September 1991*3). Parliament has not yet 
given its opinion. 
40. Several of the proposals presented by the Commission under the 
action programme implementing the Social Charter and included in the 
chapter dealing with the health and safety of workers have been 
adopted by the Council*4). 
41. The other proposals for directives, more particularly those 
relating to the extractive industries, safety and health on fishing 
vessels and safety and health on means of transport have reached 
different stages in the process. 
PROTECTION OF CHILDREN AND YOUNG PEOPLE 
42. Children and young people sti11 constitute an important labour 
force reserve, the size of which varies from one Member State to 
another. In many cases, this is an "invisible" labour force which is 
not adequately covered by official statistics. According to 
Eurostat's 1989 labour force survey, there were 397 000 young people 
aged between 14 and 19 at work in Portugal, compared with 563 000 in 
Spain, 2 128 000 in the United Kingdom and 743 000 in Italy. Between 
90 000 and 200 000 children aged less than 15 were at work in 
Portugal in the early 1980s according to the International Labour 
Organisation. In more global terms, according to Eurostat (1989), 
almost 2 million young people of 15 years of age are at work in the 
(1) 0J No 80 of 31.8.1962 and No 147 of 9.8.1966. 
(2) 0J L 160 Of 26.6.1990, p. 39. 
(3) 0J C 271 of 16.10.1991, p. 3. 
(4) Council Directive 91/382/EEC, OJ L 206 of 29.7.91, p. 16 
Council Directive 92/29/EEC, OJ L 113 of 30.4.92, p. 19 
Council Directive 92/57/EEC; Council Directive 92/58/EEC, 0J L 245 
of 26.8.92, p. 23 
- 22 -
Community, over a third of whom are employed in the distributive 
services and in the hotel and catering trade. Most of the working 
youngsters are to be found in the United Kingdom (with more than a 
third of the total), Germany (15%) and Italy (12%). 
43. It was only logical, then for the Community Charter of the 
Fundamental Social Rights of Workers to devote special attention to 
the protection of children and young people (paragraphs 20-23). 
Paragraph 22 sets out the principal objectives, e.g. that 
"appropriate measures must be taken to adjust labour regulations 
applicable to young workers so that their specific development and 
vocational training and access to employment needs are met", 
limitations on the duration work and a ban on night work for workers 
of under 18 years of age. Paragraph 20 says that "the minimum 
employment age must not be lower than the minimum school-leaving age 
and, in any case, not lower than 15 years". 
Similarly, in Chapter 11 of its action programme relating to the 
implementation of the Charter, the Commission affirmed its 
determination to protect young people from conditions of work and 
employment which might damage their health, safety and development. 
The Commission's aim then is to get the Council to adopt a directive 
on the protection of young people. The Commission adopted the 
proposal on 15 January 1992*1). Parliament has yet to give its 
opinion. 
THE ELDERLY 
44. The substantial increase in elderly and very old people between 
now and the end of the century has made the problem of integrating 
such people into society acute throughout the Community, not to 
mention the economic and social implications of the ageing process. 
Enacting legislation would not have been the appropriate response 
given that different Member States have different approaches, 
cultures and traditions. 
However, population agefng, the shift in the ratio of the working to 
'the non-working population and the change in family structures are 
likely to have major social and economic implications. This is why 
the Commission has presented a communication on the elderly, 
together with a proposal for a Council Decision on Community actions 
for the elderly*2). 
45. In the wake of this measure, the Council adopted a decision 
dated 26 November 1990 on Community actions for the e/der/y*3). 
Among the wide range of measures proposed for the elderly, those 
encouraging sharing of experience are particularly important. 
(1) 0J C 84 of 4.4.1992 
(2) COM(90) 80 final, Brussels, 24 April 1990. 
(3) 0J L 28 of 2.2.1991, p. 29. 
23 -
On the basis of the Commission's proposal of 10 January 1992*1) the 
Council adopted, on 24 June 1992, a decision on the organisation of 
the European Year of the Elderly and of Solidarity between 
Generations (1993)*2). 
DISABLED PEOPLE 
46. There are something like 30 million people in the Community who 
are affected by a physical, sensoral or mental handicap. The 
European Community has set itself the task of integrating these 
people economically and socially within the general context of 
improving the quality of life of all Community citizens. 
The Community's original contribution to national efforts was to 
concentrate on technical exchanges of experience; this has now 
shifted to a comprehensive and consistent policy centred on a number 
of Community instruments in favour of disabled persons. 
On the basis of a Commission report, the Council adopted, on 
12 June 1989*3), its conclusions on the employment of disabled 
people, the aim being to give such people equal opportunities as 
regards access to vocational training and jobs by stimulating the 
participation of all parties concerned. 
Going beyond the Community Charter of the Fundamental Social Rights 
of Workers, the Council of Ministers adopted, on 31 May 1990, a 
resolution on the integration of children and young people with 
disabilities into ordinary systems of education. 
47. An important stage was reached on 18 April 1988 with the 
adoption by the Council of the second Community action programme 
covering the period 1988-1991*4), known as HELIOS (Handicapped 
people In the European Community Living Independently In an Open 
Society). Its aim was to follow up and build on the activities of 
the previous programme, stressing the promotion of independent 
living for the disabled. 
Thanks to the advances and progress made in previous programmes, the 
situation of disabled people has been improved significantly, but it 
is important not to let up in these efforts in a period of major 
upheaval and difficult economic and social conditions. 
Being able to draw on bases and criteria established for 
strengthening and pursuing a comprehensive and consistent policy for 
the school, economic and social integration of the disabled, and 
with heightened attention and appropriate measures, the Commission 
proposed the adoption of a five-year programme, known as HELIOS II. 
(1) 0J C 25 Of 1.2.92, p. 5 
(2) 0J L 245 Of 26.8.92, p. 43 
(3) 0J C 173 of 8.7.1989, p.1. 
(4) 0J L 104 of 23.4.1988, p.38 
- 24 -
48. A new action programme is particularly necessary as the disabled 
continue to be generally disadvantaged in terms of educational, 
employment and leisure conditions*1). Estimated at some 10% of the 
total population of the Community, handicapped people have tended to 
be more affected by the structural changes which have taken place 
over recent years. Economic and social changes have put a large 
number of people into a difficult - not to say dramatic - situation, 
and the positive aspects of past measures are sufficient 
justification for setting out on a new programme. HELIOS II thus 
has to contribute to the economic and social cohesion of the 
Community and help to optimize positive measures in favour of the 
disabled. However, as the European Parliament has not yet given its 
opinion, the dossier has made no progress in the Council. 
49. Since 1989, a variety of directives adopted by the Council have 
included provisions regarding workers with a mobility handicap*2). 
These concern the design of workplaces, accessibility, internal 
mobility arrangements and sanitary facilities. However, although 
Community regulations cover certain risks run by handicapped workers 
at the place of work, they do not cover the Journey to and from 
work. 
This is why the Commission set out to fill the gap by adopting the 
proposal for a Council Directive on minimum requirements and safe 
transport to work of workers with reduced mob/Ilty(3). 
For this category of persons, access to the place of work by public 
transport is often fraught with difficulties and plays an important 
part in determining whether or not a person obtains and keeps a job. 
As a result, occupational integration is directly linked to the 
development of transport and infrastructure facilities which help to 
make disabled workers more mobile. 
The aim of the proposal is not to modify all means of transport to 
make them accessible to workers with a mobility handicap, but to 
ensure that such workers can travel in safety and thus to help them 
integrate into the work process. 
(1) Proposal for a Council Decision establishing a third Community 
action programme to assist disabled people - HELIOS II (1992-96), 
presented by the Commission on 8 October 1991, 0J C 293 of 12.11.91, 
p. 2 
(2) Council Directive 89/391/EEC of 12 June 1989 on the introduction of 
measures to encourage improvements in the safety and health of 
workers at work (0J L 183 of 29.6.1989, p.1); Council Directive 
89/654/EEC of 30 November 1989 concerning the minimum safety and 
health requirements for the workplace (OJ L 393 of 30.12.1989, p.1). 
(3) OJ C 68 of 16.3.91, p. 7. 
•2 5-
CONCLUS I ON 
- 26 
50. In the context of the completion of the Single European Market, 
the European Councils of Hanover, Rhodes and Madrid held that equal 
importance should be attached to social and economic aspects and 
that both should be developed in a balanced manner. 
On a number of occasions, both the European Parliament and the 
Economic and Social Committee have expressed similar opinions and 
given voice to their concerns. 
At the European Council held in Strasbourg on 8 and 9 December 1989, 
eleven Heads of State or Government adopted the Community Charter of 
the Fundamental Social Rights of Workers. 
Almost three years on, the Commission has presented nearly all the 
proposals announced in its programme (in compliance with the 
principle of subsidiarity, which is why various initiatives have not 
required any intervention on the part of the Council). Of the 47 
initiatives (49 in fact counting the three texts on atypical work), 
the Commission has presented 28 proposals to the Council. 
51. The Council has adopted 15 of the proposals submitted to it by 
the Commission: eight directives (six of which are based on Article 
118a), four recommendations, two decisions and one regulation. 
The Council has also adopted two common positions regarding the 
health and safety of workers in the extractive industries. 
On certain proposals, the Council has not been able to make progress 
because Parliament has yet to give its opinion, e.g. on the Helios 
11 programme. 
Discussions on most of the proposals for directives on important 
matters have not made sufficient progress to enable a final text to 
be adopted. This is the case, for example, with the proposals on the 
organisation of working time, atypical work, European works 
councils, and transport for the disabled. 
52. The Community Charter of Fundamental Social Rights of Workers 
reflects the urge to establish a basic set of fundamental rights 
shared by all the Member States. 
This is the theme which is taken up in the Protocol on Social Policy 
annexed to the Treaty on European Union. 
The "high contracting parties" note therein that "eleven Member 
States wish to continue along the path laid down in the 1989 Social 
Charter; that they have adopted among themselves an Agreement to 
this end; that this Agreement is annexed to this Protocol". 
The Agreement extends the scope of qualified majority voting and 
lays down the bases to enable management and labour, for the first 
time under Community law, to enter into European-1 eve I collective 
agreements. 
-2.*-
PART TWO: 
O F APPLICATION 
BY THE MEMBER STATES 
OF THE COMMUNITY CHARTER 
THE FUNDAMENTAL SOCIAL RIGHTS 
O F WO R K E R S 
-2g, 
BEL G I UM 
- 29 -
FREEDOM OF MOVEMENT 
1. There are no restrictions other than those justified on grounds 
of public order and public health which prevent any worker of 
the European Community from having freedom of movement in 
Be I g i urn. 
2. The only restriction to freedom of movement for workers is 
provided for in Article 48(4) of the Treaty (positions of 
authority) on access to employment in the public service. 
Article 2, § 1, second indent, of the Royal Decree of 
18 November 1991 (published in the 'Moniteur belge' of 
18.01.1992) states that citizens of the Member States of the 
European Community may be employed under contract in certain 
public services for functions which do not involve the exercise 
of pub Iic author ity. 
The government has issued the necessary instructions on the 
application of Article 48(4) in accordance with the decisions of 
the Court of Justice of the European Communities. 
Generally speaking, it can be said that Belgian legislation 
complies with the principles of freedom of movement for workers 
and equal treatment, including the provisions of Regulation 
1612/68. 
It would therefore not appear to be necessary to take any 
measures to improve the situation in these areas. 
3. A Community citizen who is employed in Belgium may be Joined by 
his spouse and his children under the age of twenty-one years or 
dependent children even if they are not nationals of a Member 
State of the European Community. 
The spouse and children referred to in the previous paragraph 
also have free access to employment. 
EMPLOYMENT AND REMUNERATION 
4. Belgian law does not have particular provisions which prevent 
certain categories of people from being free to choose and 
engage in an occupation, apart from the regulations governing 
each occupât ion. 
5.a The parties to an employment contract are responsible for 
setting remuneration levels. For the majority of workers, the 
minimum scales are established by the appropriate joint 
committee for the company in question. These scales depend on 
the worker's qualifications, age, seniority and job. This means 
- 30 -
that the mean monthly minimum income is sector-specific in its 
content and in the system linking it to the consumer price 
index. 
Nevertheless, there is a mean monthly minimum income, which 
employers are obliged to pay to workers, regardless of their 
job, and which was uprated to Bfrs 34 050 in 1988, not including 
the regular flat-rate increases; naturally the whole sum is 
index-linked (current value: Bfrs 39 257). 
Under the hierarchy of standards, an individual contract or a 
collective agreement concluded within a company or a joint 
committee must comply with the agreements reached in the 
National Labour Council which, on the subject of minimum 
remuneration, are as follows: 
- Collective Agreement No 43 of 2 may 1988 amending and 
coordinating Collective Labour Agreements No 21 of 15 May 
1973 and No 23 of 25 July 1975 on the guarantee of a mean 
monthly minimum income. This Agreement is therefore 
supplementary to any joint-committee agreements which have 
not adopted a minimum wage; 
- Collective Agreement No 50 of 29 October 1991 on the 
guarantee of a mean monthly minimum income to workers under 
the age of 21 years, which provides for a guaranteed income 
for young workers by means of degressive rates from 16 to 20 
years. 
Collective Agreement No 35 of 27 February 1981 states that part-
time workers are entitled to a mean monthly income calculated 
prorata on the basis of the amount of time worked in the company 
and is proportional to the average monthly minimum income of a 
full-time worker. This agreement also stipulates that a part-
time worker must receive remuneration which is proportional to 
that of a full-time worker for the same work or work of an 
equivalent value. 
Remuneration may be withheld by the employer only in the cases 
of which a limitative definition is given in Article 23 of the 
Law of 12 April 1965 on the protection of remuneration. 
Moreover, the total deductions may not exceed one-fifth of the 
portion of each remuneration paid in cash, after the amounts 
required by tax legislation and legislation on social security 
have been deducted. 
As regards the seizing and transfer of remuneration, the Code 
Judiciaire (Legal Code) lays down the limits within which the 
remuneration may be seized or transferred for a creditor of the 
worker concerned, the aim being to ensure that the worker and 
his family have a minimum income. The proportion which can be 
seized and transferred increases progressively by income, for 
each calendar month. 
- 31 -
6. Any citizen of the European Community who is resident in Belgium 
or the frontier zone and any migrant worker who is properly 
established in Belgium may register as a job seeker with the 
public employment offices. 
Citizens of other European countries may seek employment by 
means of the SEDOC service of their home country which sends 
their file to our SEDOC branch office. 
The employment offices look for jobs on the labour market and 
then inform job seekers of any vacant posts-, the job seeker does 
not pay for this placement service. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
7.a Article 19 of the Law of 16 March 1971 on work stipulates that 
the amount of time worked may not exceed eight hours per day or 
40 hours per week. Lower limits may be set by collective 
agreement. For this reason, in most sectors the amount of time 
now worked per week does not exceed 38 hours. 
Apart from the structural and ad hoc derogations from the normal 
limits on the duration of working time provided for by the 
labour law, collective agreements may change working time by 
introducing flexible working hours or new working arrangements. 
Flexitime makes it possible for the working time to be exceeded 
within certain limits and also makes it possible for the working 
hours to be varied in line with the requirements of the company 
concerned. The new working arrangments make it possible for the 
company's operating time to be adapted by permitting derogations 
from a number of laws on working time (the duration of work, 
rest on Sundays, public holidays); these new working 
arrangements may be introduced only if they have a positive 
effect on employment in the company. 
There are three other types of work contract mentioned in 
Articles 7 and 11 (ter) of the Law of 3 July 1978 on work 
contracts: 
- the fixed-term contract, a clause of which indicates when the 
contract wiI I end; 
- a contract for a clearly-defined piece of work, which is 
terminated when the work for which the worker has been 
employed is completed; 
- the replacement contract which is concluded to replace a 
worker whose contract has been suspended. This type of 
contract, which may not last more than two years, may depart 
from the rules on contract duration and the period of notice. 
It is possible to employ workers part-time in each of these 
types of contract. The over-arching principle is that part-
time workers should have the same rights as full-time workers 
in proportion to the amount of time worked. 
- 32 -
The amount of time worked must be no less than three hours 
per day (as in the case of full-time workers) and no less 
than one third of the working week of full-time workers. 
The provisions on collective redundancies apply to companies 
with more than 20 workers. Collective redundancies are deemed to 
have taken place if, over a period of 60 days, at least ten 
workers are made redundant in companies with between 20 and 100 
workers, 10% of the staff are made redundant in firms with 
between 100 and 299 workers, 30 workers are made redundant in 
firms with at least 300 workers. Royal Decree of 24 May 1976 on 
collective redundancies and Collective Agreement No 24 of 
2 October 1975 stipulate that workers and the competent 
authorities must be informed and consulted, in principle 30 days 
before workers are made redundant. Moreover, provision is also 
made for the payment of an allowance to workers who have been 
made redundant as part of a collective redundancy. 
8. The legislation on the annual leave of salaried employees is 
also applicable to members of the social security schemes for 
manual workers, miners and similar workers and sailors in the 
merchant navy. 
The duration of leave is proportional to the amount of time 
worked. This is calculated on the basis of the number of days of 
actual work and of days of inactivity taken as such for the 
leave year, i.e. the calendar year preceding the leave year. 
Twelve months of work or the equivalent number of days in the 
leave year produce an entitlement to 24 days of leave in the 
following year (for those who work a six-day week) or 20 days 
(for those who work a five-day week). Additional days of leave 
may be provided for by collective agreement. 
The holiday pay of manual workers is paid by the Caisse de 
vacances to which the employer is affiliated. It is equivalent 
to 14.80% of the remuneration in the leave year used to 
calculate the social security contributions. 
The holiday pay of salaried employees is paid directly by the 
employer. It is equivalent to the normal remuneration in respect 
of the days of leave plus a supplement of one-twelfth of 85% of 
the gross remuneration of the month in which the leave is taken 
for each month worked or each equivalent month in the leave 
year. 
The annual leave of sailors in the merchant navy is governed 
partly by the legislation on annual leave and partly by 
collective agreements. Miners and employees working under 
subsidised contracts have a special leave system. 
As regards the weekly day of rest, the Law of 16 March 1971 
stipulates in Article 11 that it is prohibited to make people 
work on Sundays. This ban is a public order measure accompanied 
by penal and administrative sanctions. 
12) 
- 33 -
Provision has been made for derogations for certain companies or 
for the execution of certain types of work. 
In all cases in which workers are employed on Sundays, the rules 
provide for compensatory rest to be granted in the six days 
following the Sunday on which the work was done. 
9. The working conditions of salaried employees are defined in 
various provisions, including the following: 
- collective agreements for the sector or company concerned 
which may determine certain working conditions, notably the 
duration of the working week and the minimum remuneration 
level ; 
- the employment regulations, a written document which the 
employer must draw up and communicate to his workers. This 
document sets out certain working conditions which are 
specific to the company, notably working hours, dates on 
which the company is closed, the type and place for the 
payment of remuneration, etc.; 
lastly the work contract which sets out working conditions 
specific to the worker concerned. 
The hierarchy of the various provisions defining working 
conditions is as follows: 
- the mandatory provisions of the law; 
- collective agreements which have become obligatory; 
- collective agreements which have not become obligatory but to 
which the employer is a signatory or is affiliated to an 
organisation which is signatory to the agreement; 
- the written work contract; 
- collective agreements which have been concluded in a joint 
committee and have not become obligatory when the employer, 
although not a signatory or affiliated to a signatory 
organisation, comes under the joint committee which concluded 
the agreements; 
the employment regulations; 
the complementary provisions of the law 
- the verbal individual agreement; 
- practice. 
SOCIAL PROTECTION 
10.a Social protection for workers is basically funded hy 
contributions from employers and employees. 
These contributions which are used to fund the classes of 
insurance (sickness and invalidity, unemployment, old age and 
premature death, family allowances and annual leave) are 
collected together by a central body - the Office National de 
Sécurité Sociale (National Social Security Office), which 
distributes the sum total of these contributions between the 
- 34 -
various bodies which provide insurance services. These five 
classes of insurance together constitute what is known in 
Belgian positive law as "social security" in the strict meaning 
of the term. Nevertheless the regulations on occupational 
accidents and diseases, a secure existence and even those on the 
disabled are included in social security in a broader sense. 
The various classes of social security are managed on a Joint 
basis by public bodies. However, although these bodies manage 
the various branches they do not generally regulate social 
security, since the establishment of social policy remains the 
prerogative of the Minister concerned, who is assisted by the 
specialised units in his department. 
There are three main separate social security schemes, viz. the 
scheme for employees (manual and non-manual), the scheme for the 
self-employed and the scheme for civil servants. The scheme for 
employees, which is by far the most important in terms of the 
number of persons covered and the level of expenditure, is 
itself subdivided into three separate schemes: the general 
scheme and the specific schemes for miners and sailors in the 
merchant navy. 
Naturally, these different social security schemes have 
developed as a result of the specific working conditions of the 
above occupational categories. 
In addition, the rules for the application of a scheme are not 
always identical for all workers. 
Thus, for example, in the private sector a worker who is paid 
solely by gratuities is not subject to deductions in the same 
way as a worker in the metallurgical industry. 
However, the differences between the scheme for employees and 
the scheme for civil servants have been narrowing for a long 
time in terms of social security (e.g. identical health care, 
the introduction of unemployment insurance for civil servants) 
and working conditions (remuneration, safety at work, 
supplementary improvements in conditions of employment etc.). 
The links between the right to social security and a particular 
working environment are becoming less and less rigid and this 
right is being extended to the whole population. Whereas social 
security used to be mainly concerned with protecting employees 
when their capacity to work is reduced, it can be seen that 
protection from the financial consequences of certain events 
(unemployment, the birth of a child) has been given and certain 
services (health care) have been granted to people who could 
certainly not be considered to be employees. Thus students and 
disabled people may obtain family allowances for their children, 
and students who do not find work when they have completed their 
studies are entitled to unemployment benefits after a certain 
period of time. In the same way, insurance for health care, 
retirement pension and survivor's pension for employees are 
accessible to all people. 
- 35 -
In this way, the whole population can be covered in a compulsory 
or voluntary manner, against the various hazards concerned. 
In the meantime there has been an improvement in the quality of 
protection against risks which has led to fairer redistribution 
of national income. Benefits have been linked to variations in 
the consumer price index, thereby ensuring that they retain 
their purchasing power. Certain social benefits are linked to 
changes in the general well-being of society. This means that 
the employee is not only protected from being in need, but is 
also guaranteed a certain standard of living. 
Reference should be made to the various laws on assistance which 
are designed to ensure that each person is given a minimum level 
of protection, regardless of whether or not he is involved in 
the production process. To a certain degree this has already 
been achieved by means of the legislation on disabled people, 
the law on guaranteed family allowances and the right to a 
minimum level of subsistence or income. 
The system of guaranteed family allowances provides means-
related benefits for children who are not covered under the 
family allowances system for employees or under the family 
allowances system for the self-employed. 
Every Belgian (or stateless person, refugee or person covered by 
the regulations on freedom of movement for workers within the 
Community) who is actually resident in Belgium, but who does not 
have sufficient means and is not in a position to obtain them by 
personal effort or in any other way, is entitled to a minimum 
i ncome. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
11. Under Belgian legislation freedom of association in the 
occupational sphere is governed not by specific texts but by 
provisions applicable to all kinds of associations. 
There is complete freedom to establish trade union groups. 
Prior authorization, registration or approval are not required 
apart from in a few rare cases, such as the payment of 
unemployment benefits by a trade union organization. There is 
one particular legal form: the Union Professionnelle 
(professional association). However, the use of this legal form 
is optional and does in no way affect the rights and obligations 
concerned. 
Trade unions have a right of association, even at international 
level . 
The trade unions have complete freedom of operation and action. 
The management and liquidation of organizations other than 
professional associations or non-profit-making associations are 
governed by the organizations' own rules. 
- 36 -
The authorities do not intervene to appoint managers, monitor 
revenue and its allocation, or influence the organizations' 
programmes or their activities. 
Lastly, certain functions have been granted to the trade unions 
in the social area, regardless of their legal status. 
However, these functions have been granted only to trade unions 
which are considered to be "representative". For example, the 
1968 Law on collective labour agreements and joint committees 
gave the representative organizations (i.e. those which are 
organized on a national basis and are represented in the Conseil 
central de l'économie (Central Economic Council) and the Conseil 
national du travail (National Labour Council) and have at least 
50 000 members) the right to be a party to legal proceedings: 
a) in all disputes resulting from the application of 
legislat ion; 
b) to defend the rights of their members arising from collective 
labour agreements concluded by the trade unions. 
Every worker is free to join or not to join an organization 
pursuant to the Law of 24 May 1921 on freedom of association. 
People are free to choose their union. There are no official 
trade unions or trade unions supported by the authorities. 
Workers also have the right not to belong to such organizations. 
Although the opportunities and advantages given by law to trade 
unions and workers belonging to trade unions might be considered 
to encourage trade union membership, no sanctions or harm result 
from the decision not to join such organizations. 
12. Collective labour agreements can be concluded either within or 
outside joint bodies but usually the former is the case. 
Belgian law has established a hierarchy of these joint bodies 
and hence also of the collective agreements concluded by them. 
1. A collective labour agreement concluded at the National 
Labour Council covers all branches of economic activity in 
the country. 
2. A collective labour agreement concluded in a joint committee 
normally covers all persons and companies that fall within 
the scope of the committee, except in cases where the 
agreement limits its own scope. 
3. A collective labour agreement concluded in a joint sub­
committee has the scope laid down by the decree which 
established the sub-committee. A supervisory role may be 
taken by the overall committee. 
4. A collective labour agreement concluded outside a joint 
committee applies only to the contracting parties. These are 
generally company-level agreements. 
- 37 -
There are certain rules governing the form and publication of a 
collective labour agreement. It must be drawn up in writing, 
bear various signatures and use certain compulsory formulations. 
The agreement must also be submitted to the Ministry of 
Employment. 
When the agreements are concluded by a Joint body, it is 
necessary to inform the people affected, which is done by an 
announcement in the 'Moniteur belge'. 
When the collective agreement is made compulsory by Royal 
Decree, it is published in full in an annex to the Decree and in 
the two national languages. 
A collective labour agreement is defined as "an agreement 
concluded between one or more organizations of workers and one 
or more employers, which determines the individual and 
collective relations between employers and workers within 
companies or a branch of economic activity and which regulates 
the rights and obligations of the contracting party". 
The Law of 5 December 1968 gave considerable legislative freedom 
to the parties concerned: the two sides of industry are 
permitted to solve all problems of industrial relations. These 
collective labour agreements may therefore also cover the area 
of social security, for example. 
The only restrictions on the freedom of negotiation concern the 
hierarchy of sources: clauses which conflict with the binding 
provisions of legislation and royal decrees and those which are 
contrary to clauses in the agreements concluded at a higher 
level are considered to be null and void. 
In the public sector, the Law of 19 December 1974 provides for 
certain subjects to be negotiated in the negotiation committees 
by the competent administrative authorities and the 
representative trade union organisations. 
The following committees have been set up: 
- a committee of national, community and regional public 
services which is responsible for the staff in government and 
other State services (including educational establishments, 
departments of the judiciary, public services, and the 
Executives of the communities and the regions; 
- a committee of local and provincial public services which is 
responsible solely for the staff of these services. Two sub­
committees have been set up; 
- a single committee for all public services, which negotiates 
every two years for an agreement on supplementary 
improvements in conditions of employment for all sectors. 
The subjects for negotiation are as follows: 
- 38 -
- basic rules laid down by Royal Decree on: 
* administrative conditions of employment (including leave) 
* financial conditions of employment 
* the pensions scheme 
* relations with trade union organisations 
the organisation of social services; # 
- general internal measures and rules concerning the 
distribution of posts and the duration and organisation of 
work; 
- draft laws or decrees on any of these subjects. 
However, the King may authorise "emergencies or other cases" in 
which negotiations are not compulsory. 
The results of negotiations are recorded in a protocol setting 
out the positions of the parties as precisely as possible and 
stating whether or not an agreement has been reached so that the 
negotiations proper can concentrate on the main problems. 
13. Under Belgian law strikes are neither recognised per se nor 
defined in law. 
However, the freedom to strike is seen as legitimate, provided 
that the freedom and rights of other persons and the legal 
provisions and regulations which may restrict the exercising of 
this freedom are respected. 
Nevertheless, there are a number of relevant texts: 
a. The Law of 19 August 1948 on the provision of public services 
in peace-time stipulates in Article 1 that: 
"the joint committees provided for by the Law of 5 December 
1968 on collective labour agreements and joint committees 
shall determine and define, for the companies under their 
Jurisdiction, the measures or services to be guaranteed in 
the event of a collective and voluntary cessation of work or 
in the event of collective redundancies in order to meet 
vital needs, to carry out certain urgent work on machines or 
equipment, to perform certain tasks in cases of "force 
majeure" or an unexpected need, etc."; 
The purpose of the legislation is to limit possible damage by 
strikes to the fundamental interests of the country. 
b. There are a number of regulations referring to strikes and 
designed to protect workers who participate in them or suffer 
from them from the disadvantages normally resulting from the 
lack of provision of services during the strike. 
These texts treat days of strike action as days of work for 
the purposes of social security, in a broad sense of the 
term. In most cases, the strike has to be recognised by the 
trade union organizations. 
- 39 -
c. There are also regulations on the commencement of strike 
action, providing for a prior conciliation procedure. They 
include the following: 
- the Regent's Decree of 12 March 1946 which lays down the 
conditions and procedure for obtaining unemployment 
benefits in the event of a strike or a lock-out; 
- the Law of 5 December 1968 on collective labour agreements 
and joint committees and its executory decision of 6 
November 1969. 
The Law of 5 December 1968 stipulates in Article 38(2) 
that the tasks of the joint committees and joint sub­
committees include "preventing or solving any dispute 
between employers and workers". The Decree of 6 November 
1969 adopted pursuant to this Law deals with conciliation 
in Chapter III and stipulates that the joint committee may 
set up a conciliation committee within the joint 
committee. The conciliation committee comprises a 
chairman, secretary and an equal number of workers' and 
employers' representatives. 
A meeting of the conciliation committee is called by the 
chairman, normally within 7 days of the date on which a 
request was presented by the party to an existing or 
potential conflict who was the first to take action. 
Minutes are written of all conciliation meetings. 
- the numerous collective labour agreements concluded in 
joint committees (the majority of which have been made 
binding by Royal Decree pursuant to Article 28ff. of the 
Law of 5 December 1968) which include clauses that provide 
for a conciliation procedure prior to the start of the 
strike. This procedure may be laid down by an internal 
regulation of the joint committee. 
d. Lastly, the Law of 11 July 1990 (Moniteur belge of 28 
December 1990) approved the European Social Charter and its 
Annex signed in Turin on 18 October 1961. The Law 
incorporates these texts into Belgian legislation, in 
particular Article 6(4) of this Charter, which stipulates 
that the contracting parties recognise: 
"the right of workers and employers to take collective action 
in the event of a conflict of interests, including the right 
to strike, subject to any obligations resulting from 
collective agreements in force." 
14. There have been major controversies over the right to strike in 
the civil service. 
The traditional view is that strikes are prohibited because of 
the need to provide continuity of public services and the 
principle that the general interest, for whose protection the 
civil service was set up, must take precedence over the 
individual interests of the worker. Article 7 of Royal Decree 
- 40 -
of 2 October 1937 on the rules governing State employees 
stipulates that "State employees may not cease performing their 
duties without prior authorization", in the same way that 
Article 112 provides for the compulsory dismissal without notice 
of those who stop work and do not return for more than 10 days 
without a valid motive." 
However, no legal text formally states that civil servants do 
not have the right to strike. Strikes are considered to be a 
fact of life: legally speaking it is not of the least importance 
whether or not a strike is organized or recognised by the 
representative trade union organizations, but for political 
purposes this suffices for no disciplinary action to be taken 
against the strikers. Absence from work is treated as non-
activity and hence is not paid. In practice, only minor 
disciplinary sanctions may be imposed depending on the nature of 
the service and the rank of the person concerned, unless the 
strike has given rise to behaviour which is liable to penal 
sanctions. The offence of "conspiracy of civil servants to 
prevent the implementation of laws or decrees" (see Article 233 
of the Penal Code) has never been invoked in the event of a 
strike. Article 16(3) of the Law of 4 January 1975 on 
discipline in the armed forces stipulates that "military 
personnel may not strike in any way". 
VOCATIONAL TRAINING 
15.a Following the Belgian institutional reform, the responsibility 
for vocational training has been transferred to the communities, 
which have drawn up their own rules in this area. 
The following regulations govern access to vocational training: 
- the Decree of the Executive (regional government) of the 
French-speaking community of 12 May 1987 (Article 3); 
the Decree of the Executive of the Flemish community of 
21 December 1988 (Article 81); 
- the Decree of the Executive of the German-speaking community 
of 12 June 1985 (Article 3). 
In all three communities, vocational training is open to any 
person who is registered as a job seeker with a public 
employment office. In addition, the following people can take 
vocational training: 
- workers who take such training at the request of their 
employers; 
- workers who take training outside of working hours (French-
speaking community's definition) or after 6pm or on Saturdays 
and Sundays (Flemish and German-speaking communities' 
def ini t ion). 
- 41 -
The French-speaking and German-speaking communities have 
delegated the task of vocational training to FOREM, and the 
Flemish community has assigned it to VDAB. 
b There is no discrimination on grounds of nationality for access 
to vocational training courses. 
c The above-mentioned decrees stipulate that the aim of vocational 
training is to provide in-service training or to develop further 
existing work-related knowledge or abilities. 
To this end, the conditions of access to training are extremely 
generous (see above). In addition, the courses organised in the 
vocational training centres are constantly being adapted to the 
needs of the labour market. Moreover, employers may apply to 
the competent sub-regional employment service asking it to admit 
one or more of their workers to a training centre managed by the 
vocational training office for the community in question (FOREM 
or VDAB). After a detailed examination of the application in 
order to evaluate correctly the real needs, a specific programme 
of training is drawn up in cooperation with the company in 
quest ion. 
EQUAL TREATMENT FOR MEN AND WOMEN 
16.a The Belgian constitution has two articles (Article 6 "Belgians 
are equal in the eyes of the law" and Article 6 bis "there must 
be no discrimination in the enjoyment of rights and freedoms 
granted to Belgians") which may be cited in this context. 
Belgian legislation has been supplemented by international 
legislation and texts of limited scope so that it now guarantees 
equal treatment for men and women in the area of employment. 
Mention should be made of the fol lowing, measures: 
- Collective labour agreement No 25 of 17 October 1975 (made 
binding by Royal Decree of 9 December 1975) guarantees the 
principle of equal remuneration for male and female workers; 
- Title V of the Law of 4 August 1978 on the redirection of the 
economy guarantees the implementation of Directive 76/207 in 
Belgium; Title V affirms the principle of equal treatment for 
men and women as regards working conditions and access to 
employment, training, promotions and access to a professional 
occupât ion; 
in order to apply the principle of equal treatment in the 
sphere of social security, many amendments have been made to 
existing rules on the various classes of social security 
(family allowances, unemployment insurance, sickness and 
invalidity insurance, retirement pension, survivor's pension 
and annual leave). 
- 42 -
the Royal Decree of 14 July 1987 on measures for promoting equal 
opportunities for men and women in the private sector calls on 
companies to take positive action in favour of women by means of 
equal opportunity programmes drawn up for a given branch of 
economic activity or a given company. Under the terms of the 
Royal Decree of 27 February 1990 on measures to promote equal 
opportunities between men and women in the civil service, each 
public service must draw up a plan for equality of opportunity. 
c In recent years many measures have been taken to help workers of 
both sexes to reconcile their occupational and family 
commi tments. 
Achievements in this area include the following: 
- total or partial career breaks lasting between 6 months and 
five years; more flexible arrangements apply to career breaks 
for the birth of a child; 
- the extension of maternity leave; 
leave in special circumstances without loss of salary, in 
particular for family reasons (birth, marriage, adoption); 
leave in emergencies which allows workers in the private 
sector to take unpaid leave for a maximum of 10 days per 
annum in unforeseeable circumstances requiring the worker's 
attention (e.g. child's illness) unrelated to work; 
leave in emergencies or unforeseen circumstances in the 
family (for the civil service); 
- various measures to facilitate part-time work; 
- measures to make it easier for people who have interrupted 
their career to bring up children or care for their parents 
or spouse to return to the labour market. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
17. Belgium's current legislative framework does not offer a system 
of information, consultation and participation for workers in 
companies established in two or more Member States. The draft 
directive on the establishment of a European works council will 
make it possible to have consultations of this nature. 
18. Information, consultation and participation of workers takes 
place in the conseil d'entreprise (works council) for companies 
with more than 100 workers, and in the committee for 
occupational health and safety and the improvement of the 
working environment for companies with fewer than 50 workers, 
- 43 -
and, if there is no such committee, by the trade union 
delegat ion. 
The head of the company must provide the works council with 
information on productivity and general data on the operations 
of the company (Article 15 of the Law of 20 September 1948 on 
the organization of the economy and Royal Decree of 27 November 
1973 on the economic and financial information to be given to 
works counciIs. 
The works council gives its opinion and may submit suggestions 
on any measures which could affect the organization of work, 
working conditions and the output of the company (cf. the above-
mentioned Article 15). 
Moreover, collective labour agreements concluded in the National 
Labour Council (which therefore apply to all workers) stipulate 
that the works council must be informed or consulted in a 
certain number of areas. For example, Collective Labour 
Agreement No 9 of 9 March 1972 concluded in the National Labour 
Council, which coordinates the national agreements and 
collective labour agreements on works councils, provides that 
the works council must be informed and consulted in any matters 
relating to employment in a company, in particular when the 
structure of the company is'to be modified. 
Mention should also be made of Collective Labour Agreement No 24 
of 2 October 1975 concluded in the National Labour Council on 
the procedure for informing and consulting workers' 
representatives on collective redundancies and Collective Labour 
Agreement No 39 of 13 December 1983 concluded in the National 
Labour Council on informing and consulting the works council 
about the consequences for the staff of the introduction of new 
technology. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
19.a The provisions on occupational hygiene for workers, safety at 
work and protection of the health of workers are coordinated in 
the General Regulations on occupational safety. 
Experience has shown that Community Directives on health and 
safety at work refine or supplement the provisions of the 
Belgian General Regulations. 
The application or imminent implementation of the Community 
Directives means an improvement in the protection of workers at 
work in various areas: 
As regards the "social directives" (Article 118a of the 
Treaty of Rome), the expected improvements will be in the 
fol lowing areas: 
- 44 -
- the scope: 
a) the provisions on occupational hygiene and the health and 
safety of workers will also affect all those who carry 
out work under the authority of another person but who do 
not have an employment contract, as well as apprentices 
and trainees; 
b) it will be possible to lay down measures for persons other 
than employers, for example the self-employed, who are 
involved in coordinated activities at the workplace; 
- the coordination of the activities of employers with a view 
to providing protection and preventing occupational hazards 
when workers from various companies are present at the same 
workplace; 
- the possibility for workers to leave their workplace or a 
dangerous area in the event of a serious and urgent danger-, 
- a more precise and complete list of the provisions relating 
to the protection of workers concerning, in particular, the 
obligations of employers and workers, and the information, 
training and consultation procedures in companies; 
- a reworking of regulations, with technical standards being 
placed in annexes. 
As regards the "economic directives" dealing with the placing 
on the market of machines, equipment and plant (Article 100a 
of the Treaty of Rome), it is probable that the essential 
requirements, coupled with increasing reliance on a wide 
range of European standards, will make it possible to provide 
workers with equipment that improves their level of safety at 
work. 
19.b Belgium is acknowledged as a long-time believer in consultation 
of the two sides of industry, especially in the area of the 
health protection of workers. 
This consultation takes place in national bodies and individual 
companies. 
- A council for safety, hygiene and the improvement of the 
workplace has been set up at national level under the 
Ministry for Employment and Work. 
This committee comprises representatives of the most 
representative organizations of employers and workers, 
occupational physicians and civil engineers not employed by 
the authorities, experts competent in the areas concerned and 
officials of the various competent authorities for health and 
safety at work. 
It is responsible inter alia for issuing an opinion on 
proposals for new provisions in the area of health and safety 
at work and the protection of the health of workers and for 
studying all problems in these areas. 
- 45 
National occupational committees for safety, hygiene and the 
improvement of the workplace have also been set up. They are 
active in the main branches of economic activity, such as the 
construction industry, the diamond, glass, wood and steel 
construction industries, the chemicals industry, the ceramics 
industry and firms involved in agriculture, horticulture and 
forestry. 
These committees have members from the most representative 
employers' and workers' organizations, experts in 
occupational safety and health for the appropriate branch of 
economic activity and officials from the competent 
author it ies. 
Their remit includes making proposals to the Committee for 
occupational safety and hygiene and the improvement of the 
working environment for amending or supplementing the rules 
on health and safety in the sector in question. 
The National Labour Council is a joint body which, where 
appropriate, may issue an opinion on the proposals for laws 
or royal decrees in the area of health and safety at work. 
The joint committees draw up collective labour agreements, 
which may include certain provisions on the safety and health 
of workers. 
In compliance with the Law of 10 June 1952 on the health and 
safety of workers and the health conditions at the workplace, 
employers who normally employ an average of at least 50 
workers must set up a committee for occupational safety and 
hygiene and the improvement of the working environment, which 
must meet at least once per month. 
The members of these committees are elected for a period of 
four years from the lists of candidates put forward by the 
organizations representing workers. 
The basic task of these committees is to study and to propose 
to the employer any ways of actively promoting measures to 
ensure that work is carried out in the best possible 
conditions of safety, hygiene and health. 
In order to carry out this task, the Committee must issue 
opinions and draw up proposals on: the policy for preventing 
occupational accidents and diseases; the annual action plan 
produced by the head of the company; any amendments to it; 
its application; and the results produced. 
The Committee is also responsible for drawing up an opinion 
in advance on all new projects and measures which, directly 
or indirectly, in the short or long term, may have 
consequences for the safety, hygiene or health of workers, 
and on any planned measures for adapting working techniques 
and conditions to the worker. 
However, the decision on whether or not to adopt a given 
safety or health measure is the sole responsibiIty of the 
- 46 -
employer and does not concern the Committee, which has a 
purely advisory role. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
20. The reply to this point is included in the reply to question 23. 
21. Workers under 21 years of age and employed on a part-time basis 
are guaranteed a mean monthly minimum income under Collective 
Labour Agreement No 33 of 28 February 1978. 
This minimum income is determined as a percentage of the income 
guaranteed to workers aged 21 years and over. The rates are as 
follows: 92.5% at the age of 20, 85% at the age of 19, 77.5% at 
the age of 18, 70% at the age of 17 and 62.5% for those aged 16 
and under. 
This Agreement applies to all branches or activities which are 
not covered by a joint committee or which are covered by a joint 
committee which has not yet been formally recognized. 
22. The Law of 16 March 1971 provides for various special measures 
to protect workers under the age of 18 years. 
Working hours of workers under 18 are subject to the same limits 
as for other workers. However, when daily working time exceeds 
AYz hours, they must be given a rest of half an hour and if their 
working time exceeds 6 hours, they must be given a rest of one 
hour. 
Night work, which is work done between 8pm and 6am, is 
prohibited for young workers. However, these limits are reduced 
(10pm - 5am; 11pm - 6am) for workers aged 16 years and over when 
they are engaged in work which by its very nature cannot be 
interrupted or delayed, or are working shifts. 
Lastly, there must be gap of at least 12 hours between the end 
of one working day and the beginning of the next, no exceptions 
being permitted to this rule. 
23. Initial training for young people, which was extended to the age 
of 18 years in 1983, makes it compulsory for them to attend 
school on a full-time basis up to the age of 15 or 16 years and 
then at least part-time up to the age of 18 years. So young 
people are no longer obliged to attend school full-time after 
the age of 15/16 years provided that they have completed (not 
necessarily successfully) the first two years of secondary 
education. The scheme of part-time compulsory schooling is 
designed to give additional training of at least 360 hours per 
year to those under the age of 16 and at least 240 hours per 
year to those aged between 16 and 18 years. 
- 47 -
A young person who has not yet completed his compulsory 
schooling and who chooses to leave full-time education may: 
- follow a course with a reduced timetable or take training 
officially recognized as meeting the requirements of 
compulsory schooling. This part-time course or training may 
be supplemented by part-time work; 
- conclude a contract for an apprenticeship in industry; 
- take training organized as part of a small business 
apprent iceship. 
Those who remain in full-time education until the age of 18 
years may take options in the areas of technical education or 
vocational training. 
A young person who has completed compulsory schooling and is 
registered as a job seeker may take vocational training courses 
organized by the public employment services. 
THE ELDERLY 
24. There are three major pension schemes in Belgium: 
- the public sector scheme which applies to civil servants; 
- the scheme for the self-employed which applies to traders, 
skilled workers, farmers and members of the professions; 
- the employees' scheme, which applies to all workers employed 
in Belgium under a "contrat de louage de travail" (work 
contract). 
In the case of the last scheme, a person earns the right to 
retire by calendar year at a rate of a fraction of real, 
notional and standard remuneration to the amount of: 
a. 75% for a worker whose spouse has terminated all 
occupational activity apart from authorized occupational 
activity and does not receive an allowance for illness, 
invalidity or involuntary unemployment under Belgian or 
foreign social security legislation, does not receive 
benefit for a career break or a reduction in services or 
does not draw a retirement or survivor's pension under the 
pension schemes for employees, the self-employed, the 
public sector, the SNCFB (Belgian State Railways) or under 
a foreign pension scheme or a pension scheme applicable to 
the staff of an institution of public international law. 
b. 60% for other Workers. 
The benefit is adjusted in two ways in order to ensure that it 
remains adequate: 
- 48 -
1. The pension is linked to changes in the consumer price index; 
2. The remuneration levels used to calculate the pension are 
adjusted by applying a coefficient. The remuneration for a 
given year is multiplied by a coefficient obtained by 
dividing the consumer price index at which current pensions 
are paid by the mean of the monthly consumer price indexes 
for the year under consideration. In addition, on 1 January 
of each year these remuneration levels are upvalued by a 
coefficient determined by the King of Belgium. 
25. In order to guarantee a decent standard of living to elderly 
persons, men aged 65 years or over and women aged 60 years or 
over who do not have adequate resources or do not receive an 
adequate pension may nevertheless receive the income guaranteed 
to the elderly provided that they actually live in Belgium. 
This benefit is completely free, as no contributions have to be 
paid in order to receive it, it being paid for by the State in 
accordance with the Law of 1 April 1969. 
The person applying for the pension must be a Belgian, but his 
or her spouse does not have to be a Belgian. 
The following are given equivalent treatment: 
- stateless persons and refugees; 
- nationals ôf a country with which Belgium has concluded a 
reciprocal convention in this area; 
- nationals of a Member State of the European Community. 
The guaranteed income for the elderly is calculated on the basis 
of an annual flat-rate amount and may not be granted until a 
person has been means-tested. The basic guaranteed income is 
reduced by the amount of applicants' resources over and above a 
level established by the King. 
Persons who receive the guaranteed income for the elderly need 
not pay contributions for sickness and disability insurance. 
Like widows, invalids, pensioners and orphans, these people pay 
preferential rates for routine health care and prescriptions. 
DISABLED PERSONS 
26. Although both medical and occupational rehabilitation are 
included in a number of laws on social security and 
compensation, it was by the Law of 16 April 1963 that the 
Belgian legislator set out to complete and coordinate efforts 
made in this area. 
This task was entrusted to the National Fund for the Social 
Rehabilitation of the Disabled. 
(3) 
- 49 -
A. Powers of the Communities 
This national Fund was wound up with effect from 1 January 1991. 
On that date, pursuant to the Law of 28 December 1984 on the 
restructuring of the National Fund, medical and paramedical 
services for medical rehabilitation were transferred to the 
National Sickness and Invalidity Insurance Institute (INAMI), 
while the remaining areas, viz. careers guidance, vocational 
training, work programmes and social assistance, were handed 
over to the communities. 
As a result, three new bodies were set up to cover these new 
community responsibilities. 
The German-speaking community, by its Decree of 19 June 1990, 
set up the "Dienststelle der Deutschsprachigen Gemeinschaft fUr 
Personen mit einer Behinderung sowie fur die besondere soziale 
FCirsorge" (Office of the German-speaking community for disabled 
persons and for special social assistance). 
The Flemish community, by its Decree of 27 June 1990, set up the 
"Vlaams Fonds voor Sociale Intégrâtie van Personen met een 
handicap" (Flemish foundation for the integration of the 
disabled into society). 
The French-speaking community, by its Decree of 3 July 1991, set 
up the "Fonds communautaire pour l'intégration sociale et 
professionnelle des personnes handicapées" (community Fund for 
the integration of the disabled into society and the working 
environment) in order to fulfil these various responsibilities. 
Definition of a disabled person 
The Law of 16 April 1963 on the social rehabilitation of 
disabled persons related to all those whose opportunities for 
obtaining or retaining a job were reduced as a result of 
physical incapacity of at least 30% or mental incapacity of at 
least 20%. 
This concept of invalidity expressed in terms of a percentage 
has been abandoned in all of the Decrees. 
The Decree of the Flemish community defines a handicap as a 
long-term major limitation of a person's social integration 
resulting from an impairment of his mental, psychical, physical 
or sensorial abilities. 
The French-speaking community defines a disabled person as 
anyone whose opportunities for integration into society and work 
are severely limited as a result of a lack or loss of physical 
or mental capacity. 
The Decree of the German-speaking community understands a 
handicap to mean any obstacle to a person's integration into 
society and work resulting from an impairment of mental, 
physical or sensorial abilities. 
- 50 -
Remit 
In the Law of 16 April 1963, social rehabilitation meant the 
integration or re-integration of the disabled into the working 
environment. 
The three communities have expanded this concept to include 
integration into society. 
Nevertheless, the Flemish community and the German-speaking 
community have given their respective Funds more extensive tasks 
than those set out in the Law of 16 April 1963. More 
specifically, so as to make it possible to coordinate measures, 
they have given their Funds the remits of the National Fund for 
the Social Rehabilitation of the Disabled and of the Fund for 
Medical, Social and Educational Care. 
The Flemish community also mentions the prevention, detection 
and diagnosis of handicaps. 
The French-speaking community has not combined the remit of the 
National Fund for the Social Rehabilitation of Disabled Persons 
with those of other services. Since the same Minister is 
responsible for these services and the community funds, they can 
be coordinated without being combined. 
Pending the publication of the executory decisions setting out 
the rules for the application of this Decree, the whole body of 
legislation developed in application of the national Law of 
16 April 1963 will remain in force-, thus assistance will 
continue to be provided during the changeover from the old 
National Fund to the new community Funds. 
The community decrees have confirmed the basic principle that 
standard methods should be used wherever possible and that 
special methods should be used only when they can be justified 
by the nature of the handicap. 
Thus, in the area of vocational training, in addition to the 
apprenticeships in small businesses, industry and the centres 
for intensive vocational training for the unemployed, the above-
mentioned rehabilitation legislation provides for a special type 
of apprenticeship for the disabled, which is a form of "learning 
by doing" in the sense that it does not yet provide theoretical 
training. In addition, vocational training centres for the 
disabled provide training which is more tailored to individual 
needs and lasts longer than in the above-mentioned centres for 
the unemployed. 
In order to make it more attractive to employ or retain disabled 
staff, the legislation provides for the following incentives: 
- a contribution to the remuneration and the social security 
charges for a maximum of one year for a disabled worker who 
is employed in a new post; this is a flat-rate payment which 
is designed to cover the employer's loss of earnings during 
the period of adaptation of the new worker; 
- 51 -
- the refund of the cost of adapting the workplace (including 
workplace design or access to the workplace); 
the payment of the additional cost, attributable to the 
person's handicap, of working clothing or instruments; 
- the payment of the additional cost, attributable to the 
handicap, of transport to and from work for the disabled 
person. 
It should also be pointed out that Collective Labour Agreement 
No 26 of 15 October 1975 stipulates that, on the basis of the 
principle of "equal pay for equal work", the disabled worker is 
entitled to the remuneration laid down by collective agreement 
and that the competent authorities are to reimburse the employer 
for the proportion of the remuneration corresponding to the 
reduced performance as a result of the handicap. 
B. Benefits provided by the national authorities 
Even though policy to assist the disabled has been the 
responsibility of the communities since 1 October 1980, the 
rules and funding for the individual benefits (income 
substitution benefit) remain the responsibility of the national 
government. 
The Law of 29 December 1990 concerning social provisions 
provided for special measures to promote the integration into 
working life of the "groups at risk", viz. the long-term and 
unskilled unemployed and the disabled. The "disabled" are taken 
to mean the job-seekers registered with one of the above-
mentioned community Funds. 
In addition, certain other benefits for easing the social 
integration of disabled people are included in other 
legislation, for example: 
- a reduced telephone rate for the severely disabled, subject 
to certain conditions relating to income, age and 
cohabitât ion; 
- exemption from radio and television fees for certain disabled 
people; 
- reduction in the rate of income tax charged to persons with a 
degree of invalidity of at least 66%; 
- the issue to certain disabled people of a special card 
authorising unlimited parking of a vehicle used to transport 
a disabled person; 
- facilities to help disabled people who are capable of driving 
to obtain a driving licence; 
- on public transport, a reduced rate for certain disabled 
people, free transport for the blind, free accompaniment of 
severely disabled people by a guide. 
- 52 -
C. Benefits provided by the regional authorities 
Since certain matters are the responsibility of the regional 
authorities, the relevant legislation provides for special 
facilities for the disabled or guarantees that mainstream 
facilities are accessible for the disabled. This applies in 
particular to low-cost housing and town planning (access to 
public buildings and outdoor facilities). 
In addition, most of those who receive benefits for the disabled 
qualify to pay reduced rates for limited amounts of gas and/or 
electr icity. 
- sz -
DENMARK 
54 -
FREEDOM OF MOVEMENT 
This area is regulated by the Order issued by the Ministry of 
Justice on foreigners' stays in Denmark (1984, amended in 1985) 
which incorporates the provisions laid down in Council 
Regulation (EEC) N" 1612/68 on freedom of movement for workers 
within the Community and Commission Regulation N" 1251/70 on the 
right of workers to remain in the territory of a Member State 
after having been employed there. Under Article 189 of the EEC 
Treaty a Regulation is directly applicable in all Member States. 
The incorporation of the provisions in the above-mentioned Order 
is thus only a practical measure and does not affect the direct 
applicability of the above-mentioned Regulations in Denmark. 
2. It follows from the provision in the Order that EC nationals are 
granted a residence permit when they prove they have paid 
employment in Denmark or that they have established themselves 
as self-employed or are providing or receiving services. 
Residence permits are granted to EC nationals, who as employees 
etc. have the right of abode, while non EC nationals are 
granted residence and work permits. The average time taken to 
deal with applications for EC residence permits is around one 
month. In 1991 a total of 1 670 new EC residence permits were 
issued and about 1 060 were renewed. In 116 cases the conditions 
for issuing an EC residence permit were not satisfied. 
Normally, no evaluation takes place of the character or nature 
of the work, and there is nothing to prevent a worker who has 
availed himself of his right to freedom of movement from 
occupying a post under the same conditions as a national. 
However, reference should be made in this connection to the 
special rules concerning appointment of public servants, 
according to which nationals of other EC countries can be 
employed on terms similar to those applying to Danish public 
servants. 
EMPLOYMENT AND REMUNERATION 
4. In Denmark there is no legislation restricting, for certain 
groups of persons, the freedom of choice and the freedom to 
engage in an occupation, save for special provisions regulating 
specific occupations. 
In Denmark there are no laws or - as far as the Ministry of 
Labour is aware - collective agreements containing provisions on 
fair or equitable wages. It is considered that the state should 
not interfere in the question of wages, which are fixed by 
individual agreement or by reference to a collective agreement 
between the employer or an employers' organisation on one side 
- 55 -
and a trade union on the other. The wage fixed in the collective 
agreement is often a minimum which forms the basis for local 
agreements. Formally, collective agreements are only binding on 
the parties, but in actual practice they often determine the 
wage level which is generally considered equitable. "Equitable 
wage" is not a widely used concept. In principle, there is no 
difference between fixed-term employment or open-ended 
employment as regards wage terms. 
Persons employed in private companies are employed under 
agreement-based pay and working conditions. Similarly, persons 
employed in public posts are employed under agreement-based pay 
and working conditions, although remuneration in the public 
sector may not exceed Dkr 80/hour excluding holiday pay etc. 
In the case of persons employed in private companies or on 
employment projects with the help of wage subsidies, pay and 
working conditions must similarly be in line with the relevant 
agreement or the normal conditions for such work. However, the 
introduction of a training allowance has been proposed, to be 
applied whenever young persons under 25 years of age in receipt 
of cash assistance are employed in public posts, including 
employment projects. It is proposed that the training allowance 
vary partly according to age and partly according to previous 
employment. 
6. Under the Administration of Justice Act, property required to 
keep up a modest home and living standard for a debtor and his 
household may not be seized. This provision is supplemented by 
the rules laid down in the Social Assistance Act whereby 
employees and their families have a right to temporary 
assistance in certain cases. 
The Act on the Public Employment Service and the Unemployment 
Insurance System, etc. ensures that the public employment 
services is available free of charge to all job seekers. 
IMPROVEMENT OF WORKING AND LIVING CONDITIONS 
7. Working time in Denmark is, as a general rule, laid down in 
collective agreements, which cover the bulk of the labour 
market. The areas which are not covered directly by agreements 
traditionally follow the same rules on working time as those 
which are. 
At the moment normal weekly working time is 37 hours. 
No special measures have been introduced in Denmark in relation 
to employment contracts. This is also true of temporary 
contracts. Thus the same rules apply to all types of contract 
establishing an employment relationship. The labour market 
cannot generally be divided up on the basis of whether 
employees tend to have temporary or permanent (open-ended) 
contracts. In several major sectors/occupations the most common 
56 -
type of employment contract is for temporary work, but this does 
not mean that the employees cannot have an ongoing employment 
relat ionship. 
As regards procedures connected with collective dismissals, 
Denmark has implemented the Directive of 17 February 1975 on 
collective redundancies (75/129/EEC) by adopting legislation in 
this field. The provisions of the relevant Act are summarised 
below. 
If an employer intends to proceed with collective dismissals he 
is required to start negotiations with the employees or their 
representatives as soon as possible. The employer must provide 
the employees with any information relevant to the case and give 
written information on the grounds for the redundancies, the 
number of persons to be dismissed, the number of persons 
normally employed by the undertaking and the period over which 
dismissals are expected to take place. 
If the employer still intends to proceed with the dismissals 
after negotiations with the employees are completed, he must 
notify the regional labour market board thereof. The dismissals 
may not become effective earlier than 30 days after submission 
of such notification. 
In the event of bankruptcy or winding-up proceedings, the 
Employees' Guarantee Fund will cover claims from employees up to 
a ceiling set at present at DKR 75 000. Payment is made when the 
claim has been filed and duly substantiated to the Fund, cf §4 
of the Employees' Guarantee Fund Act. 
8. Under the Working Environment Act, working time must be so 
organised as to allow employees a rest period of at least 11 
consecutive hours. Employees are also entitled to 24 hours off 
work each week, in direct continuation of a daily rest period of 
11 hours. 
Under the Holidays Act all employees in Denmark are entitled to 
annual holidays with pay or a holiday allowance corresponding to 
the wages earned. For public servants this right follows from an 
agreement in accordance with the Public Servants Act. 
The Holidays Act and Public Servants Act entitle employees to 30 
days' holiday, corresponding to 5 weeks. No conditions apply to 
holiday entitlement, but the right to payment during holidays is 
conditional upon qualifying for such through employment during 
the calendar year preceding the holiday year (the holiday year 
runs from 2 May to 1 May the following year). 
There is no general requirement for employment contracts to be 
drawn up in writing in Denmark. However, in some fields there is 
a statutory requirement for a contract in writing. Terms of 
employment are mainly fixed by collective agreements 
supplemented by collective arrangements at company, regional, 
federation or central organisational level. 
57 
SOCIAL PROTECTION 
10. The Danish social security system comprises a number of general 
schemes which apply to all persons who have their permanent 
residence in Denmark. Early retirement pension, old-age pension 
and sickness insurance are financed out of taxation, and 
entitlement to benefits is not dependent upon prior employment 
or income. 
Only Labour Market Supplementary Pension and unemployment 
benefit are based on contributions from employees. Membership of 
an unemployment insurance fund is voluntary. 
If an employee loses his job, is not entitled to unemployment 
benefit as a member of an unemployment insurance fund and does 
not have sufficient means to support himself or his family, 
assistance may be granted under the Social Assistance Act. Under 
this Act the public authorities are required to grant assistance 
to any person residing in Denmark who needs guidance or 
practical or financial assistance for himself or his family. 
However, if a person needs permanent assistance who is not a 
Danish national and has not been living in Denmark for at least 
two years with a view to taking up permanent residence, a 
decision may be taken to repatriate that person. 
The general rules on unemployment insurance are laid down in the 
Act on the Public Employment Service and the Unemployment 
Insurance System etc. 
The unemployment insurance system is voluntary and is 
administered by the unemployment insurance funds which are 
associations of private groups of employees or self-employed 
persons. There are 39 state-recognised unemployment insurance 
funds with about 2 000 000 members. They are closely related to 
the trade unions and other occupational organisations, but 
admission to an unemployment insurance fund is not conditional 
upon membership of such an organisation. 
In order to become state-recognised an unemployment insurance 
fund must admit members from one or more occupations or fields 
and have at least 5 000 members. 
Unemployment insurance is financed through membership 
contributions, employers' contributions and by the state. The 
membership contribution is an annual amount corresponding to 
eight times the amount of maximum daily cash benefits. The 
employer's contribution forms part of the labour market 
contribution which is 2)6% of the VAT basis of the undertaking or 
similar. 
To obtain unemployment benefit in the event of unemployment it 
is necessary to belong to an unemployment insurance fund. 
Persons between 16 and 65 years having their residence in 
Denmark (except Greenland and the Faroe Islands) may be admitted 
- 58 -
to an unemployment insurance fund if they are employed as an 
employee within the occupational field covered by that fund; 
they must also, during the ten weeks prior to their application 
for admission, have been so employed for more than 300 hours, 
(for part-time employed persons at least 150 hours and not more 
than 300 hours), or. be able to prove that they can obtain and 
actually do obtain such employment immediately following their 
admission, or_ have completed vocational training of at least 18 
months' duration within the occupational field covered by the 
fund and file an application for admission within two weeks of 
completion of the training, or. be self-employed (except on a 
temporary basis) to a significant extent, or. participate in the 
self-employed activities of their spouse (on more than a 
temporary basis and to a significant extent) or. be performing 
military service. Apprentices under the age of 18 years may not 
be admitted. Persons working part-time may normally be admitted 
to an employment insurance fund as part-time insured members. 
Members who do not have their primary income from paid 
employment or who cannot be considered to be seeking permanent 
employment must withdraw from the fund (exceptions include 
members undergoing training, members receiving a voluntary early 
retirement pension or partial pension). Members undergoing 
training, or for some reason temporarily not seeking work, may 
retain membership and thus entitlement to unemployment benefit 
in the event of unemployment on completion or interruption of 
the training or on expiry of a short period during which they 
have for other reasons temporarily not been seeking work, if 
they otherwise satisfy the conditions for entitlement to 
unemployment benefit. Persons receiving a voluntary early 
retirement pension or partial pension retain membership 
irrespective of these rules. 
In connection with dismissal, temporary lay-offs, expiry of a 
fixed-term contract, etc. the employer is required to pay 
members of an unemployment insurance fund unemployment benefit 
corresponding to the maximum daily rate calculated in relation 
to the number of hours for which the member was employed. This 
applies only to members who have been working for the employer 
under a full-time employment contract for one week out of the 
preceding four. 
Entitlement to unemployment benefit is conditional upon one 
year's membership of a state-recognised unemployment insurance 
fund, although apprentices and others who have not satisfied the 
admission conditions and persons who have completed vocational 
training of more than 18 months' duration are entitled to 
unemployment benefit after one month's membership. Entitlement 
to benefit lapses when the member attains the age of 67 years. 
Entitlement is further conditional upon the member having been, 
prior to each payment of benefit, employed or self-employed for 
at least 26 weeks out of the previous three years. For part-time 
employees the requirement is 17 weeks. Only employment in 
membership periods is taken into account. Special rules apply to 
members who perform self-employed activities as a secondary 
occupation. The unemployed person must be registered as a job 
seeker with the public employment service and be available for 
work. 
- 59 -
Unemployment benefit amounts to 90% of previous earnings 
(individual rate) but may not exceed maximum daily benefit. For 
part-time employees maximum benefit amounts to two thirds of the 
benefit payable to full-time insured persons. A special lower 
rate applies to apprentices not eligible for membership of the 
fund, persons who have completed vocational training of at least 
18 months' duration and persons performing military service. As 
a general rule, the amount of benefit is reduced when members 
perform paid or unpaid work. Any concurrent payment of pension 
relating to previous employment relationships is offset. As a 
general rule, unearned income does not affect the amount of 
unemployment benefit. 
The Act also contains rules on holiday pay. Appeals against the 
decisions of the unemployment fund may, in principle, be lodged 
with the Directorate of the Unemployment Insurance System. 
Unemployment benefits are taxable as A income. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
11. In Denmark there is nothing to prevent employers from joining 
employers' organisations or employees from setting up trade 
unions. In accordance with case law, employers and employees 
also have a legal right to be members of organisations relevant 
to the exercise of their occupation. 
In the public sector, administrative law does not allow 
membership of an occupational organisation to be imposed as a 
requirement for taking up or holding a job. In the private 
sector, it is unlawful to dismiss employees for failure to join 
a union or other organisation. 
12. Guidelines for the conclusion and renewal of collective 
agreements have been laid down between the social partners and 
may thus differ from one occupational field to another, as 
negotiations take place between the individual federations or 
associations. Negotiations and the conclusion of collective 
agreements are, as in the case of any other agreement, left to 
the parties involved. However, the state supports the social 
partners' negotiations through the independent Conciliation 
Service which monitors negotiations and ballots on the outcome. 
13. Under the special machinery set up to resolve industrial 
disputes it is not, as a general rule, lawful to strike during 
the currency of a collective agreement (the so-called "peace 
clause"). 
Work stoppages are, however, allowed where payments are 
suspended or where urgently required by virtue of considerations 
pertaining to life, honour or welfare. In all other cases 
conciliation must be attempted before any stoppage. 
- 60 -
The conciliators appointed by the Minister of Labour may under 
certain specified circumstances call in the parties for the 
purpose of negotiations where the negotiations between the 
parties themselves have failed to lead to the conclusion of an 
agreement. The conciliators are empowered on two occasions to 
defer for a two-week period industrial action for which notice 
has been given. 
14. Under the Public Servants Act public servants have no right to 
strike. This also applies to the armed services and the police 
where most posts are filled by public servants. 
VOCATIONAL TRAINING 
15. There are two equivalent means of access to vocational training, 
namely through practice and through school. 
In principle, vocational training is open to all persons who 
have completed compulsory basic education under the Schools Act 
(competence in Danish may be required). The Minister of 
Education may lay down rules restricting access to institutions 
for certain types of training in view of the employment 
opportuni t ies. 
In addition, new legislation covering practical training has 
been introduced. The Traineeship Opportunities Act has created a 
range of new possibilities, and one result is that more 
companies than before can now be approved as training 
establishments. Suitable students who cannot find a traineeship 
can, as a consequence of the new Act, be offered alternative 
practical training at a commercial or technical college. The Act 
also authorises vocational colleges to arrange traineeships for 
students in companies. 
Job market training aims (1) to provide vocational training and 
advanced training in line with technological developments and 
labour market needs, thus maintaining and improving the 
vocational skills of semi-skilled workers, skilled workers and 
other similar groups, and (2) to provide preparatory vocational 
training and training to make it easier for persons experiencing 
difficulties in entering or staying in the labour market to find 
a job or start training. The training at (1) is open to persons 
having attained the age of 18 years who have sought or are 
seeking employment within the occupational field concerned. The 
training at (2) is open to persons having attained the age of 18 
years who are experiencing difficulties in entering or staying 
in the labour market. Access to advanced training for skilled 
workers is conditional upon the skilled worker having completed 
the relevant basic vocational training or having obtained 
similar occupational skills in some other way. Retraining is 
also available to the persons who form the target group for job 
market training, as well as to public employees. There are no 
special measures for foreigners, who have to satisfy the same 
- 61 -
conditions, with the exception of special language courses 
offered to immigrants in connection with participation in Job 
market training courses. 
EQUAL TREATMENT FOR MEN AND WOMEN 
16. The first Danish legislation on equal treatment for men and 
women was introduced in 1921 with the Act on equal access for 
men and women to certain posts and occupations. Since 1975 
legislation has been introduced on equal treatment for men and 
women as regards access to employment, maternity leave, etc. 
remuneration, appointment of public committees, commissions, 
etc., and appointment to senior posts in public administration. 
Infringement of equal treatment and equal opportunities 
legislation is punishable by penalties and compensation awards. 
The Danish Equality Council may, at its own initiative or on 
request, investigate all matters in this field. 
Reports are prepared, studies carried out, and conferences 
organised, etc. to raise awareness about problems in this field. 
The Equality Council is at present studying the interaction 
between family life and working life. 
A number of measures have been implemented to alleviate some of 
the problems which arise in connection with the combination of 
family and working life, notably child care facilities and 
maternity leave, with the state contributing to the financing. 
In December 1986 the Danish Government presented its first 
action plan for equality, calling on ministries and other 
authorities to promote equality within their respective fields 
of competence. The ministries submit annual reports to the 
Equality Council on initiatives to promote equality and on the 
results achieved. 
In addition, training measures have been initiated with a view 
to ensuring equality and integration for women on the labour 
market. Thus, special introductory programmes for women starting 
work have been organised and special courses for women arranged. 
The Government has set up an inter-ministerial committee on 
children, one of its tasks being to consider initiatives to 
reconcile working life and family life. In March 1990 the 
Administration and Personnel Department sent out a guide on 
flexible working time to all state institutions with a view to 
promoting such arrangements for employees with children. 
The central organisations on the private labour market extended 
their cooperation agreement from 1 April 1991 so as to ensure 
that all matters which promote equal treatment of men and women 
in the individual enterprise are dealt with by the enterprises' 
cooperation committees and may, if necessary, be brought before 
the Cooperation Board. 
- 62 -
INFORMATION AND CONSULTATION OF EMPLOYEES AND CO-DETERMINATION 
17. Employees have a statutory right to co-determination, in that 
those in public or private limited companies with more than 35 
employees are entitled to elect a number of representatives 
corresponding to half the number of representatives appointed by 
the Annual General Meeting. The same right applies as regards 
the board of the parent company in a group, but only in respect 
of employees in subsidiaries in Denmark. 
In all companies with 10 or more employees, safety and health 
work must be organised in accordance with the Working 
Environment Act, involving representatives of each department or 
work area elected by the employees. 
18. Where access to information is concerned, the most important 
employers' organisations and the public employers have concluded 
agreements with the employees' organisations concerning 
cooperation in enterprises with more than 35 employees. This 
ensures regular information and discussion through a Joint 
cooperation committee on a number of central issues, such as the 
financial situation of the enterprise, the employment situation, 
staff policy, training and retraining. 
HEALTH PROTECTION AND SAFETY AT WORK 
19. Legislation concerning safety and health and work was first 
introduced in 1873 with the Act on work by children and young 
people in factories and similar establishments. In 1889 the Act 
on protection against machinery was introduced, followed in 1901 
by the Act on work in factories and similar establishments and 
public inspection. The scope of this Act was extended in 1913 by 
the Factories Act which remained in force until 1955, 
supplemented by the 1906 Bakeries Act, the 1919 Act on the 
inspection of steam boilers on land and the 1925 Act on work by 
children and young people. In 1954 this legislation was replaced 
by three acts on worker protection, viz. (1) the General Act, 
(2) the Office and Shop Act, and (3) the Agriculture Act. 
At present, safety and health at work is regulated by the 
Working Environment Act of 1975, a framework Act which lays down 
basic principles, with only a few detailed rules. Accordingly it 
contains a number of provisions which empower the Minister of 
Labour and the Director of the National Labour Inspection 
Service to lay down more detailed and revised rules in 
individual fields in cooperation with the social partners. It 
was decided to introduce a framework Act for several reasons. 
Firstly, an act containing many technical details soon becomes 
obsolete. Secondly, a single act cannot provide solutions to all 
problems of the working environment in all types of undertakings 
- 63 -
without becoming too complex. Thirdly, thanks to the form of the 
framework Act, improvements to the working environment - and 
thus the drafting of the administrative regulations issued under 
the Act - can be based on a balanced evaluation of 
considerations relating, on the one hand, to the constant 
improvement of safety and health at work and, on the other hand, 
to the enterprises' need to be able to plan and organise their 
operations properly. 
The framework Act is supplemented by: (1) orders issued by the 
Ministry of Labour, (2) circulars issued by the Ministry of 
Labour, (3) orders issued by the National Labour Inspection 
Service and (4) instructions issued by the National Labour 
Inspection Service. In addition, guidelines are published, both 
in connection with Ministry of Labour and National Labour 
Inspection Service orders and independently. Notices (not in the 
form of rules) are used to inform the social partners about 
various matters, e.g. information about exemptions granted, 
approvals, campaigns, etc. 
The Act aims to create a safe and healthy working environment in 
line at all times with technical and social developments in 
society and to form a basis to allow companies themselves to 
deal with safety and health matters, with guidance from the 
labour market organisations and with guidance and supervision 
from the National Labour Inspection Service. It applies - with a 
few exceptions - to all work performed for an employer. 
Where aviation is concerned, the Act applies only to work on the 
ground, and as regards shipping and fishing only to the loading 
and unloading of vessels (including fishing vessels), dockyard 
work on board vessels and comparable work. 
The Act covers the following fields: safety and health in 
enterprises, Trade Safety Councils, general obligations 
(employers, supervisors, employees, suppliers, fitters, 
repairers, planners, etc., as well as bulding owners), the 
performance of work, the design of the workplace, technical 
equipment, etc. substances and materials, rest periods and rest 
days, young persons under 18 years of age, medical examinations, 
etc. and rules on sanctions and penalties, etc. A number of 
orders, circulars and instructions, etc. have been issued 
pursuant to the Act. The Act is administered by the Ministry of 
Labour and the Labour Inspection Service, which consists of a 
Directorate, a Working Environment Institute and inspection 
distr icts. 
The Directive on the minimum safety and health requirements for 
work with display screen equipment has laid down safety 
regulations for an area not specifically covered by Danish 
legislation. It is to be implemented by 1 January 1993 at the 
latest. 
Danish workers are involved in the decision-making process in 
connection with health and safety at work through their elected 
safety representative in the safety organisation. 
Similarly, through their organisations, workers have the 
opportunity to influence the decision-making processes of 
committees and councils, including the Working Environment 
Counc iI. 
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PROTECTION OF CHILDREN AND ADOLESCENTS 
20. Under the Danish Working Environment Act a minumum age has been 
fixed for certain types of gainful employment. Thus, children 
who have attained the age of 10 years may perform certain types 
of light work. Additional types of light work may be performed 
by children who are at least 13 years old. Finally, there are 
special rules laying down the types of work that young persons 
under 15 and under 18 years may not perform and on circumstances 
to which they may not be exposed at work. 
21. There are no special statutory rules on the wages paid to young 
persons. In the same way as for adults, the wages of young 
persons are mainly fixed by collective agreements. Generally, 
special lower wage rates apply to young workers under the age of 
18. The question may also be settled by individual agreement 
with the employer. 
22. Under the Working Environment Act young persons under the age of 
15 years are not allowed to perform paid work, except for work 
of a light nature for two hours per day. For young persons 
belonging to the employer's household, this prohibition applies 
only to work with technical equipment, etc. which may constitute 
a risk to them. In agriculture the Minister of Labour may lay 
down rules on an age limit lower than 15 years for such work. 
Working time for young persons under 18 years may not normally 
exceed the usual working hours for adults employed in the same 
occupation. Young persons are not allowed to work more than 10 
hours per day in total. Working time must be a continuous period 
interrupted only by appropriate breaks for meals and rest. As 
regards evening and night work, the main rule is that young 
persons under the age of 18 years are not allowed to work after 
10 p.m. 
The organisation of vocational training is regulated on the 
basis of the Act on vocational training schools and the Act on 
vocational training. These rules are largely based on 
cooperation between the public authorities and the social 
partners. 
23. It is also possible for young persons to opt for basic 
vocational training (cf. paragraph 15 above). Such training is 
geared to labour market needs, but also aims to satisfy the 
wishes of society and the individual trainee for basic 
vocational knowledge. 
(4) 
- 65 -
THE ELDERLY 
24. Danish citizens become entitled to Danish old age pension by 
virtue of their residence in Denmark. Each year's residence 
between the age of 15 and 67 years gives a right to 1/40 of the 
full amount of pension. Entitlement to old age pension is not 
related to occupational activities. 
All persons who are nationals of an EC Member State and by 
virtue of employment in Denmark are covered by Regulation 
1408/71 are entitled to payment of a Danish old age pension 
calculated on the basis of the number of years' residence in 
Denmark. The full amount of the Danish old age pension is at 
present Dkr 4 663 per month; this amount is adjusted once a year 
by a percentage based on wage developments. Where this pension 
plus any pensions from previous countries of residence is 
insufficient, additional assistance may be granted in the form 
of a personal supplement. 
All employees must join the statutory Labour Market 
Supplementary Pension scheme, which pays them a supplement to 
their old age pension as from the age of 67. The level is 
calculated on the basis of contributions paid by the employee 
and the employer totalling approximately 1% of earnings. At the 
moment this pension amounts to a maximum of Dkr 1 000 per month. 
25. Any person residing in Denmark has a right to free medical and 
hospital treatment. This right is not conditional upon the 
exercising of economic activity. 
DISABLED PEOPLE 
26. Under the Social Assistance Act the public authorities are 
required to provide assistance to any person who is in need of 
support for the development or reestablishment of his working 
capacity where this is considered necessary to enable the person 
concerned to support himself and his family. A vocational 
rehabilitation plan is prepared and a rehabilitation allowance 
is paid in connection with the implementation of the measures 
envisaged in the plan. In addition, special support may be 
granted for special expenses arising from the person's 
disablement and also for special expenses for training or other 
activities included in the plan. 
In 1991 the experimental arrangements for personal assistance to 
disabled people in employment were made permanent. The purpose 
of these arrangements is to give the disabled the same scope for 
exercising an occupation as the able-bodied. Companies who 
employ disabled people can obtain financial support for the 
remuneration of a personal assistant for the disabled person for 
up to 20 hours weekly. Disabled persons who are independent can 
similarly receive support under the scheme. The personal 
assistant provides help with practical tasks which the disabled 
person cannot perform himself owing to his disablement. 
- 66 -
Furthermore, a special scheme has existed since the mid-1970s, 
whereby disabled people who have difficulties in obtaining 
employment on the open labour market have priority access to 
certain types of suitable jobs in the public sector. 
THE SOCIAL PARTNERS IN DENMARK 
27. In Denmark the social partners are themselves responsible for 
the most important aspects of working and living conditions. 
Accordingly, if they fail to reach agreement there is no 
legislation to fall back on. This does not mean that the state 
does not have any responsibility in the labour market policy 
field, but there is a certain division of tasks between the 
state and the social partners. The state refrains from using its 
powers as long as the labour market is functioning properly 
without legislation. As a result, the organisations and their 
members feel more responsible in relation to the schemes which 
they themselves have agreed than in relation to schemes imposed 
upon them. Another characteristic feature of the Danish system 
is that the same matter may be regulated at more than one level, 
namely through legislation, national collective agreements, at 
company level and at individual level. The advantage of this 
system is that it is very flexible. 
28. This system, which is founded on the principle that the state 
should not intervene in matters of labour law, was developed 
towards the end of the last century and during the early years 
of this century. It was based on the establishment of large 
national organisations of employers and employees. After a major 
industrial dispute in 1899 the workers' and employers' 
organisations recognised each other's right to negotiate and 
enter into collective agreements on wages and other working 
conditions for their members. The agreement also comprised a set 
of rules relating to the right to strike or impose a lockout. 
The principles of this system remain unchanged today, although 
the agreement has been revised several times. Consequently there 
is still a strong tradition that decisions concerning pay and 
working conditions are taken by the social partners themselves 
and not by the state. 
The role of the state is to provide the parties with the 
institutional framework for their negotiations. A neutral, 
independent conciliation board set up under the law intervenes 
if the partners fail to reach agreement. The state has also set 
up a special Labour Court, where specialised judges rule on 
disputes concerning breaches of collective agreements. 
In certain special areas within the labour market and in 
relation to certain special subjects, the legal relationship 
between employers and employees is regulated by fully or partly 
binding legislation drawn up in conjunction with the social 
partners. 
- 67 -
ZS • Most employees in Denmark are members of national unions, each 
covering a specific trade or occupation. A large number of 
unions, with around 1.42 million workers (1990) out of the total 
workforce of about 2.9 million (1989), are affiliated to the 
Federation of Danish Trade Unions (L0). Others have Joined the 
Federation of Public Servants' and Salaried Employees' 
Organisation (FTF) and the Central Organisation of Academics 
(AC). More than 80% of Danish employees are union members. 
The employers belong mainly to the Danish Employers' 
Confederation (DA) and the Federation of Employers in 
Agriculture (SALA), but there are also other employers' 
organisations. Although the membership rate on the employers' 
side is lower than on the employees' side, these two central 
organisations of employers set standards, and it is usually 
possible for a union to conclude an agreement with a non-member 
employer on terms similar to those laid down in the agreement 
with the Danish Employers' Confederation. 
It should be mentioned in this connection that the public sector 
- i.e. the state and the counties and municipalities - now 
accounts for one third of the labour market, making it the 
country's largest employer. Most areas within the public sector 
are regulated by collective agreements similar to those applying 
in the private sector. 
30. As regards EC cooperation in the field of labour market and 
social questions, the social partners in Denmark are actively 
involved in the decision-making process all the way from the 
Commission initiative stage to the determination of the Danish 
position in connection with adoption by the Council. The 
implementation of directives etc. also takes place in 
cooperation with the social partners, in some cases through 
collective agreements, although the state retains overall 
responsibiIity. 
-€»8 -
FRANC E 
- 69 -
FREEDOM OF MOVEMENT FOR WORKERS 
Question 1 
Articles 6 and 13 of Decree No 81-405 of 28 April 1981 transposing 
into French national law Directives 64/221 of 25 February 1964 and 
68/360 of 15 October 1968 state that a residence permit may not be 
refused to a worker entitled to freedom of movement except on 
grounds of public order, public safety or public health. 
Question 2: 
The French authorities ensure that the provisions guaranteeing the 
right of residence to workers from the European Economic Community 
are applied. 
Access to all professions and occupations for EEC workers is 
accorded under the same conditions as those applied to French 
nationals. 
However, subject to further progress on the equivalence of diplomas, 
the main obstacle to the free movement of workers still seems to be 
the non-recognition of vocational qualifications. 
New initiatives 
The most important new initiative to reinforce freedom of movement 
is the bill to introduce miscellaneous provisions relating to the 
public service, which is currently going though the adoption 
process. This bill provides for an Article 5bis to be added to the 
general statutes covering civil servants (Law of 13 July 1983), to 
allow access for Community citizens to certain bodies, job groups or 
jobs in the French public service. 
This will be implemented by amending the specific statutes governing 
public service bodies, so that they specifically allow foreigners to 
apply for such jobs through the competition process and set out any 
restrictions concerning certain jobs within the bodies concerned. 
Question 3 
Article 10 of Regulation 1612/68, the provisions of which are 
incorporated into Article 1 §k) of Decree No 81-405 of 28 April 
1981, gives the members of a worker's family the right to install 
themselves with that worker. 
The family members installed with a worker from an EEC Member State 
thus enjoy equal treatment with French nationals, with specific 
reference to the arrangements for social assistance, housing 
assistance and loans, vocational training, grants, social 
protection, etc. 
70 -
Recognition of diplomas 
A clear distinction must be made between the recognition of diplomas 
for academic and occupational purposes. 
In France, the State is not concerned with the academic recognition 
of diplomas, which is entirely the responsibility of higher 
education establishments. 
However, the Ministry of National Education, through its National 
Academic Recognition Information Centre, encourages the mobility of 
students, teachers and research workers within the Community by 
providing them with information on studies and university courses 
abroad. 
The recognition of diplomas for occupational purposes is covered by 
the Directive of 21 December 1988 on a general system for the 
recognition of higher-education diplomas awarded on completion of 
professional education and training of at least three years' 
duration, which is currently being transposed by the departments 
responsible for supervising the regulated professions in question. 
Furthermore, common training courses are set up by training bodies 
acting in partnership with up to three or four institutions in other 
Member States, either under Community programmes or on their own 
in it iat ive. 
The qualifications awarded on completion of these courses are 
awarded on a joint basis or on the principle of mutual recognition. 
They may then be recognised by employers' organizations (cf. Chamber 
of Commerce and Industry). 
Frontier workers 
The living and working conditions of frontier workers are improved 
by regulations providing for unemployment benefit, pursuant to 
Community Regulation 1408/71 (Articles 68 and 71 I a ii). A 
frontier worker without employment receives compensation from the 
country of residence according that country's legislation, as if he 
or she had been subject to this legislation when employed in his or 
her last job. 
Where benefits are calculated on the basis of previous earnings, it 
is the wage received by the beneficiary for his or her last job 
which is taken (Fellinger judgment of 28 February 1980). 
Consequently, a frontier worker living in France receives benefit 
from the ASSEDIC in accordance with French legislation and on the 
basis of the wage received for his or her last job. 
Other measures now being introduced include the creation of European 
Citizens' Advice Bureaux to provide frontier workers on both sides 
of borders with information on working and living conditions in the 
country in which they work. An ECAB is already operating on an 
experimental basis to serve the border between Nord-Pas de Calais 
- 71 -
and Hainaut, making use of the WalIonian employment service and the 
French national employment agency (ANPE). 
Other ECABs are currently at the planning stage, in the first 
instance for the Rhône Alpes-Northern Italy region. 
Finally, there are also computerized systems for the exchange of 
information on vacancies between the employment services of : 
WalIonia and Nord-Pas de Calais 
Baden-WUrttemberg and Lorraine 
Saar/Rhineland-Palatinate and Alsace. 
Such systems also exist between Italy (Piedmont) and Rhône Alpes, 
but still on a manual basis. 
EMPLOYMENT AND REMUNERATION 
Quest ion 4 
Apart from conditions relating to competence which apply to certain 
professions, there are no general provisions preventing access to 
employment for certain persons. 
Quest ion 5: 
Fair rémunérât Ion 
The free determination of wages is a fundamental principle of French 
labour law. The employer is free to fix the form and amount of an 
employee's remuneration, who may then accept or reject the terms. 
However, this freedom is applied within a legal framework comprising 
limits established by legal and agreement-based guarantees. 
The "minimum growth wage" (SMIC) guarantees the purchasing power of 
lower-paid employees. Instituted by the Law of 2 January 1970, it is 
an hourly wage linked to changes in the national consumer price 
index, thus guaranteeing its purchasing power. Furthermore, in order 
to ensure that the employees concerned benefit from the economic 
progress of the nation, the minimum growth wage is also increased in 
line with general economic development. The annual rise in its 
purchasing power cannot therefore be less than half the rise in 
purchasing power of the average hourly wage rate. At 1 July 1992 the 
minimum growth wage stood at FF 34.06 per hour, giving a monthly 
remuneration (for 169 hours) of FF 5 756.14 gross and a minimum of 
FF 4 711 net, calculated over 52 weeks. 
All collective agreements applicable to specific sectors guarantee a 
minimum remuneration. So that this is realistic, in other words 
higher than the statutory guarantee provided by the minimum growth 
wage, the government has encouraged employers and employees to 
negotiate. In 1990 the Commission Nationale de la Négociation 
- 72 -
Collective laid down the objectives to be achieved through sectoral 
negotiation within two years: 
no agreement-based minimum wage to be lower than the minimum 
growth wage; 
classification scales taking account of technological change and 
new forms of work; 
career development prospects for all employees. 
The most recent review (1 June 1992) found that these objectives had 
largely been achieved. 
In February 1990 the wage of the lowest-paid category of worker in 
one sector in four was less than 80% of the minimum growth wage. By 
June 1992 this was down to one sector in twelve. 
Wages of atypical workers 
Workers on fixed-term contracts and temporary workers must enjoy the 
same rights as the company's other employees. Their remuneration 
must be at least equal to that which other employees of the company 
with equivalent qualifications and employed in the same job would 
receive after a trial period. They are also entitled to benefits to 
compensate for the non-permanency of their employment. The end-of-
contract gratuity payable to employees with fixed-term contracts was 
increased to 6% of gross remuneration by the Law of 12 July 1990 on 
encouraging the stability of employment by amending the system of 
non-open-ended contracts. Similarly, temporary employees are 
entitled to an end-of-job gratuity of 10%. 
Part-time workers, i.e. employees working reduced hours amounting to 
at least one fifth of the statutory or agreement-based working time, 
must receive a remuneration equivalent to that of their full-time 
counterparts calculated on a pro rata basis in accordance with their 
working time. 
Withholding, seizure or transfer of wages 
To ensure that workers retain the necessary means of subsistence for 
themselves and their families, French law places a limit on the 
withholding, seizure or transfer of wages. The amount remaining is 
sufficient to provide a minimum subsistence income for the employee 
and his or her family. 
The Law of 9 July 1991 reaffirms this principle and establishes 
certain procedures for its application. 
Quest ion 6: 
Any person seeking paid employment can benefit from public placement 
services free of charge by registering with the national employment 
agency. 
- 73 -
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
Quest ion 7: 
Duration and organisation of working time 
The statutory weekly working time is 39 hours, and 130 overtime 
hours per year may be worked by each employee at his or her 
discret ion. 
Since 1982, the duration and organisation of working time have been 
covered by a series of reforms forming part of a general movement 
towards flexibility and diversity of contract conditions in 
preference to a standardised statutory norm. 
The Order of 16 January 1982 offers the following possibilities: 
exemption by an agreement covering the sector as a whole or the 
company concerned from the working time organisation procedures 
laid down by the Decrees of 1937; 
organisation of weekend shifts as an exemption, by agreement 
applicable to the sector or company, from the principle of 
Sunday rest. 
The Law of 13 November 1982 made it compulsory for companies to hold 
negotiations at least once a year on the effective duration and 
organisation of working time. 
The Law of 28 February 1986 introduced provisions on the 
organisation of working time (flexibility of working time, rest 
days), making them dependent upon sectoral negotiations. The Order 
of 1 August 1986 lays down similar provisions for intermittent work. 
The Law of 19 June 1987 redefines and harmonises certain procedures 
for organising working time, including compensatory leave, 
flexibility and cycles. It permits continuous work on economic 
grounds and exemptions from the ban on night work for women in 
industry. Regarding implementation of these provisions, it gives 
priority to collective bargaining, whilst on the flexibility of 
working time and intermittent work it offers a choice between 
sectoral and company negotiations. 
This Law has been supplemented on a number of points by the Law of 3 
January 1991, which includes two parallel objectives: 
reorganisation of working time by extending the duration of 
equipment use and encouraging job sharing; 
more control by employees over their working time, making it 
easier for them to reconcile the demands of their work with 
those of their family and social life. 
Following the judgment of the Court of Justice of the European 
Communities of 25 July 1991 to the effect that the ban on night work 
by women in the Labour Code contravened Directive 76/207, France 
- 74 -
renounced ILO Convention No 89. As night work has many very 
different forms depending on the sector, the two sides of industry 
were called upon to negotiate. These negotiations now having been 
completed, the government is proposing to table a draft law 
generally based on ILO Convention No 171, offering all night workers 
certain compensations and guarantees, i.e. a reduction in working 
time, additional remuneration, and measures to protect their health, 
guarantee access to vocational training and allow them to reconcile 
their family life with their working life. 
A debate has been opened recently on the pros and cons of relaxing 
the rules to allow shops to open on Sundays. A new regulation is 
being drafted which, whilst reaffirming the principle of Sunday 
rest, makes provision for updating the list of permitted exemptions. 
At the same time the penalties for contraventions will be increased 
and stricter controls imposed. 
Fixed-term contracts 
Without detracting from the benefits of short-term contracts, which 
reflect the real need of companies to adapt employment to short-term 
economic fluctuations, the Law of 12 July 1990 amended the rules 
applicable to fixed-term employment contracts and temporary work in 
order to improve the monitoring and control of these forms of 
employment. As a result, they are permitted only for precise tasks 
and in specific cases set out in the Law. Such contracts may not 
have the objective or effect of employing the workforce needed for a 
company's normal, ongoing activities. 
Furthermore, non-permanent workers may not be employed by 
establishments which have recently made workers redundant on 
economic grounds, and the previous ban on the temporary employment 
of workers in particularly dangerous jobs is extended to cover 
fixed-term contracts as well. 
Stricter controls on the use of non-permanent labour also derive 
from the provisions on the duration and renewal of contracts. The 
maximum duration, including renewal, is reduced to 18 months (from 
24), with a number of specified exceptions. Furthermore, neither 
form of non-permanent contract may now be extended more than once. 
To help prevent occupational accidents to atypical workers, the Law 
includes important provisions on safety, particularly increased 
safety training for employees assigned to workplaces presenting 
specific hazards, according to a list drawn up by the company. 
The Law introduces new penalties for infringements of the 
regulations on fixed-term contracts and increases existing ones 
relating to temporary work and the illegal subcontracting and hiring 
out of labour. 
In 1991 several agreements were concluded improving the rights of 
non-permanent employees in respect of vocational training 
(supplement of 8 November to the agreement of 3 July on the right of 
workers with fixed-term contracts to individual training leave; 
agreement of 15 October on the training of employees of temporary 
employment agencies. 
- 75 -
Part-time work 
The Orders of 26 March 1982 and 11 August 1986 guarantee part-time 
employees a status comparable to that of full-time workers. 
The Law of 3 January 1991 introduced an important innovation, namely 
that workers now have a right to work part-time, whereas previously 
it was up to the employer to offer this possibility. The procedures 
for the application of this right are negotiated by the employers 
and employees. 
A report submitted to the Minister of Labour in March 1992 takes 
stock of these negotiations and proposes new measures to promote 
part-time work. Job-sharing is a priority objective of the 
government, and a draft law is currently being prepared. 
Procedures for collective redundancies 
Before effecting collective redundancies on economic grounds, the 
employer must consult the workforce representatives and respect 
certain time-limits. The workforce representatives may call in 
experts. These formalities differ depending on whether the number of 
employees involved over a 30-day period is less than ten, or ten or 
more. 
Under the Law of 30 December 1986, the authorities no longer have to 
give permission to the employer for redundancies on economic 
grounds, but must merely be informed of plans. 
Employers must take measures to limit the number of redundancies or 
to assist the redeployment of employees whose redundancy cannot be 
avoided. Such measures include redeployment agreements allowing the 
employees concerned to receive a guaranteed level of income, 
together with training, over a period of six months. 
Employees made redundant are entitled to a redundancy payment. 
In accordance with the provisions of Law No .... of .... on the 
occupational integration minimum income (RMI), the rules on 
collective redundancies will be applicable in the event of 
substantial changes to a contract of employment on economic grounds 
and to voluntary redundancies. This extension of the scope of the 
regulation complies with the European Community Directive adopted by 
the Council on 30 April 1992. 
Bankruptcies 
Under the terms of the Law of 25 January 1985, a company is subject 
to compulsory financial restructuring or liquidation proceedings 
when it can no longer meet its payments, i.e. when its liabilities 
cannot be covered by its available assets. 
The current arrangements for the compulsory financial restructuring 
of companies are designed to safeguard the industrial potential and 
the jobs which go with it. 
- 76 -
The works committee must be informed and consulted before the 
suspension of payments is announced or, if compulsory financial 
restructuring proceedings are started against the company, before 
any decision on the continuation of activities is made, and when a 
financial restructuring plan is being drafted. Representatives of 
the works committee must be heard by the court. 
The works committee may inform the court or public prosecutor of any 
facts indicating the suspension of payments by the company. The 
court adopts a financial restructuring plan or pronounces the 
liquidation of the company. 
All employers must insure themselves against the risk of non-payment 
of sums due to their employees, including those seconded or employed 
abroad. The relevant scheme is operated by the Association pour la 
Gestion du Régime d'Assurance des Créances des Salariés (Association 
for the management of the insurance scheme covering debts to 
employees) and is financed by contributions from employers. 
Quest ion 8: 
Since the Order of 16 January 1982, employees have been entitled to 
2 1/2 working days of annual paid leave per month effectively worked 
for the same employer between 1 June of the previous year and 31 May 
of the current year, giving five weeks of annual leave. 
Employees have a legal right to a weekly rest period of at least 24 
consecutive hours. Except where an exemption is granted, this must 
be on Sunday. Decrees adopted in 1937 extended this right by making 
provision in many sectors for two consecutive rest days per week. 
Question 9 
The Law required only contracts valid for a limited time (e.g. 
fixed-term contracts, apprenticeships contracts, temporary 
contracts, etc.) and part-time contracts to be drawn up in writing. 
However, the conclusion of agreements made the use of written 
contracts more general. 
The Directive on proof of an employment relationship adopted on 14 
October 1991 is currently being transposed into national law. 
SOCIAL PROTECTION 
Question 10 
a) Generally speaking, social protection on a personal and 
compulsory basis is granted to employed and self-employed 
persons exercising a paid occupational activity. The members of 
the insured person's family may also be entitled to certain 
benefits (health insurance, survivors' pensions, etc.) 
- 77 -
There are four main groups of statutory systems (general system 
for employees, special systems for employees, systems for non-
agricultural self-employed workers, agricultural holders' 
scheme), each of which applies to a given socio-professional 
category or set of categories and provides protection against 
the various risks covered by French social security (illness, 
maternity, death, invalidity, accidents at work, old age, 
widowhood, dependants). Unemployment insurance is not included 
in the French social security system. 
The general system is by far the largest, covering some 82% of 
insured working persons against illness and maternity (benefits 
in kind, i.e. reimbursement of the costs of medical treatment, 
hospitalisation, medicines, etc.). 
French social security is therefore organised on the basis of a 
group of statutory systems which are managed under the 
supervision of the competent authorities. 
b) French social security, the objective of which is to guarantee a 
sufficient level of benefits to the individuals concerned 
(mainly workers), is financed primarily by contributions (90% in 
the case of the general system, with 27% and 73% funded by 
employees and employers respectively). These contributions are 
levied on occupational income (from paid employment or self-
employment) and substitute incomes (retirement pensions, 
unemployment benefit, early retirement pensions). 
However, certain special schemes covering only a small number of 
persons are financed mainly by state contributions and 
transferred revenue. The agricultural system is also financed 
mainly by state subsidies, appropriated taxes and transfers. 
c) French social security was originally linked to the exercising 
of an occupational activity, but the entire population now has 
access to social protection, at least as far as family benefits, 
sickness and maternity benefits in kind, and old age are 
concerned. 
It should be noted in this connection that: 
the right to family benefits is not dependent on 
occupational activity; 
employed workers who do not meet the conditions of 
entitlement to sickness and maternity benefits under the 
general scheme (minimum 200 hours of paid activity per 
quarter or levied contributions for a period of six months 
on a salary of at least 1040 times the hourly minimum growth 
income) are covered - subject to explicit refusal on their 
part - by the "personal insurance" scheme, which provides 
them with benefits in kind equivalent to those under the 
general scheme. 
non-active persons not covered against illness and maternity 
as members of a worker's family may receive cover under the 
- 78 -
"personal insurance" scheme if they so wish; 
finally, persons who have previously been covered by 
compulsory social insurance may continue to be covered 
against the risks of invalidity, old age and widowhood by 
subscribing to voluntary insurance. The same applies to 
parents with dependent children in respect of pension 
insurance. 
d) French legislation includes provisions to allow persons excluded 
from the labour market and with no means of subsistence to 
receive sufficient benefits and resources: 
regarding access to health care, the personal insurance 
contributions of the persons mentioned under c) may, where 
such persons do not have sufficient resources, be covered by 
social assistance or the family benefits scheme as 
appropr iate; 
there are also a number of provisions to guarantee a minimum 
level of resources for the most deprived, namely the 
"occupational integration minimum income" (RMI) introduced 
by Law No 88-1088 of 1 December 1988 for all persons unable 
to work, the "old-age minimum" pursuant to Volume VI I I of 
the Social Security Code, the disabled adult's allowance 
pursuant to Articles L.821-1 et seq. of the Social Security 
Code and the single parent's allowance granted according to 
the conditions laid down in Articles L.524-1 et seq. of the 
same Code (FF 2 962 per month plus FF 987 per dependent 
child as from 1 July 1992). 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
Question 11 
The freedom to join or not join a union is established in the 
preamble to the Constitution. 
Organisations wishing to operate under the Law of 21 March 1984 on 
trade unions must comply with a number of formalities. The founders 
of a trade union must provide the local authorities of the place 
where the union is established with its articles of association and 
the names of the persons responsible for administration or 
management. These few simple formalities are part of the "prior 
declaration" arrangements, which apply to the freedom of 
association. Their objective is to provide information and openness 
and they exclude any institutionalised control by the authorities. 
French legislation does not therefore contain any obstacles to the 
formation of professional or trade union organisations by European 
Community employers and workers. 
Failure to respect this freedom is subject to penalties. 
- 79 -
Question 12 
Agreements may be negotiated at interprofessional, sectoral or 
company level. 
Whatever the level of negotiation, only the representative trade 
union organisations may negotiate with the employers' organisations 
or groups or with one or more individual employers. Representative 
trade union organisations are: 
the organisations affiliated to one of the five confederations 
considered to be representative at national and 
interprofessional level: Confédération française démocratique du 
travail (CFDT), Confédération française des travailleurs 
chrétiens (CFTC), Confédération générale des cadres (CGC-FE), 
Confédération générale des travailleurs (CGT), Confédération 
Force-Ouvrière (CGT-FO), 
organisations which have demonstrated that they are 
representative at the level at which negotiations are taking 
place (this is assessed on the basis of their membership and 
independence). 
For an agreement to apply, it is sufficient for it to have been 
signed by an employer or employers' organisation and by a union 
which is representative of the employees. Unanimous agreement of 
ail negotiating parties is not essential. 
However, agreements do not apply to all companies. To counter this 
drawback, the Ministry of Labour may adopt an Extension Order to 
make a sectoral agreement applicable to all companies whose main 
economic activity is that of the sectoral and which are in the 
geographic area specified in the agreement. Extension of a sectoral 
agreement thus means that it applies to all companies in the 
sectoral, even where the employer is not a members of one of the 
employers' organisations which have signed it. 
Negotiations may be entered into at any time at the initiative of 
the negotiators on subject of their choice. However, negotiations 
on certain subjects are compulsory, at intervals laid down by the 
Law of 13 November 1982, as follows: 
at company level: wages and the duration and organisation of 
working time must be negotiated every year in all companies with 
at least one union delegate; the procedures for applying 
workers' right of direct expression must be negotiated in 
certain companies. 
at sectoral level: all employers' and employees' organisations 
which are party to a sectoral agreement must negotiate wages at 
least once a year and categories at least once every five years. 
Furthermore, the Law of 31 December 1991 requires employers and 
employees to hold fresh negotiations on vocational training at 
least once every five years. 
- 80 -
Quest ions 13 and 14 
The right to strike 
The right to strike is guaranteed by the Constitution, the preamble 
to which states that it shall be exercised within the scope of the 
laws governing it. However, this framework of laws has been invoked 
only to a very limited extent. 
In the private sector there is only a single legal provision, which 
is that a strike does not terminate a contract of employment except 
in the event of serious misconduct by an employee; any dismissal in 
contravention of this principle is null and void. In view of this 
almost complete absence of legislation, the courts have developed a 
system of praetorian law applying to strikes. 
Procedures for settling disputes 
The Law of 13 November 1982 sets out the procedures for settling 
collective labour disputes. 
In the event of a dispute, the parties may either take the matter to 
a conciliation committee which attempts to bring together the 
different points of view, call in a mediator whose job is to propose 
a solution which the parties are free to accept or reject, or ask an 
arbitrator to work out a solution which is then binding on both 
part ies. 
VOCATIONAL TRAINING 
Question 15 
French legislation, i.e. the Laws of 16 July 1971 and 31 December 
1991, states that all members of the workforce have a right to 
training. However, access to training varies according to the 
status of individuals (whether they are employed or seeking 
employment, whether they are in the private sector or public sector, 
etc.). 
Persons seeking employment 
Training is accessible to all persons seeking employment (regardless 
of nationality) and consists of traineeships approved, for the 
purposes of remuneration of trainees, by the State or Regional 
Councils and, where appropriate, financed by them. The persons 
concerned have the status of "trainees undergoing vocational 
training" and are covered by the social security system. 
Special measures exist for certain groups: 
young people aged between 16 and 25 without vocational 
qualifications are offered individual sandwich traineeships or 
(5) 
- 81 -
employment contracts. They receive a remuneration commensurate 
with their age from the State or employer; 
the long-term unemployed (more than one year) can also benefit 
from traineeships or employment contracts including sandwich 
training (return-to-employment contracts). 
Former employees who are receiving the basic unemployment insurance 
allowance have a special status. They can undergo training aimed at 
facilitating their reintegration. These measures are financed by 
the Regional Councils. The persons concerned receive an allowance 
calculated on the basis of their previous wage. 
Persons exercising an economic activity 
PrIvate-sector empIoyees 
These persons may receive training as part of their company's 
training plan or by taking training leave. 
A training plan is drawn up and financed by the company concerned. 
It enables employees to receive training which is usually linked to 
their vocation or function. Trainees' wages are paid by the 
employer. 
The Law of 31 December 1991 extended the legal obligation on 
employers to finance such a plan to all companies (previously it had 
applied only to those with more than 10 employees). 
The various forms of training leave allow employees to absent 
themselves from work to undergo training of their choice or take an 
exam. Their remuneration is generally suspended by their employer, 
but they remain covered by the social security system and retain 
their entitlement to paid holiday, rights connected with length of 
service, etc. 
Individual training leave allows all employees with a personal 
training project to undergo training during working time (full-time 
or part-time). Training may be financed by a joint organisation 
approved under the individual training leave system, which also 
covers part of the trainee's remuneration. 
The other main types of training leave are: 
young-worker's training leave, for persons under 26 years of age 
who wish to acquire a first vocational qualification; 
youth leader training leave, for persons under 25 years of age 
for the purpose of training in sporting, cultural or social 
activity leadership; 
economic, social and trade-union training leave for the purposes 
of training in a trade union or workers' training centre. 
- 82 -
State and local government employees 
Civil servants, whether established or employed on a contract, can 
attend training organised or approved by their authority. They 
continue to receive their salary during training. 
They may also apply for training leave, although the conditions 
which apply are less favourable than for private-sector employees. 
Independent persons 
The Law of 31 December 1991 also gave the self-employed and members 
of the liberal and non-wage-earning professions the right to 
continuing vocational training. Such training is financed by a 
contribution payable by these categories of persons (0.15% of the 
social security ceiling) to mutual funds administered by approved 
bodies. 
Provisions facilitating access to training 
Individual Ised training entitlement 
Individualised training entitlement, originally introduced on an 
experimental basis for unemployed persons under the age of 26, was 
extended by the Law of 4 July 1990 to cover all persons seeking or 
in employment without a level V vocational qualification of use on 
the labour market. The system provides for the personalised 
supervision of training by correspondence and applies mainly to 
trainees paid by the State, persons made redundant for economic 
reasons and receiving reintegration training, young people on 
sandwich training contracts, and employees on individual training 
leave. Training is planned on the basis of a personal and vocational 
skills assessment and must be aimed at acquiring a recognised 
vocational qualification corresponding to the needs of the economy. 
Skills assessment 
The Law of 31 December 1991 allows all employees to acquire a skills 
assessment by giving them the right to skills assessment leave. In 
other words, every employee now has the possiblity of obtaining an 
analysis of his skills, aptitudes and motivations in order to plan 
his vocational future. 
An assessment may be produced only with the worker's consent, and 
the result may not be sent to any other party without such consent. 
The persons producing assessments are bound by professional 
confidentiality. A skills assessment is the right of every worker 
with five years' service as an employee, including 12 or 24 months 
in the company, depending on whether he is employed under a fixed-
term contract or not. The Law lays down the rules for access to 
skills assessment for employees in the context of a company's 
training plan. 
- 83 -
Guidance contract 
A guidance contract allows young people without qualifications to 
prepare a career plan before starting a Job or training course. A 
local guidance contract allows young people aged 16-17 to discover 
which trades and professions are found in local authorities, 
associations and state establishments. 
Are these systems the responsibility of the public authorities, of 
undertakings or of the two sides of industry? 
Continuing vocational training involves the State, as well as 
companies, local and regional authorities, state establishements, 
public and private educational institutions, and professional, 
trade-union and family organisations. 
Continuing vocational training places considerable emphasis on 
collective negotiation. 
The arrangements for continuing vocational training are the result 
of initiatives by the two sides of industry (collective agreements) 
and the State authorities (laws and decrees). 
Financing 
Continuing vocational training is financed mainly by companies, the 
State and the regions. 
Since 1971 companies have had a legal obligation to contribute 
towards the financing of training. This contribution is additional 
to apprenticeship tax, which is intended mainly to finance 
apprenticeship contracts. Since decentralisation, financing by the 
authorities is broken down into State and regional funding. Although 
companies, the State and the regions finance continuing vocational 
training each in their own domain, joint financing is encouraged. 
The State and regions may decide to provide Joint financing of 
State-regional plan contracts under the five year objectives. 
Aid is given to companies and sectors with three essential 
objectives in mind, namely to create optimum conditions for the 
negotiated modernisation of the economy, integration of 
technological change and adaptation to increased competition on the 
markets, to involve employees in the implementation of negotiated 
modernisation, and to help unqualified employees obtain a first 
qua I ificat ion. 
Forecasting contracts and training development commitments are 
priority tools. The principles of State activity reflect four lines 
of concern: to ensure that a contract takes the form of an agreement 
on the company's training policy over several years, to ensure that 
the funding provided for in the agreement represents a substantial 
increase over the previous level of expenditure and normal practice 
within the sector, to improve the quality of the company's training 
plan, and to make use of several levels of intervention, i.e. 
sectoral or interprofessional group agreements and individual 
agreements with specific companies, with all such contracts capable 
- 84 -
of being managed at national or regional level. 
Companies can finance training for their employees, Join a training 
insurance fund, or contribute to the financing of training for job-
seekers. 
Continuing vocational training is provide by the authorities, 
companies and professional or joint bodies (state and private 
training bodies are also among the main players). 
The Regional Councils are free to draw up their own training 
policies as long as they comply with the relevant laws and 
regulations. Other local and regional authorities (departments and 
municipalities) may be actively involved in continuing vocational 
training. 
Companies and professional organisations play a major part in 
providing continuing vocational training. 
Professional and trade-union organisations are involved not only in 
preparing continuing vocational training measures, but also in 
implementing them by consulting and creating specialised Joint 
inst itut ions. 
Training plan 
A company's training policy is translated into an annual training 
plan which is submitted to the workforce representatives (works 
committee) for an opinion. 
This annual consultation on the training plan takes place at two 
special meetings. 
The works committee is asked for its opinion on the recruitment, 
integration and training of young people in the company, and is 
informed about practical traineeships offered to young people 
receiving basic technological or vocational training and the 
assistance offered to teachers who provide such training and to 
guidance counsellors. It is also consulted about training given in 
the company to pupils and students during compulsory practical 
training periods which form part of technological or vocational 
training courses. 
The trade-union delegates also receive information on these 
questions. 
The multiannual training programme takes account of the 
objectives and priorities of vocational training as set out, 
where applicable, in the sectoral or occupational agreement. 
Special institutions for the development of training 
Special institutions responsible for improving vocational training 
help companies to set up their programme. Training insurance funds, 
joint bodies approved under the individual training leave system and 
- 85 -
approved mutual funds are set up by the two sides of industry and 
approved by the State. 
The principal task of these joint institutions is to help finance 
training operations and provide assistance for companies and 
employees. Training bodies set up by employers' associations also 
exist. Membership of all the above is sometimes optional, but may 
be compulsory under legal provisions or agreements. 
Technological change and increased international competition 
necessitate a more general improvement in the level of qualification 
of the working population as a whole, and it is for this reason that 
the apprenticeship system has been modernised and extended to higher 
levels of training. Large sums are earmarked for continuing 
training and apprenticeship training for engineers in order to have 
an annual output of the qualified engineers needed. The Bill on the 
modernisation of apprenticeship training is currently under 
discussion and is expected to be passed before the autumn, thus 
allowing negotiations on a five-year plan to start. 
EQUAL TREATMENT FOR MEN AND WOMEN 
Question 16 
1. Occupation 
Law No 83-635 of 13 July 1983 transposed Directive 76/207/EEC of 
9 February 1976 into national law. 
It enables action promoting equal treatment for men and women to 
be stepped up in various ways. 
The Law set up a High Council for equal opportunities at work 
which is made up of representatives of the administrations most 
concerned with equal opportunities, including the Directorate 
for Employment Relations, representatives of trade union 
organisations, representatives of employers' associations and 
individual experts. 
This Council was set up on 17 July 1984. It was chaired by the 
Minister for Women's Rights, then by the Minister for Social 
Affairs and Employment and is now chaired by the Secretary of 
State for Women's Rights and Consumption. It has an advisory 
role on documents relating to equal opportunities or conditions 
of employment for women and every two years receives a report on 
equal opportunities at work, which lists action taken in this 
field by ANPE (National Employment Agency), AFPA (Association 
for Adult Vocational Training), ANACT (National Agency for the 
Improvement of Working Conditions), the Labour Inspectorate and 
the National Commission for Collective Bargaining. 
The Law created several instruments for achieving its aims 
(respect for equal rights and equal opportunities for men and 
women): 
- 86 -
an instrument for diagnosing the situation in companies: a 
report on the comparative position of men and women 
(obligatory in companies with more than 50 employees); 
an instrument for negotiation: an agreement on equal 
opportunities at work (at company or branch level); 
financial aid: contracts covering equal opportunities at 
work later complemented by contracts to make Jobs open to 
both sexes, aimed particularly at small and medium-sized 
companies and industries. 
The latter encourage diversification of the Jobs occupied by 
women and facilitate their access to qualifications in areas 
where they are under-represented. 
State aid for companies has two aims, namely to promote 
diversification of women's employment and to encourage them to 
obtain qualifications or jobs where they are in a minority (80% 
men). 
Since February 1992 the scope of the measure has been extended 
in that it is now applicable to companies with up to 600 
employees, the previous ceiling having been 200. 
New provisions were issued in 1989 to eliminate discrimination. 
Law No 89-549 of 2 August 1989 made negotiation on measures to 
remedy any irregularities statutory. Negotiation mainly covers: 
conditions of access to employment, training and promotion 
working and employment conditions. 
The negotiations take place between the trade unions and 
employers' organisations which have concluded a sectoral or 
professional collective agreement (Article L 123-3-1 of the 
Labour Code). 
Law No 89-488 of 10 July 1989 made it possible for companies 
with fewer than 300 workers to conclude an agreement with the 
State to enable them to receive financial aid (maximum 
FF 70 000) to examine how they stood with regard to equal 
opportunities at work and what could be done to restore equality 
for women and men (Article L 123-4-1 of the Labour Code). It 
also reinforced the process of bringing collective agreements 
into line with current legislation where there were clauses 
which did not provide for equal treatment (Implementing Decree 
No 92-353 of 1 April 1992). 
At the request of. the Secretary of State for Women's Rights and 
Consumption, a working party has been set up to draft a guide to 
equal opportunities at work. 
- 87 -
2. Social security 
A. In general, equal treatment for men and women has been largely 
achieved, and discrimination against women eliminated in social 
secur ity 
For wage earners, a general provision in Law No 89-474 of 10 
July 1989 placed a ban on all discrimination in social security 
and continuing training for hospital personnel: Article 6 of 
this law created Article L 731-2-1 (subsequently L 731-4) of 
the Social Security Code, which is intended to outlaw any 
discrimination between men and women in pension and welfare 
agreements, collective agreements and in the statutes, 
regulations and rates annexes of supplementary pension and 
welfare institutions. 
This Article states - with some exceptions - that clauses which 
do not comply with the principle of equal treatment for men and 
women and which are not removed or duly amended before 1 January 
1993 will be null and void as from this date. 
Instructions for implementing this provision were issued to 
supplementary retirement and welfare institutions in a 
ministerial letter of 16 August 1989. 
These provisions are applicable to agricultural workers pursuant 
to Article 9 of the above-mentioned law, and the supplementary 
welfare and retirement institutions were informed thereof by a 
letter, dated 21 December 1989, from the Minister responsible 
for them. 
For non-wage-earners not employed in agriculture, a similar 
provision should soon figure in a Bill on social security. 
B. Any discrimination which still exists is mainly in favour of 
women 
This is true of the reduction in some social security schemes 
(either statutory or supplementary) of the age of entitlement to 
pension rights for widows, the option of early payment of a 
pension after bringing up children, and the increase in 
insurance credits for bringing up a child or children. 
In this context it should be noted that full application of the 
principle of equal treatment would result either in the 
elimination of discrimination in favour of women - which might 
be regarded as a step backwards in social terms - or the 
extension to men of the same provisions - the cost of which 
would be very high. 
3. Specific cases 
The rights of spouses of self-employed workers who have no 
occupational status 
It should be stressed that French legislation largely provides 
for equal treatment of husbands and wives of self-employed 
workers, both as regards the option of Joining a social security 
- 88 -
scheme, acknowledgement of work performed and protection in the 
event of pregnancy and motherhood. 
1. Crafts and industrial and commercial occupations are covered 
by Law No 82-596 of 10 July 1982 which greatly improved the 
status of the spouses of craftsmen and traders participating in 
the activities of the company by giving them the freedom to 
choose between three options: 
paid spouses enjoying the same social security rights as 
other paid workers (general insurance scheme), 
associates regarded as entirely separate craftsmen or 
traders (self-employed workers' scheme), 
helpers who, as they do not benefit from a statutory pension 
scheme, may Join the self-employed workers' scheme on a 
voluntary basis to acquire their own pension rights. 
In addition, Decree No 86-100 of 4 March 1986 enabled the 
latter, under certain conditions, to contribute retrospectively 
for certain periods of activity previous to their joining the 
scheme on a voluntary basis. 
Law No 89-1008 of 31 December 1989 on the development of 
commercial and craft enterprises and the improvement of their 
economic, legal and fiscal environment granted spouses of owners 
of one-man companies with limited liability the right to join a 
self-employed workers' pensions scheme on a voluntary basis if 
they were not covered by the statutory scheme. Decree No 91-897 
of 5 September 1991 Article D 742-25-2 of the Social Security 
Code) lays down the procedures. 
2. As regards the liberal professions. Article L 643-9 of the 
Social Security Code as amended by Law No 87-588 of 30 July 1987 
now enables surviving spouses to add their own rights, 
irrespective of which social security scheme they were acquired 
under, to their derived entitlements, up to the limits 
established by Article D 643-5 of the Code. 
In addition, Decree No 89-526 of 24 July 1989 gave spouses 
helping members of the liberal professions the possibility of 
acquiring their own old-age pension rights (with the scheme for 
the profession concerned). 
3. As regards lawyers. Article 5. I M of Law No 89-474 of 10 
July 1989 enacting provisions relating to social security and 
continuing training of hospital personnel was complemented by 
Article L 724-6 of the Social Security Code to enable spouses of 
lawyers helping in the practice to join the pension scheme for 
non-agricultural self-employed workers on a voluntary basis. A 
draft decree for implementing this provision is currently being 
prepared. 
4. As regards sickness and maternity insurance for all self-
employed workers in non-agricultural occupations, it should be 
noted that the above Law of 10 July 1982 introduced maternity 
- 89 -
allowance (intended to compensate partially for loss of 
earnings) and a replacement benefit (intended to make good the 
expenses incurred in replacing the self-employed workers at home 
or at work) both for women who were themselves engaged in 
industry, commerce, the crafts or a liberal profession and were 
personally affiliated to the self-employed workers' scheme, and 
for spouses helping their partners in the above activities. 
Finally, Law No 89-1008 of 31 December 1989 provides for 
maternity benefits to be extended to the unpaid spouses of the 
head of a company, if this is a one-man, limited-liability 
company. The Law amends Article L 615-19 of the Social Security 
Code accordingly. 
Measures to improve childcare facilities for young children 
The policies pursued in the past few years have been aimed at 
reconciling family and occupational commitments. Efforts have been 
made to increase and improve childcare facilities so that each 
family can choose how many children it wishes to have and how they 
are to be educated, particularly at preschool age. Diversity in the 
childcare facilities on offer to parents is one of the factors 
enabling them to make these choices. 
The work undertaken in this field covers all forms of childcare for 
children under 6, both permanent and temporary childcare, and care 
for older preschool children. 
The government is keen to develop various types of childcare by 
improving grants for childminders and introducing childcare 
contracts. 
Specific approaches are being examined in cooperation with the 
parties involved (local government, family credit institutions and 
family associations). 
In addition, it should be noted that financial assistance is granted 
to working parents who wish to have their child cared for at home. 
A childcare at home allowance, introduced by Law No 86-1307 of 29 
December 1986 (in force since 1 April 1987), can be allocated, 
irrespective of the parents' means, to households (or to a single 
person of either sex) employing one or more persons at home to look 
after at least one child under three years old, if both parents (or 
the single parent) work. 
This allowance (maximum FF 6000 per quarter) is intended to cover 
the costs of the social security contributions (employers' and 
employees') involved in employing somebody to care for children at 
home. The family credit institution transfers contributions 
directly to the union for the recovery of social security 
contributions and family allowances (URSSAF), thus avoiding the need 
for employers to advance them. 
Households also benefit from a tax reduction amounting to 25% of 
expenditure (maximum FF 15 000 per year per child). 
- 90 -
FamiI y employment 
As from 1 January 1992 parents (or a single parent) employing a 
person to look after children at home qualify for the new "family 
employment" tax concession. This is more advantageous than the 
existing "childcare" concession (with which it cannot be combined). 
Households may deduct from their tax a sum equal to 50% of 
expenditure (wages and social security contributions) up to a 
maximum of FF 25 000. The maximum tax benefit is therefore 
FF 12 500 per year. 
Childcare facilities for children under school age 
Children under three years old whose parents both work are taken 
care of: 
by nurseries (collective, family and parental) - 18% 
by approved childminders - 26% 
by means which are not recognised officially: non-approved 
nurses, grandparents, family, neighbours - 56% 
For occasional childcare, day nurseries currently offer 
approximately 37 000 places. 
Parental nurseries are set up on the initiative of parents or 
professional childcarers. Parents are more directly involved in 
running them, but they are relatively unstable institutions. 
Creation of childcare facilities is mainly the task of local 
authorities. The responsibility for this policy is shared between 
the State (via regulations), the network of family credit 
institutions and local authorities (municipalities and departments), 
and sometimes companies and works committees. 
Two instruments set up by the National Family Credit Institution 
(CNAF) have enabled a contract policy to be developed: nursery 
contracts between 1983 and 1989 and childcare contracts from 1989 
onwards cover all childcare facilities admitting children up to 6. 
These contracts make CNAF assistance for childcare facilities for 
children under school age (including "extra-curricular" activities) 
more flexible and more extensive. Since 1 January 1991 they have 
been extended to the overseas departments. 
At present there are almost 220 000 places in childcare facilities 
as against 100 000 in 1980. 
Given the present lack of childcare facilities, the use of a 
childminder remains the most common solution for children under 
three. New provisions should make it possible to improve the 
quality of this alternative. These cover: 
- 91 -
FamiI y aid 
Family aid has been significantly improved by two measures. The 
first of these is the creation by the Law of 6 July 1990 of aid to 
families for the employment of a childminder, with effect from 
1 January 1991. Under this Law, the chiIdminder's social security 
contributions are covered by the family credit institutions. The 
burden on the families concerned is eased by direct payment and the 
simplification of formalities. Its scope is wider than that of the 
special childminder allowance, which it replaces. 
The second measure supplements the above by providing an additional 
monthly allowance of FF 509 per child under 3 and FF 305 per child 
between 3 and 6. This new increase in childminding aid came into 
effect on 1 January 1992 for periods of employment after that date, 
and is reviewed twice a year. 
This increase is additional to the single parent allowance and the 
occupational integration minimum income. It also brings with it a 
tax reduction similar to that linked to the childcare at home 
a Ilowance. 
Furthermore, implementation of a temporary provision on access to 
employment as a childminder is designed to make it easier for 
unauthorised childminders to regularise their situation, in the 
context of measures relating to family employment (Article 17 of Law 
No 91-1046 of 31 December 1991). This measure applies to the period 
1 January 1992 to 30 June 1992. Families employing a childminder 
whose application for approval is being dealt with can also obtain 
both childminding aid and the additional allowance. This temporary 
measure is expected to be extended. 
Reform of the status of childminders 
The Order of 26 December 1990 on social security contributions for 
the employment of a childminder gives childminders social rights on 
the same lines as all other employees. It took effect on 
1 January 1991 for childminders employed by families and on 
1 January 1992 for those employed by local authorities. 
Law No 92-642 of 12 July 1992 on childminders supplements and amends 
that of 17 May 1977. It maintains their obligation to obtain prior 
approval and makes training compulsory. Finally, their remuneration 
is reassessed (2.25 times hourly minimum growth income per day per 
child as from 1 January 1993, compared with twice minimum growth 
income at present). 
Creation of a "young children's municipality" label 
In order to encourage the contract system for childminding, an 
information campaign aimed at local authorities was undertaken in 
1991, in close collaboration with the French Mayors' Association. 
Around 50 municipalities with dynamic policies in this area were 
designated "young children's municipalities". This continued in 
1992. 
92 -
Reform of regulations on childcare facilities for young children 
The Law of 18 December 1989 made provision for the harmonisation of 
childcare facilities for young children, which are currently 
regulated by very old and diverse legislation (Decree and Order of 
12 August 1952) concerned mainly with health supervision in 
nurseries and kindergartens. The regulations have been revised and 
updated, above all to allow more flexibility. A corresponding 
Decree is currently being prepared. 
Nursery schools 
These take children between 3 and 6 years of age. 
80% of 3-year-olds are at nursery school 
almost 100% of 4-year-olds are at nursery school. 
Special leave for working parents 
Parental leave 
Any man or woman who can provide evidence of at least one year's 
service is entitled to parental leave for up to three years after 
the birth of a child or arrival of an adopted child. Applications 
are made for one year at a time. Both the mother and father (natural 
or adoptive) are entitled to parental leave, which can be granted to 
both of them simultaneously or at different times. It can either 
take the form of complete absence from work, during which the 
employment contract is suspended, or part-time work with a free 
choice between a minimum of 16 hours a week and a maximum of 80% of 
full-time working hours. This arrangement, which makes parental 
leave more flexible and replaces the previous concept of half-time 
work by part-time work, was introduced by provisions governing 
working hours in Law No 91-1 of 3 January 1991 on employment. 
Parental leave is a right except in companies with fewer than 100 
employees, where the employer can refuse it if, after consulting the 
works committee or staff delegates, he thinks that the absence of 
the employee would have consequences detrimental to the sound 
operation of the company. 
After the period of parental leave the employee is entitled to 
return to the same Job or a similar job with at least equivalent 
pay. Half of the period of parental leave is credited for the 
purposes of any benefits accruing from length of service. 
Parental benefit (a family benefit created in 1985 and extended to 
three years in 1986) can be paid to one of the parents who is not 
working after the birth of a third child, as long as he or she has 
worked at least two years during the previous ten. Should the 
parent return to work after the child's second birthday he or she 
may work up to 50% of the normal working hours and receive 50% of 
the benefit, provided that the parent received the full benefit 
previously. This measure is intended to make it easier for the 
parent receiving benefit to return to work. 
- 93 
A quantity study of this type of leave is currently being carried 
out in the public and private sectors in order to obtain more 
information about the employee groups which make use of it and the 
companies and authorities concerned. The study is being co-financed 
by the Ministry of Labour, the Office of the Secretary of State for 
Women's Rights and Consumption, the Office of the Secretariat of 
State for Family Affairs, and the National Family Credit 
Institution. At a later stage a quality study will be carried out 
in order to analyse practices. Both studies will make a distinction 
between full-time and part-time parental leave. 
Postnatal leave 
Any parent who does not fulfil the conditions for parental leave (at 
least one year's service) can apply for leave to bring up a child 
(Articles L 122.28 and L 122.30 of the Labour Code). There are no 
conditions of length of service or number of employees in the 
company. Unlike other forms of leave, postnatal leave involves 
terminating the contract of employment, but the employee retains 
priority if he or she wishes to return to the company. 
Leave for family events 
Leave for the birth of a child 
This comprises three days for each birth or arrival of a child for 
adoption. These three days (either consecutive or not, as agreed 
between the employer and the employee) must be taken when the event 
occurs unless a collective agreement offers more flexibility. 
According to the Labour Code, any employee may take leave for the 
birth or adoption of a child. In principle, both the father and the 
mother may do so. However, this possibility is somewhat 
theoretical, at least in the case of a birth, as the mother will 
already be on maternity leave and cannot combine both types of 
leave. She could take leave for adoption provided that she does not 
take adoption leave (duration equal to postnatal maternity leave). 
See the appended sheet for other leave for family reasons. 
Provisions covering employees when a child is ill (minor children's 
aiIments) 
Where such provisions exist they are set out in collective 
agreements. Any agreements concluded after the adoption of the Law 
on equal opportunities at work of 13 July 1983 provide for leave to 
be open to both fathers and mothers. 
A study on this subject financed by the Office of the Secretary of 
State for Women's Rights and Consumption is now available. Entitled 
"Leave when a child is ill - initial sociological analysis", it was 
carried out by a research team from the National Scientific Research 
Centre under François de Singly. The study was commissioned as a 
result of the recommendations of the working party set up by the 
Council for Equal Opportunities at Work on the subject of company 
management and consideration of family responsibilities. 
- 94 -
LEAVE FOR FAMILY EVENTS 
(Art. L-266-1 of the Labour Code) 
Leave 
Birth 
Marr iage 
Death of 
spouse 
Death of 
chi Id 
Marriage 
of chiId 
Death of 
father 
Death of 
mother 
Law of 19 . 
Death of 
brother 
Death of 
sister 
Mi I itary 
caiI-up Beneficiaries 
A11 workers 
ii 
H 
•i 
n 
lanuary 1978 orar 
The following 
are excluded: 
homeworkers, 
casuaI, 
seasonaI and 
temporary 
workers Durat ion 
3 days 
4 days 
2 days 
1 day 
1 day 
its workers 
1 day 
3 days Formal it ies 
Evidence to 
be provided 
on request of 
company 
II 
•I 
•I 
II 
with at least 3 
•I 
•I Effects on the 
the contract of 
employment 
None - employee 
remains on fulI 
pay 
II 
•1 
II 
H 
months' service: 
•I 
•I 
Collective agreements may offer longer periods 
of leave or leave under other circumstances 
- 95 -
Measures to help single-parent families 
In the more special cases of isolated persons (or single-parent 
families) the situation is largely covered by family benefit 
legislat ion. 
Special benefits are payable. 
Family income support, introduced by the law of 23 December 1970 and 
amended by the law of 22 December 1984, helps a surviving spouse, a 
single parent or a foster family to bring up any children whose 
charge they assume. The full rate (orphans, or spouse not receiving 
subsistence pension) is FF 592 per child, and the partial rate (all 
other cases) FF 444 per child. 
The single parent's allowance, introduced by the law of 9 July 1986, 
is designed to provide temporary aid (subject to means-testing) to 
widows, people who are separated de jure or de facto, who have been 
deserted, or who are single and have to look after at least one 
child on their own. Reviewed on 1. July 1992, the allowance is now 
FF 2 962 for the parent and FF 997 per dependent child. 
Current regulations also allow single women who are heads of 
families and have a dependent child to receive housing benefit, 
subject to means-testing. 
Such persons may also continue to benefit from an increase in their 
tax a Ilowance. 
It should be stressed that the childcare at home allowance is a 
measure which is chiefly of benefit to single-parent families. 
Finally, important provisions have been enacted to combat isolated 
women's unemployment by means of specific social and occupational 
integration measures (training or retraining). 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
Question 17 
Given the principle of territoriality, national legislation cannot 
require multinational companies to set up a system for the 
information and consultation of employees in establishments situated 
outside France. 
Nevertheless, nine French groups have set up an information and/or 
consultation system for their employees within Europe, at their own 
expense. These are Airbus Industrie, BSN, Bull, Elf Aquitaine, 
Carnaud, Péchiney, Rhône-Poulenc, Saint-Gobain and Thomson. There 
is a certain degree of diversity in the systems introduced, other 
groups have announced their intention to follow these examples. 
- 96 -
Question 18 
The main characteristics of the workforce representation system in 
France are shown in the attached table. 
16) 
WORKS COMMITTEES WORKFORCE DELEGATES UNIONS 
UNION REPRESENTATIVES 
on the works committee 
to assist the workforce delegates UNION DELEGATES 
SCOPE Election compulsory in all 
industrial, commercial and 
agricultural concerns, public and 
ministerial departments, liberal 
professions and partnerships, 
trade unions, mutual societies, 
social security institutions, 
associations, public industrial 
and commercial establishments, 
etc. with at least 50 employees. Election: 
- compulsory in all industrial, 
commercial and agricultural 
concerns, public ind ministerial 
offices, liberal professions and 
partnerships, trade unions, 
mutual societies, social security 
institutions, and associations or 
other bodies established under 
private law with at least 11 
employees; 
- at the initiative of the 
Departmental Director of Labour 
or at the request of the unions 
at sites where at least 50 
persons are employed. Optional appointment by each 
representative union: 
- of a representative at works 
committee meetings; 
- where appropriate, of a non-
permanent representative to 
assist the workforce delegates 
meetings with the employer. at Each representative union has 
the right to: 
- set up a union branch in any 
concern; 
- appoint union delegates in 
concerns with at least five 
employees, or alternatively a 
workforce delegate assuming the 
functions of union delegate in 
concerns with fewer than 50 
employees. (Conventional union 
delegates may also be appointed 
in concerns with fewer than 50 
employees.) 
APPOINTMENT - Electors: employees aged 18 years or over who have been working in 
the concern for at least three months. 
- Eligibility: employees of the concern who have worked there at 
least one year, are at least 18 years of age, and are not related to 
the head of the concern. 
- Term of office: 
2 years renewable - Term of office: 
1 year renewable Appointment by trade union 
organisations: 
- the representative on the works 
committee must be selected from 
among the concern's workforce and 
must meet the works committee 
eligibility criteria; 
- the assistance workforce del­
egate may be an employee of the 
concern of an external person, as 
long as trade union organisation; 
- term of office: at the dis­
cretion of the trade union 
organisation. Appointment by the 
representative unions in the 
concern: 
- the union delegate must be at 
least 18 years of age and have 
worked in the concern for 1 year; 
- term of office: at the 
discretion of the trade union 
organisation. I 
LÛ 
DUTIES - Economic and employment 
matters: information and 
consultation before any decision 
concerning the organisation, 
management and general operation 
of the concern; regular 
information on the activities, 
status and results of the 
concern. 
- Social and cultural matters: 
management of social and cultural 
activities in the concern; 
monitoring of certain social 
institutions. 
- Negotiation and conclusion of 
profit-sharing and participation 
contracts. - Presentation to the employer of 
individual and collective demands 
concerning application of the 
Labour Code and relevant 
agreemments; referral to Labour 
Inspectorate of complaints and 
observations from the workforce. 
- Communication to the works 
committee and CHSCT of 
suggestions from the workforce. 
- Economic responsibilities of the 
works committee and joint manage­
ment of social arrangements in the 
event of absence or default of the 
works committee; the responsi­
bilities of the CHSCT in the event 
of its absence or default; where 
applicable, responsibilities of 
union delegate in concerns with 
fewer than 50 employees. - To represent the union on the 
works committee. 
- To assist workforce delegates 
at meetings with the employer. - To represent the union in 
dealings with the head of the 
concern and to defend the rights 
and interests of the workers. 
- To participate in the trade 
union delegation negotiating 
and concluding collective 
agreements. 
- To direct trade union action 
in the concern. 
Source: "Liaisons sociales" 
Special edition of 23 May 1991 
- 98 
French legislation also requires companies with more than one 
establishment to set up a central works committee as well as 
individual establishment committees. Groups of companies must also 
have a group committee. 
Information and consultation of workers come under the main 
functions of works committees, which are concerned with all economic 
and vocational questions. Furthermore, in some fields their 
responsibility is laid down in specific terms. This applies to all 
the subjects mentioned in the question. Transfrontier workers are 
not given special treatment, but their situation is covered by the 
general framework of information and consultation concerning the 
situation and developments in respect of employment and 
qua Ii f icat ions. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
Question 19 
Community Direct Ives and labour law 
The development of health and safety at work in Europe brought to 
light the fact that certain hazards were not specifically covered by 
French regulations and that regulations in some areas had become 
obsolete. 
European law therefore helps to plug a number of gaps. The 
Directive on display screen equipment, for example, ensures that 
more attention is paid to the working conditions of the employees 
concerned, whose number is rising steadily as a result of the 
development of computer systems. The same applies to the Directive 
on biological agents, which establishes principles of prevention 
aimed at providing workers likely to be exposed to pathogenic 
biological agents with effective protection against possible 
infect ion. 
European law also plays a part in the modernisation of French 
regulations. This applies, for example, to risks connected with 
handling heavy loads, protection against the risks related to 
carcinogens, and the design and use of machinery, plant and 
personal protection equipment. 
Transposai of recently adopted Directives will have a similar 
effect. As regards protection of pregnant women, French legislation, 
though generally more favourable to female employees, will be 
improved in several respects (absence for prenatal check-ups, change 
of job for women working nights or in hazardous conditions, etc.). 
Similarly, the Directive on mobile work sites will cause the 
application of safety rules to be extended to self-employed workers. 
The Law of 31 December 1991 amended the Labour Code and Public 
Health Code to incorporate seven European Directives on health and 
safety at work, including the framework Directive. 
- 99 -
Worker participation 
Committees on hygiene, safety 
instituted by the Law of 23 
employees' representatives with 
areas. Their consultation on all and working conditions (CHSCTs), 
December 1982, closely associate 
the action to be taken in these 
these questions is compulsory. 
The Law of 31 December 1991 extends the right to training of 
workforce representatives on CHSCTs to all companies, allows 
committees to make wider use of experts and permits them to take 
preventive action. Finally, the creation of CHSCTs in the 
construction and civil engineering industries is now subject to the 
same statutory conditions as elsewhere. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
Quest ion 20 
The statutory minimum employment age 
exempt ions: is 16 years, with the following 
young people who can provide evidence of having completed the 
first stage of secondary education may enter apprenticeships at 
the age of 15; 
young people of school age undergoing alternance training may, 
during the last two years of their compulsory school education, 
follow training courses on adaptation to working life in 
approved companies which have agreements with their school; 
children may be employed in agriculture from the age of 15 if 
they are entering an apprenticeship or if they have completed 
the first stage of secondary education. During the last two 
years of their school education (i.e. from the age of 14 in the 
case of pupils engaged in alternance training), young people may 
attend basic or practical training courses in approved 
agricultural enterprises; 
young people over 13 may 
(Law of 3 January 1991). do light work during school holidays 
Quest ion 21 
The preamble to Article 18 of the Constitution prohibits 
discrimination based on age by stating that all persons performing 
equal work or functions or having an equal grade or responsibility 
have the right to equal rewards and treatment. In other words, the 
work performed is the sole reference criterion. 
However, the Law states that young people under 17 and between 17 
and 18 years of age may be paid on the basis of the minimum growth 
wage reduced by 20% and 10% respectively, if they have less than six 
- 100 -
months' job experience in the sector concerned. Similarly, some 
sectoral collective agreements provide for reductions in minimum 
wage levels as a function of age. The justification for these 
reductions is not the inferior value of young persons' work, but 
their lack of Job experience and the working time spent on training. 
Quest ion22 
Duration of work 
Young people under 18 years of age may not work more than 8 hours a 
day or 39 hours a week. 
In exceptional cases, exemptions may be granted by the labour 
inspector responsible up to a limit of five hours per week, subject 
to approval by the establishment's occupational physician. 
Night work 
Young workers under 18 years of age may not work between 22.00 and 
6.00. 
Exemptions may be granted by the labour inspector for commercial and 
entertainment establishments. Exemptions in the hotel and catering 
industry have to be established by a Conseil d'Etat Decree; the 
bakery industry is covered by the Decree of 4 February 1988. In 
this case the young people concerned are entitled to 12 hours 
consecut ive rest. 
Publ ic hoiIdays 
Young people under 18 years of age may not work in industry on 
statutory public holidays. 
Paid leave 
Workers under 21 years of age on 30 April of the previous year are 
entitled to 30 working days leave, whatever their length of service. 
Vocational training 
Young people aged between 16 and 25 with no vocational 
qualifications are offered individual sandwich traineeships or 
employment contracts, as described in detail in the reply to 
Question 15. 
Quest ion 23 
Basic vocational training is the responsibility of two ministerial 
departments, the Ministry of Labour, Employment and Vocational 
Training (activities described in the reply to Question 15) and the 
Ministry of National Education. 
The basic vocational training system instituted by the Ministry of 
National Education is as follows: 
- 101 -
Vocational secondary schools admit pupils as from the end of the 
fourth year and prepare them for a vocational studies diploma 
(BEP) or certificate of vocational skills (CAP). Young persons 
who have obtained a BEP or CAP may then study for a 
technological or vocational Baccalauréat, with the objective of 
entering working life. 
Higher technological education (short courses): 
university institutes of technology offer two-year courses. 
Students awarded the university diploma of technology (DUT) 
at the end of the second year may exercise a profession with 
supervisory responsibilities in the secondary or tertiary 
sectors; 
advanced technician departments offer more highly 
specialised courses than the university institutes of 
technology. After two years of study, a higher-level 
diploma in technology (BTS) is awarded, available in 87 
specialised subjects; 
short-duration paramedical training offered by universities 
takes the form of a two or three-year course as appropriate, 
allowing successful students to practice speech therapy, 
hearing aid dispensing or psychomotor development. 
University institutes of professional skills (IUP) represent a 
similar approach, attempting to tailor the training offered to 
suit the needs of the employment market. Holders of a DUT or BTS 
may enter the second year of an IUP. At the moment these 
institutes offer training, at Baccalauréat + 4 level, in five 
areas, namely engineering, communications, administration, 
commerce and financial management. 
Provisions for the integration of young people. It is part of a 
school's Job to assist the vocational integration of all its 
pupils. Such help is provided above all through the system for 
the integration of young people into the national education 
system (DIJEN). The objective of this system is to provide 
unqualified young people with a further possibility of gaining 
access to the national education system and to foster the 
occupational integration of young people holding a level IV 
diploma (level III under the European classification). 
Agreements between school establishments and integrated training 
establishments (CEEFI) are currently being worked out to enable 
the education system to monitor young people with problems until 
recognition of a qualification acquired in a company (over a 
period of approximately two years). 
- 102 -
THE ELDERLY 
Quest ion 24 
a) The general social security system (the largest of the French 
systems, as already mentioned, covering employees in the private 
sector and certain public companies) guarantees a retirement 
pension from the age of 60 to any worker applying for it. There 
is no qualification period for entitlement. 
The pension is calculated as a percentage of the average wage of 
the 10 best years, with a maximum of 50%, and as a function of 
the length of the person's working life, maximum 37.5 years (150 
quarters). 
To this pension must be added any pension from supplementary 
schemes (also compulsory), representing an average of 20% of 
average career wage. Taken as a whole, former blue-collar 
workers with a complete career (150 quarters) will have a 
retirement pension of around 80% of their last net wage. 
Percentages differ slightly for white-collar staff. 
b) If the insured person has fewer than 150 quarters of 
contributions, pension rights are reduced proportionally. 
However, certain categories of insured persons laid down in 
Article L.351-8 of the Social Security Code (invalids, persons 
unfit for work and, in any event, all those aged at least 65) 
receive a pension at the full rate (50%) even if they do not 
meet the 150 quarter requirement. 
Any person receiving this rate of 50% is entitled to the mini mum 
pension, without being subject to means-testing (Article 
L.351-10 of the SSC). This amounts to FF 2 959.54 per month (as 
of 1 July 1992) for a complete career of 150 quarters. For 
shorter careers it is calculated on a pro rata basis. 
In any event, an increased pension may be paid to insured 
persons who had low wages and/or very short careers covered by 
the system, subject to age and means-testing, first of all up to 
the level of the benefit paid to former employed workers 
(FF 1 316.67 per month) (Article L.814-2 of the SSC) and then, 
where applicable, to the "old age minimum" through a 
supplementary allowance from the National Solidarity Fund (FNS) 
amounting to FF 1 773.33 per month for a single person (Article 
L.815-2 of the SSC). 
It is important to note that most of those whose pensions are 
increased to the level of the former employed workers' benefit 
are women. 
Women are also the main beneficiaries of the supplementary 
allowance from the FNS. This allowance, which constitutes the 
second stage of the old-age minimum, actually supplements, as 
from the age of 65 (60 where the person concerned is unfit for 
work), basic contribution-linked entitlements in such a way as 
to provide all persons with a minimum annual income of FF 37 080 
for a single person and FF 66 520 for a couple. 
- 103 -
Question 25 
a) Any person who has reached retirement age (65, or 60 for those 
unfit for work) but is not entitled to a pension (e.g. because 
he or she has not exercised an occupational activity in France) 
has the right, on submission of an application and subject to a 
means test, to a special allowance (Article L.814-1 of the SSC) 
equal to the above-mentioned former employed workers' benefit, 
which may also be boosted by the supplementary allowance from 
the FNS to reach the "old-age minimum". 
The wife, widow or separated, abandoned or divorced wife of an 
employed or self-employed worker and any woman whose husband has 
disappeared is entitled at the same age to a mother's allowance 
(Article L.813-1 of the SSC) equal to the special benefit (and 
also subject to increase by the FNS supplementary allowance) if 
she has raised at least three children, subject to specific 
condit ions. 
French legislation also contains further provisions guaranteeing 
sufficient resources for the most deprived, i.e. the minimum 
integration income paid to a small number of elderly persons 
(Law No 88-1088 of 1 December 1988) and since 1 July 1992 
amounting to FF 2 224.11 per month, and the disabled adult's 
allowance (Articles L.821-1 et seq. of the SSC), the amount of 
which is the same as the old-age minimum, i.e. FF 3 090 per 
month. 
b) Recipients of the special benefit are also entitled to sickness 
and maternity benefits in kind under the personal insurance 
scheme, their contributions being covered by the Special Fund 
managed by the Caisse des Dépôts et Consignations, which is 
responsible for the special benefit. 
Elderly persons receiving the minimum integration income are 
subject to compulsory membership of the personal insurance 
scheme if they are not covered by any other compulsory social 
security system. Their contributions are covered by the local 
authorities (departments). 
Elderly persons receiving the disabled adult's allowance are 
covered by the general social security system (Article L.381-27 
of the SSC) without payment of contributions. 
In any event, all elderly persons not entitled to a pension, 
whether or not they apply for the special benefit (increased 
where appropriate by the FNS supplementary allowance), the 
minimum integration income or the disabled adult's allowance, 
are entitled to social assistance according to the conditions 
set out in the Family and Social Assistance Code; more 
specifically, coverage of the costs of hospital treatment, 
accommodation (for the elderly and/or disabled), personal 
insurance contributions and medical care at home - the latter 
subject to three years' residence in metropolitan France. 
- 104 -
Furthermore, a mother's allowance is available to women who have 
raised at least five children and who are not entitled to old-
age benefits or whose personal retirement pension is not more 
than the amount of this allowance. 
The mother's allowance may be boosted by the FNS supplementary 
allowance. Both are subject to means-testing. 
DISABLED PERSONS 
Quest ion 26 
Law No 75-534 of 30 June 1975 constitutes the keystone of the social 
protection system introduced in France step by step to benefit the 
disabled and remains the general reference framework for the policy 
implemented in recent years to assist this group. 
The Law makes school, occupational and social integration of the 
disabled a national obligation, with the aim of helping the people 
concerned eventually to achieve as much independence as they are 
capable of. They must therefore be permitted access, wherever they 
possess the necessary skills, to institutions open to the population 
as a whole or, failing this, gradual transfer from a protected 
environment to a less protected one. 
1. Disabled ch11dren 
1.1 Educat ion 
Disabled children and adolescents are subject to compulsory 
schooling, provided by either a normal or special education. 
Where they are educated at a normal school, the State covers 
the costs of accommodation and initial vocational training. 
The costs of accommodation and treatment at special and 
vocational training institutions and of associated treatment 
outside such establishments are covered in full by the 
sickness insurance schemes or, failing this, by social 
assistance. The child's family is not subjected to means 
testing in this connection. 
1.2 Special education allowance 
Where justified by the nature and degree of the child's 
disability, the family (or the person responsible for the 
child) receives a special educational allowance to cover 
part of the additional expenditure involved in the education 
of a disabled child. Three supplements may be added to the 
basic allowance, depending on the degree of the child's 
dependence. The third of these is for parents of severely 
disabled children requiring highly complicated treatment, 
where one parent gives up his or her occupational activity 
or engages a paid employee. 
- 105 -
1.3 Care of disabled children 
Over the past fifteen years, the combined effect of 
demographic changes, improvements in medical and retraining 
techniques, the increasingly early assumption of 
responsibility by the State, the desire of disabled persons 
to remain within their own environment and the desire of the 
families of disabled children to remain more closely 
associated with measures to help the child, has led to 
substantial improvements in the initial framework 
established by the Law of 30 June 1975, affecting both the 
fundamental approach and practical aspects. 
Thus, as far as disabled children are concerned, the 
regulations governing the technical conditions for the 
approval and operation of special education establishments 
and services (almost 2 000 establishments, with more than 
118 000 children) have been reformed with the specific aim 
of encouraging the educational integration of disabled 
children in a normal environment, by providing appropriate 
support and opening establishments to the external 
environment, with the children being monitored after leaving 
the establishment. This policy is accompanied upstream by a 
special effort on the part of the Ministry of National 
Education, in the context of the Law on school guidance of 
July 1989, to prevent the educational exclusion of children 
with problems. 
2. Disabled adults 
2.1 Resources 
In accordance with the Law of 30 June 1975, a minimum level 
of resources is guaranteed to any person who is 80% disabled 
or who cannot work because of his or her disability. This 
is provided by the State in the form of the disabled adult's 
a Ilowance. 
Disabled persons who require assistance for essential 
activities also receive financiaj compensation from the 
regional authorities. 
Finally, persons whose working capacity is reduced as a 
result of a disability are guaranteed sufficient resources 
through an income supplement from the State. 
The amount of guaranteed resources varies depending on 
whether the recipient works in a normal or protected 
environment. 
2.2 Employment of the disabled 
To facilitate access for disabled people to the normal 
working environment, the Law of 10 July 1987 requires 
companies with at least 20 employees to reserve a minimum of 
6% of jobs for disabled workers. Companies may also meet 
this obligation either by subcontracting work to protected 
- 106 -
establishments, by signing sectoral agreements or by paying 
a financial contribution to the AGEFHIP, the association 
appointed by the Law to manage the fund for the occupational 
integration of disabled workers. 
For the benefit of adults who are unable to work in a normal 
environment, the government has made an effort in recent 
years to increase the number of places in protected working 
establishments. Today there are some 80 000 such places. 
A multiannual programme to create 10 800 additional places 
in "help through work" centres and 3 600 places in protected 
workshops is currently under way. This four-year programme 
is the fruit of an agreement with the associations 
representing the disabled and their families, which has also 
brought about a reform of the resources provided to ensure 
that such persons receive a minimum income (more 
rationalised combination of guaranteed resources and the 
disabled adult's allowance). 
Apart from the number of places and the financial aspects, 
the programme also aims to give new impetus to the protected 
employment sector and adapt it to the change in the 
conditions of employment offered to the disabled, in such a 
way as to build real bridges between the protected, less-
protected and normal environments. 
This has recently been boosted and extended by the French 
Council of Ministers' announcement of 10 April 1991 of an 
employment plan for the disabled. The main elements of this 
plan are to promote access to training for the disabled and 
improve their level of qualification, to give priority to 
the disabled when allocating "solidarity jobs", to develop 
links between protected employment structures and the normal 
environment by making it easier for "help by work" centres 
to second workers to ordinary companies, to encourage 
employment of the disabled in the public service, and to 
intensify AGEFIPH measures and increase its area of 
activity, etc. 
The following measures have also been introduced to assist 
the integration or reintegration and the vocational 
development of disabled workers: 
1" Creation in each department of a technical committee for 
vocational guidance and redeployment (C0T0REP), which is 
responsible for the overall situation as regards 
disabled adults. 
It comprises qualified persons in the fields of 
employment, vocational training and problems specific to 
the disabled. 
It receives all applications concerning employment, 
training and social/financial aid for the disabled. 
- 107 -
2* Creation of teams to prepare and monitor the 
redeployment of the disabled (EPSR); these number 88 (50 
state and 38 private). 
Improving the everyday life of the disabled 
In addition to these measures to promote educational and 
occupational integration, measures to improve everyday life 
constitute one of the main aspects of the policy to promote the 
social integration of the disabled now being implemented by the 
author it ies. 
The promotion of social integration for the disabled in all its 
aspects can first of all be facilitated by technical equipment 
and aids, which represent a very effective and often 
indispensable supplement to personal aids. Part of the funds for 
social action in favour of the disabled in the budget of the 
Ministry of Social Affairs are therefore earmarked for specific 
activities connected with access to technical aids, particularly 
the creation, at the initiative of associations for the 
disabled, of exhibition centres to provide information and 
advice for users, and the setting up of a national data bank on 
technical aids. 
However, access to transport and general amenities remains the 
fundamental aspect of this social integration policy. 
Thus, to provide access to transport for all disabled persons 
and all those with reduced mobility (such as the elderly), the 
Office of the Secretary of State for the Disabled and Victims of 
Accidents and the Ministry of Transport have organised extensive 
consultation with all parties involved in the transport sector, 
i.e. regional and local authorities, transport companies, 
operators, manufacturers and, of course, associations for the 
disabled. 
As a result, on 21 February 1989 the two Ministries presented a 
dossier comprising around 60 measures covering the entire 
transport chain, from the departure of the disabled person from 
home to arrival at destination. Some .measures are new, others 
represent a continuation or improvement of existing 
arrangements. 
The most important measures include fare concessions granted by 
Compagnie Air Inter to persons accompanying disabled people who 
need assistance when travelling; the speeding up of SNCF and 
RATP programmes to make their networks more accessible, 
including improvement of signs-, a plan proposed by bus, coach 
and tram manufacturers to make all new vehicles fully accessible 
within five years-, and finally, the procedures for granting and 
using the "Severely disabled" disc allowing holders to park 
their cars in urban areas have been redefined, so that the disc 
is now issued on a more individual basis, as part of the 
relaxing and simplification of the procedures to be complied 
with by disabled persons in order to be able to claim 
entitlement to various advantages granted to holders of the 
disabled person's identity card. 
108 -
Parallel to this action on transport, on 21 November 1990 the 
French Council of Ministers adopted an ambitious programme aimed 
at improving access to towns and the environment. There are five 
main aspects to the programme: extension of the regulations 
based on the 1975 Law to cover the sensory disabled; creation of 
the conditions for implementation of the programme, e.g. 
checking of all building permits and basic training for all 
architecture students; onus on the State and authorities to set 
an example; all parties involved in building to be better 
informed and made more aware-, reinforcement of the position and 
role of associations, with more scope for going to court. 
In accordance with the objectives laid down, on 13 July 1991 the 
French Parliament adopted a Law on various measures to improve 
access for the disabled to dwelling houses, workplaces and 
places open to the public. 
IMPLEMENTATION OF THE CHARTER 
Question 27 
In France, since adoption of the Charter, its objectives - though 
already achieved to a wide extent - have served as a reference for 
the reform of legislation and regulations and for collective 
bargaining. 
In 1991 transposai of Directives led to adoption of the following 
legislation and regulations: 
Law of 31 December on prevention of occupational hazards, 
transposing the following seven directives: 
Directive 89/391 on the introduction of measures to encourge 
improvements in the safety and health of workers at work, 
Directives 89/392 and 89/686 on the design of machinery and 
personal protection equipment, Directives 89/655 and 89/656 on 
the use of work equipment and personal protection equipment, 
Directive 88/379 on the classification, packaging and labelling 
of dangerous preparations, and Directive 89/654 on minimum 
safety and health requirements for the workplace; 
Decree of 6 September on the protection of workers exposed to 
benzene (8th amendment of Directive 76/769); 
Decree of 14 May on the prevention of risks linked to working at 
display screens (Directive 90/270); 
Order of 1 August concerning the labelling and packaging of 
dangerous preparations (Directive 90/492). 
- iog -
GERMANY 
- 110 
FREEDOM OF MOVEMENT 
Foreign workers who are nationals of one of the Member States of 
the European Economic Community enjoy freedom of movement in the 
Federal Republic of Germany under the law on the entry and 
residence of nationals of Member States of the European Economic 
Community (AufenthG/EWG). Pursuant to this law, entry and EC 
residence permits may be refused and measures limiting the 
extension thereof imposed only on the grounds of public order, 
public safety or public health. Foreigners in possession of an 
unlimited EC residence permit may be expelled only on very 
serious grounds of public order or public safety. 
2. a) Under German law, workers and their spouses who are 
nationals of a Member State of the EC can, under § 7a of 
AufenthG/EWG, be issued with an unlimited EC residence 
permit which, in terms of content and enhanced protection 
against expulsion, takes the same form as a residence permit 
under § 27 of AuslG (cf. § 7a(4), § 12(1)(2) of 
AufenthG/EWG). The EC Commission has deemed this arrangement 
to be contrary to Community law, with the result that it is 
now planned to delete the provision entirely. 
b) No, apart from the remaining obstacles which the Community 
is currently endeavouring to introduce legal provisions to 
overcome, e.g. in respect of the mutual recognition of 
vocational training qualifications. 
c) The Minister for Labour and Social Affairs is running 
bilateral training projects for young people with Greece 
(since 1988), Spain (since 1991) and Italy (from 1993). In 
addition to their period of training under Germany's dual 
training system (in the metalworking, electrical engineering 
and commercial trades), the young people concerned receive 
tuition in their national language and, with funding from 
their own countries, undergo a five-week or two three-week 
practical training sessions in their countries of origin. 
The idea is that trainees should later be able to carry out 
their occupation either in Germany or in their country of 
origin. The additional qualifications they obtain at the end 
of the course are certified and accepted in their countries 
of or igin too. 
3. a) For many years now, the German government has sought to 
encourage the integration of foreign workers and members of 
their families, more specifically by way of language tuition 
and facilities for obtaining vocational qualifications. 
These arrangements have acquired increasing importance over 
the last few years, in addition to the social counselling 
services financed by the Federal and provincial authorities. 
- 111 -
In 1991 alone, DM 46 million were set aside for the 
vocational and social integration of foreigners in the 
Federal Republic of Germany, along with additional efforts 
in the fields of vocational qualifications, the integration 
of foreign women, the social integration of Germans and 
foreigners, and improved care for elderly foreigners. 
b) European Community provisions on the mutual recognition of 
diplomas, certificates and other forms of qualification 
apply to workers too. Work in this field concluded with the 
adoption of the Directive on a second general scheme for the 
recognition of vocational training qualifications. The 
imminent transposition of this Directive into German law 
will ensure that migrant workers' qualifications are fully 
recognised, thus giving them unrestricted access to the Job 
market. 
c) There are a wide range of special provisions under European 
Community law (Directive 1408/71) to cover frontier workers. 
Further measures are planned. 
A special agreement regarding frontier workers were signed 
with Luxembourg on 25 January 1990, relating to the 
implementation of Article 20 of Directive (EEC) 1408/71. The 
agreement extends the provisions enabling frontier workers 
to obtain medical treatment either in Germany or in 
Luxembourg to members of their families too. 
A similar agreement exists with the Netherlands (signed 
15 February 1982). 
EMPLOYMENT AND REMUNERATION 
4. There are no restrictions in respect of European Community 
nat ionals. 
5. a) There is no such thing in the Federal Republic of Germany as 
an officially authorised "fair rate of pay". The two sides 
of industry, workers and employers, are entirely free to 
negotiate pay rates. 
b) This applies without restriction to fixed-duration full-time 
and part-time employment contracts. Furthermore, employers 
may not treat part-time employees any differently from full-
time employees simply because of their part-time status, 
unless there are object ive reasons for any difference in 
treatment. 
c) Remuneration for work done, pensions or other payments in 
money is subject to attachment only to a limited measure. 
Attachment-free allowances are brought into line with 
economic developments at suitable intervals; they are staged 
by reference to net income and take account of the number of 
persons being supported. 
- 112 -
6. There is unrestricted access to public placement services free 
of charge, regardless of whether the person concerned was 
previously an employee, self-employed or a family worker, or had 
no occupation. Nor does the person in question have to have 
paid contributions to the Federal Labour Agency. In fact, the 
only condition is that job seekers must be seeking work in an 
employed capacity. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
a) Duration and organisation of working time 
Matters concerning the duration and organisation of working 
time are dealt with by workers and management under the 
terms of individual employment contracts. 
The normal weekday working time may not exceed 8 hours. 
The works council has a say in regulating when the daily 
working time begins and ends (including breaks) and in 
deciding how working time should be spread over the various 
days of the week. 
b) Forms of employment other than open-ended full-time 
contracts 
Part-time employment contracts 
Under Germany's employment contract laws, part-time 
employees have the same rights vis-à-vis their employers 
as do full-time employees. In any agreements or other 
measures, employers are bound to treat part-time 
employees equally, unless there are object ive reasons 
for any different treatment. The parties to an 
unemployment contract have the opportunity to agree on 
flexible working time or to arrange for a number of 
employees to share a job. 
Limlted-duration employment contracts 
An employment contract can normally only be subject to a 
time limitation if, at the time it is signed, there is 
an object ive reason for such limitation (e.g. where the 
contract is for a limited-duration project). 
Additionally, and up to 31 December 1995, less stringent 
conditions apply to a limited-duration contract of up to 
18 months where the job concerned is a newly created one 
or where it enables a trainee to remain in a job after 
completion of a training period. In new firms, these 
18-month employment contracts may, subject to certain 
conditions, be concluded for up to two years. 
(7) 
113 -
Where a limited-duration employment relationship is 
extended by the employee with the knowledge of the 
employer, it is deemed to have been extended for an 
unlimited period unless the employer immediately states 
otherwise. 
c) Procedures for collective redundancies and for bankruptcies 
The labour law continues to apply in principle even after 
bankruptcy proceedings have been initiated, although the 
period of notice is reduced. 
8. a) The statutory minimum period of paid leave, which in 
practice is of only minor significance compared with the 
more generous collectively agreed period of leave, is three 
weeks in the original Lander and four weeks in the new 
Lander. 
The German government supports the Commission's proposal in 
the Directive on the organisation of working time to 
prescribe a four-week minimum period of paid leave 
throughout the Community. There are more generous statutory 
leave arrangements for young people and the severely 
disabled. 
b) Over and above the statutory minimum period of leave, there 
are collectively agreed arrangements which normally give a 
right to much more generous leave than the statutory 
mini mum. 
c) Under collective agreements for well over half of all 
workers, age and seniority in the firm have no effect on the 
period of leave, the standard period being six weeks. 
The average period of leave is now 29 working days. 
d) A worker's right to a weekly rest period derives indirectly 
from the fact that, in principle, no work may be done on 
Sundays or public holidays. Where, exceptionally, work is 
done on Sundays or public holidays, it is normal to make 
provision for time off in lieu under collective or 
individual agreements. 
9. There is at present in the Federal Republic of Germany no 
general statutory requirement to lay down the agreed working 
conditions in writing (the exceptions being training 
arrangements, contract work systems and hi red-labour 
conditions). The requirement for a written document applies, 
though, to a large number of collect ively or individually agreed 
provisions. The Council Directive on the obligation on 
employers to inform their workers of the conditions applying to 
an employment contract or relationship will create similar 
conditions for all other employment relationships. 
- 114 -
SOCIAL PROTECTION 
10. a) The statutory pension insurance scheme is essentially 
intended for persons in paid employment. Categories of 
persons covered by a different scheme (e.g. civil servants) 
do not have to be insured. Workers for whom insurance is 
mandatory are required to pay an amount (currently 17.7%) of 
their pay up to a set ceiling, with workers and employers 
each contributing 50% of the required amount. 
The statutory pension insurance scheme guarantees cover for 
workers in respect of old age and of incapacity for work and 
for survivors in the event of the worker's death. Pensions 
are geared to pay and contributions, i.e. they depend on the 
number and amount of paid contributions. 
The statutory accident 
all employees in the event insurance scheme provides cover for 
of occupational accidents or 
important aspect of the scheme's remit 
a system of advice and 
suffered an occupational 
kept them away from work 
continued payment of wages 
appropriate, a subsequent I Inesses. The most 
s to prevent accidents by 
nspection. Workers who have 
accident or illness which has 
normally qualify for six weeks' 
by their employer and, where 
injury allowance, the amount of which is generally geared to 
net pay lost. An injury pension is paid where there is a 
lasting loss of working capacity of at least 20%. In the 
case of a fatality, survivors receive a pension. 
Additionally, the statutory accident insurance schemes are 
also required to organise medical rehabilitation and, where 
appropriate, occupational and social rehabilitation. 
In the case of illness, social protection falls to the 
statutory health insurance schemes, to which all employees 
have to belong up to an annual remuneration ceiling (75% of 
the contribution-assessment ceiling for the pension 
insurance schemes), 
insured may contract 
pre-insured periods, 
required to make 
automat icalI y. Persons who are not required to be 
into a voluntary scheme incorporating 
Family members are normally not 
any contribution and are insured 
The statutory health insurance schemes provide cover for 
treatment and iIIness-induced incapacity for work, for 
patients in need of constant care and attention, in the 
event of pregnancy or death, and for preventive health 
measures. 
b) On completion of a waiting period, an unemployed person has 
a right to unempIoyment benef i t amounting to approx. 68% of 
the last net pay for a person with one child, and approx. 
63% for other employed persons. 
- 115 -
Unemployment relief is intended to supplement unemployment 
insurance payments as a subsidiary form of wage compensation 
geared to the person's needs. It is intended for Job seekers 
who previously received unemployment benefit or were in 
mandatory-contribution employment. For a job seeker with one 
child it amounts to approx. 58% of the last net pay, 
compared with 56% for other persons. 
Unemployed persons who cannot claim either unemployment 
benefit or unemployment relief have a right to social relief 
under the Social Relief Act. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
11. a) The Basic (Constitutional) Law guarantees anyone in any 
occupation the right to form associations to protect and 
improve his or her working and financial conditions (the 
basic right to freedom of association). 
b) A worker has the right to create and join an association as 
well as the right not to join. Any agreements which seek to 
restrict or prevent this right being implemented are null 
and void, and any measures seeking to do so are unlawful. 
12. Constitutional law guarantees the right of collective 
bargaining, which means that it is up to employers and employees 
(or their representative organisations) to negotiate and reach 
agreement on pay and other working conditions. They also decide 
freely and with no government control or approval mechanism 
whetner to conclude a collective agreement and what its content 
should be. There are no legal procedural constraints in respect 
of collective bargaining arrangements. 
13. a) In cases where the two sides fail to reach a collective 
agreement, the Federal Labour Court has ruled that trade 
unions may, under their constitutional right of freedom of 
association, make use of the strike weapon in a bid to get 
the employers' side to conclude an agreement. In other 
words, strikes are only lawful if organised by a trade 
union, and only if their aim is the conclusion of a 
collective agreement; they may not be directed against 
current and valid collective agreements. Furthermore, all 
negotiating channels must have been exhausted before the 
strike weapon may be used. Finally, the principle of a 
"fair fight" applies; for instance, unions may not tolerate 
unlawful activities, such as the use of force against 
persons who wish to work. 
b) The Federal Republic of Germany has no form of government-
enforced conciliation procedures in the event of an 
industrial dispute. Generally speaking, there are 
conciliation agreements built into collective agreements, 
requiring the two sides to go through the conciliation 
machinery before a dispute proper. 
116 
14. For employees in the public service, the Federal Labour Court's 
judgment on strike law apply in the same way as for private 
sector employees. Thus, industrial dispute mechanisms, 
including strikes, are legitimate weapons for all employees in 
all parts of the civil service. Clearly, as far as the armed 
forces are concerned, the right extends only to civilian 
employees. Strikes are not an admissible weapon for civil 
servants or for members of the police and armed forces. 
VOCATIONAL TRAINING 
15. a) Access to vocational training is, as a general principle, 
open to all, apart from at higher education level. More 
particularly, access to recognised vocational training 
courses under the dual system (e.g. commercial and craft 
trades) is not dependent on school-related conditions. One 
condition, though, is that the trainee must sign a 
vocational training agreement with the trainer covering the 
essential aspects of the arrangement. 
b) Access to vocational training is open to German and foreign 
nat ionals a I ike. 
c) Continuing training measures are, in principle, open to 
anyone who meets the objective access requirements (e.g. 
vocational training/experience). Further training for 
employed persons is primarily a matter for undertakings, and 
is organised either by firms themselves or by external 
organisations under contract to firms, depending on the type 
of training required and the employees' previous experience. 
Other further training measures are organised by private 
firms and by training institutes run by the two sides of 
industry or by the public authorities. 
Financial support (e.g. subsistence allowances and the cost 
of courses) is available from the Federal Labour Agency 
where a particular course of training is necessary to enable 
an applicant who is either jobless or under threat of being 
made redundant or who has no vocational qualifications to 
obtain a qualification, and provided certain other 
conditions are met (e.g. occupational experience, membership 
of contributory scheme, etc.). Where the course of training 
is not absolutely necessary or is not deemed appropriate to 
the job market, financial support is available on a reduced 
scale (e.g. limited grants, subsistence allowance in the 
form of a loan). Usually, another of the conditions is that 
the applicant should have paid his or her contributions to 
the Federal Labour Agency and will in the future continue to 
be subject to mandatory contributions. 
- 117 -
EQUAL TREATMENT FOR MEN AND WOMEN 
16. a) Equal treatment for men and women at work is regulated by 
law and has been implemented over recent years by a variety 
of training and public awareness measures, more particularly 
under specific initiatives geared to women's rights. 
Article 3 of the Basic Law says that men and women have the 
same rights and no one may be subject to discrimination on 
the basis of his or her sex. As far as working life is 
concerned, EC Directive 76/207/EEC on the equal treatment of 
men and women was transposed into German law on 
13 August 1980 by way of the "Law on the equal treatment of 
men and women at work". Under this Law, an employer may not 
discriminate against an employee on the grounds of sex, more 
particularly in terms of recruitment, promotion or 
dismissal. This discrimination ban was supplemented by a 
"damages arrangement" providing for compensation for "loss 
of confidence" wherever an employment relationship does not 
come into being or a person fails to obtain promotion 
because of an employer not complying with the ban. Any such 
compensation must, however, be in a reasonable proportion to 
the actual damage caused (cf. two judgements by the European 
Court of Justice in 1984). Basing their judgements on these 
rulings from the European Court of Justice, German labour 
courts have awarded damages of up to 6 months' pay. 
Following two basic rulings by the Federal Labour Court in 
March 1989, sexual discrimination in respect of access to 
employment was deemed to be a serious violation of a 
personal right, which in normal cases would attract damages 
in the sum of a month's pay. 
To make it easier for people to claim damages, the law also 
provides that, where the plaintiff can show that it is 
likely that sexual discrimination has taken place, it is up 
to the employer to prove that the unequal treatment was 
justified on the basis of objective, rather than sexual, 
grounds. 
This ruling also covers cases of indirect discrimination, 
which is when a measure taken by an employer may appear on 
the surface to be gender-neutral, but in effect 
discriminates against one of the sexes by reason of the 
conventional role-structure or similar. 
There are also legal provisions for ensuring that similar or 
equivalent work does not attract unequal pay on the grounds 
of the employee's sex. Special protective provisions for 
women (e.g. for pregnant women and young mothers) cannot be 
used to justify lower rates of pay. It is also incumbent on 
employers to ensure that job vacancy notices are gender-
neutral . 
- 118 -
It is the government's intention to bring in a bill, by the 
end of 1992, to improve the equal treatment of men and women 
at work incorporating rules on such matters as compensation 
for sexual discrimination by employers and on the need for 
gender-neutral vacancy notices. This bill will be part of a 
more comprehensive equal treatment law, the draft version of 
which should likewise have been adopted by the government by 
the end of 1992. Further central elements of this law will 
be moves to improve positive action for women and the 
compatibility of family and working life in the civil 
service, the appointment of women's affairs "watchdogs" in 
government offices, wider powers for works and staff 
councils in respect of positive action for women, and a law 
banning sexual harassment at work. 
b) These measures include the Educational allowance law, the 
provisions on time off to look after sick family members, 
and the part-time work provisions. 
1. Federal education allowance law 
The Education allowance law of 1986 grants mothers or 
fathers an education allowance and time off work to 
bring up children, the aim being to make it possible or 
easier for one parent to devote him or herself 
principally to the upbringing of a child at a phase in 
its life which will be vital to its future development. 
The point of the education allowance is that it should 
give recognition for the work that goes in to looking 
after children and be a substantial help for young 
families. In 1992, the period of leave was extended to 
three years and the period for payment of the 
educational allowance to two years. 
2. Time off work to look after a sick family member 
Employees have a statutory right to paid absence from 
work to look after a sick child where this cannot be 
done by another person or it cannot be expected from 
another person. The period allowed is up to five 
working days. 
This statutory right can, however, be restricted by a 
collective agreement or employment contract or - at 
least as far as collective agreements are concerned - be 
ruled out altogether. 
Where a person has no legal right to time off, he or she 
can exercise a right to unpaid absence from work vis-à-
vis the employer and to sick pay from the health 
insurance.fund provided: 
the employee has a medical certificate to the effect 
that he or she must stay away from work to look 
after, supervise or care for a sick child; 
no other person living in the employee's household 
is unable to supervise, look after or care for the 
ch iId and 
- 119 -
the child is not yet 12 years old. 
This right is available for a maximum of ten working 
days for each child in each calendar year (maximum 20 
working days for single parents). Where an employee has 
more than one child to look after, the maximum time 
available off work is 25 working days in each calendar 
year (50 working days for single parents). 
3. Part-t ime work 
The government takes the view that part-time work is a 
fully-fledged form of working time which enables parents 
to combine family and occupational responsibilities. For 
this reason, part-time work has been designed along 
socially compatible lines in the Federal Republic of 
Germany. More particularly, part-time workers have the 
same rights and obligations as full-time employees (as 
regards all statutory provisions). The system extends to 
all agreements and measures taken by employers, for whom 
the Employment promotion law imposes a ban (§ 2) on 
unequal treatment for part-time workers (cf. section 
7.2). 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
17. The Co-determination Law of 1972 provides workers or their 
elected representatives (i.e. the works councils) with a 
comprehensive system of participatory rights, covering virtually 
the entire range of business decision-making processes affecting 
workers. These rights include the right to information, 
consultation and counselling, along with genuine participatory 
rights whereby business matters can only be decided with the 
agreement of the works council. 
Clearly, the 1972 law can only apply to the territory of the 
Federal Republic of Germany. To extend information and 
consultation rights of workers' representatives to European-
scale companies or groups of companies, the German government 
supports the Commission's draft Directive on the establishment 
of European-scale works councils. 
18. a) Under the terms of the Co-determination Law of 1972, the 
works council is required to represent the general interests 
of workers in the company and to ensure that the relevant 
laws, collective agreements and accident prevention 
provisions are complied with. The works council also has 
special participatory rights, more particularly as regards: 
social affairs: e.g. matters relating to in-house 
order, working time (including overtime and short-time 
working), pay schemes, etc; 
- 120 -
personnel affairs: e.g. staff planning, vacancy notices, 
in-house training, individual measures such as staff 
classification, movement and recruiting. In the event 
of dismissals or redundancies, the works council also 
has a right of consultation and contestation; 
business matters: in companies with more than 100 
workers, the works council sets up a business committee 
which the management is required to inform about any 
business matters (e.g. the financial status of the firm, 
production and investment programmes, rationalisation 
measures, etc.). In the event of upheavals (e.g. 
closures), the works council can insist that a "social 
plan" be set up to provide compensation for, or to ease, 
the repercussions of such measures on the workers 
concerned. 
b) As regards technological changes, the employer is required 
to inform the works council on his own initiative and in 
good time at the planning stage. The employer is required to 
discuss the proposed measures with the works council at an 
early enough stage to enable proposals and reservations 
expressed by the works council to be taken into account in 
the planning procedure. The employer is also required to 
inform individual workers of proposed measures arising from 
the planning of technical installations, working procedures 
and processes and workplaces. Once it becomes obvious that 
changes will be required in an individual worker's duties, 
the employer is required to discuss with the worker 
concerned how his knowledge and abilities can be adapted to 
future requirements. The works council has a right of 
codetermination in respect of technical installations where 
these are objectively capable of monitoring the behaviour or 
performance of workers. 
Business restructuring, either as a result of fundamental 
changes to the way the company is organised or as a result 
of the introduction of essentially new working methods and 
manufacturing processes, is deemed to be a change in the 
business, as are collective redundancies. In such cases, the 
rights of workers' representatives range from the early 
provision of comprehensive information and discussion of the 
planned changes to the establishment (with compulsory 
codetermination) of "social plans" designed to compensate 
for, or alleviate, the repercussions on the workers 
concerned. 
Transfrontier workers (including foreign nationals) are 
likewise covered by the protective provisions of the Co-
determination law provided they work in a firm with at least 
five workers on the territory of the Federal Republic of 
Germany. 
- 121 -
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
19. a) As regards the improvements brought about in Germany by the 
relevant Community Directives, it is important to make 
certain distinctions. 
The Directives relating to the internal market are concerned 
with dismantling barriers to trade created by the differing 
national protective provisions in respect of products. The 
point here is to harmonise the provisions at "a high level 
of protection" (Article 100a (3) of the EEC Treaty). It does 
not mean, though, that the highest existing standard in any 
one Member State is taken as the criterion for the entire 
Community. The situation in the Federal Republic of Germany 
is that the current Directives, particularly as regards 
technical equipment, are tending to displace a comprehensive 
system of rules and mechanisms at what is acknowledged to be 
a high level. There are, however, certain points on which 
the Directives are bringing about improvements. 
On the other hand, in the field of health and safety at 
work, which is affected by the Directives setting out 
minimum requirements under Article 118a of the EEC Treaty, 
improvements are evident, especially: 
1) The framework Directive (89/391/EEC) features provisions 
which apply to all fields of activity and all employed 
persons, whereas the provisions in force hitherto in 
Germany have not been applicable to all aspects of 
working life. As a result, transposition of the 
Directive is having the effect of extending the scope of 
health and safety at work provisions, more particularly 
in the public service. Materially too, the framework 
Directive is creating a number of improvements, e.g. 
clarification of the fact that health measures include 
measures to avoid monotonous work and the basic 
obligation on employers to identify and evaluate 
existing health hazards at the workplace. 
The workplace Directive (89/654/EEC) corresponds largely 
to the German workplace regulation and as such will not 
bring about any major changes to the current level of 
protection. One difference is, however, again the fact 
that the scope is extended to cover the public service. 
2) There are no statutory provisions on visual display unit 
work. There are the "safety rules for visual display 
unit workplaces in offices" issued by the clerical trade 
accident insurance association, which are not binding, 
but which are very often accepted in practice by 
equipment manufacturers. These rules lay down certain 
requirements in respect of equipment and the workplace 
(e.g. hardware ergonomics). The VDU Directive 
(90/270/EEC), on the other hand, includes requirements 
- 122 -
in terms of software (which programme imposes the least 
strain on the user?) and in respect of the organisation 
of work (e.g. low-stress design of daily working 
procedures). Once the Directive has been transposed 
into national law, then, the advantages will be two­
fold: 
binding rules-, 
wider scope. 
3) Transposition of the Directive on health and safety at 
work sites will for the first time incorporate the 
requirement that health and safety considerations should 
be taken into account as early the planning phase. At 
the moment, certain protective measures, e.g. the 
provision of railings to prevent workers working on high 
buildings from falling, are often not feasible simply 
because the requisite arrangements were not planned and 
made ear I y enough. 
b) Worker participation with regard to health and safety is 
provided for in the following cases: 
1• At company level 
The works council has a right of codetermination in 
respect of rules and regulations on the prevention of 
occupational accidents and illnesses and of health 
protection within the framework of the relevant 
legislation or the accident prevention regulations. The 
appointment of works doctors and safety officers 
requires the approval of the works council, which is 
also involved in the appointment of safety delegates. 
Employers are also required to consult the individual 
workers or the works or staff council (where such a 
council exists) on such matters as the identification 
and evaluation of risks arising from hazardous 
substances or on which type of personal protective 
equipment to choose. The works council is also entitled 
to suggest additional protective measures in individual 
cases. 
2. At supra-company level 
In addition to the official health and safety at work 
regulations, Germany also has a range of accident 
prevention regulations issued by the various accident 
insurance associations. Each set of provisions is 
adopted by a general assembly of delegates to the 
various trade associations, normally comprising a 50-50 
mix of workers' and management representatives. 
- 123 -
PROTECTION OF CHILDREN AND ADOLESCENTS 
20. The minimum age at which young people may start work is 15 
years. 
21. Where the remuneration payable to young workers is regulated 
under a collective agreement, this will normally incorporate 
provisions providing for a percentage reduction (at differing 
rates) on the basis of a particular occupational category. 
22. The law on the health and safety of young workers sets out 
special rules regarding working time, night work and vocational 
training. 
Young people may be employed for no more than 8 hours per day 
and 40 hours per week; nor may they be employed for more than 5 
days in the week. 
Only in very exceptional cases may young people work between 
20.00 and 06.00 hrs. There is an absolute ban on night work for 
young people in the core time between 23.00 and 04.00 hrs. 
To enable young people to comply with the requirements of school 
work during their training, they must be given time off work to 
attend vocational school. School attendance is counted as 
working time. 
23. Most young people in Germany (around 70% of them) go on from 
school to train for a government-recognised occupation under the 
country's dual vocational training system. The course, which 
covers all necessary skills and know-how, normally lasts for 
three years. Course content is laid down in close cooperation 
between government departments and the two sides of industry and 
is constantly being adjusted to take account of the needs of the 
empIoyment market. 
In addition to the dual training system and higher education, 
there are purely school-based forms of vocational training, 
although they are less important in terms of quantity, 
concentrating on occupations which are not covered by the dual 
system. As far as course content is concerned, these are again 
geared to the needs of the employment market. 
ELDERLY PERSONS 
24. The following population groups are eligible for a retirement 
pension: 
-124-
60-year-old female insured persons who have given up work 
and, on reaching the age of 40, have completed more than 10 
years' compulsory contributions. The waiting period is 180 
months. 
60-year-old insured persons, provided they were out of work 
for at least 52 weeks within the past 1 1/2 years and, over 
the past 10 years, paid at least 96 compulsory 
contributions. The waiting period is 180 months. 
60-year-old insured persons who are severely disabled or 
incapable of work, and who have given up work. The waiting 
period is 35 insured years. 
63-year-old insured persons who have given up work. The 
waiting period is 35 insured years. 
65-year-old insured persons. The waiting period is 60 
months. 
25. Every person - regardless of whether German or a national of 
another Community Member State - who has his normal place of 
residence in the Federal Republic of Germany and cannot fend for 
himself has a right to social welfare assistance in the form 
either of subsistence payments or of help in particular 
si tuat ions. 
To be eligible for subsistence payments, the person concerned 
must be incapable in his own right of meeting his basic daily 
needs. 
Help in particular situations will normally take the form of 
assistance in the event of sickness and care needs, and is 
available where the recipient's income and resources are 
inadequate. 
Sickness relief covers medical and dental treatment, medicines, 
dressings and dentures, hospital treatment and other services 
required in respect of convalescence and overcoming or 
alleviating the results of illnesses. 
Care relief is available to persons who, as a result of illness 
or disability, are dependent on care arrangements. The 
assistance includes the provision of aids designed to help 
alleviate the person's complaints. 
DISABLED PERSONS 
26. The main legislative basis for the social integration of 
disabled persons is the BSHG, which regulates the provision of 
integration assistance and care relief. 
It is up to the Lander and local authorities to apply the law 
and to set up the requisite social structures, e.g. in-patient 
and out-patient care and the various gradations. 
- 125 -
The government supports and promotes the development of social 
integration measures by way of financial and moral backing for 
model and research projects, e.g. in respect of independent 
living for adults with very severe and multiple disabilities, 
and ambulatory help to take the strain off the family, and to 
develop specific aids for particular disability groups (e.g. 
persons with visual and hearing disabilities, and the mentally 
handicapped). Assistance is also provided for national self-
help organisations in the form of subsidies for their public 
awareness work (e.g. conferences, seminars and information and 
documentation) and for their administrative work. 
Anyone who is physically, mentally or psychically handicapped or 
who is threatened with such a handicap has a "social right", 
regardless of the cause of the handicap, to whatever help is 
needed to 
prevent, overcome or improve the handicap, to prevent it 
worsening or to alleviate its consequences and 
secure him or her a suitable place in society, more 
particularly in the employment environment, commensurate 
with his or her inclinations and abilities. 
The requisite services and other integration aids form part and 
parcel of the range offered by a variety of organisations. 
These include medical and occupational services as well as help 
to facilitate general social integration. This wide-ranging 
system of organisations and services makes it possible to tailor 
the kind of help to individual requirements. 
The severely disabled are eligible for special services to 
assist their occupational integration - over and above the 
normal range of rehabilitation services, providing the 
appropriate conditions are met. The funding for such measures 
comes from the compensatory levy paid by employers who fail to 
meet their legal requirement to employ severely disabled 
workers. 
Occupational integration 
In principle, disabled people receive all the help they need to 
facilitate their occupational integration and to enable them to 
attain, improve or regain employable status, more particularly: 
assistance is finding or keeping a job, e.g. qualified 
counselling from specially trained careers guidance officers 
for the disabled, including all the medical and 
psychological services the government employment service has 
to offer ; 
occupational adjustment, training and retraining courses, 
including whatever formal school-leaving requirements are 
attached to these measures. 
Individuals have a legal right to the requisite measures to 
facilitate occupational integration. 
- 126 -
The focal point of such measures is, however, the range of 
vocational training measures on offer. 
The primary aim of vocational training for the disabled is to 
provide training in a recogn i sed apprentIcesh i p-reIated 
occupât ion-, the same applies to special advanced training or 
retraining courses for adults to enable disabled people to take 
up a different occupation. 
Where the nature and gravity of the handicap or the course of 
rehabilitation so require, these occupational training courses 
are conducted in special occupational rehabilitation centres, 
which are equipped with the necessary specialist services 
(medical, psychological, pedagogical and social) for the initial 
training of young people and the retraining of adults. 
During such rehabilitation courses, the appropriate insurance 
fund normally pays over a cash a I lowance and pays the social 
insurance contributions. 
Special help for the severely disabled in integrating into the 
working environment 
The Severely Disabled Persons Act requires all employers 
(including the public service) to examine whether vacancies can 
be filled by severely disabled people. 
For those people who, despite all the assistance available, 
cannot find a place in the general job market because of the 
nature or severity of their handicap, sheltered workshops offer 
the chance to engage in a suitable occupation. These are 
intended to be open to all disabled people, regardless of the 
nature and severity of their handicap, who can produce a minimum 
standard of economically utilisable performance. Their aim is 
to enable disabled people to develop, enhance or regain whatever 
abilities they have and to provide remuneration which is 
commensurate with their performance. Preparatory courses are 
provided by recognised sheltered workshops for a total of up to 
two years, most measures being financed by the Ministry of 
Labour. Funding in respect of work proper is the responsibility 
of the social assistance departments. 
Social rehabilitation and integration 
The underlying aim of all rehabilitation measures and efforts is 
to integrate the disabled and persons threatened with a 
disability into society. Targeted assistance in this respect is 
available from the accident insurance funds and the war victims' 
welfare organisation and by the organisations responsible for 
providing social assistance. 
Assistance in enabling disabled people to participate in the 
life of the community covers a range of special measures 
designed to enable or facilitate contact between the disabled 
and the able-bodied, help in attending social, entertainment or 
- 127 -
cultural events or establishments, and the provision of 
resources to provide the disabled with information on current 
affairs and cultural events. 
The provision of resources and technical aids in the broad sense 
of the term is intended to promote maximum individual 
independence and self-reliance. 
An essential condition for the integration of the disabled is 
the provision of a disability-friendly environment, including 
the construction of d i sab Mit y-f r i end I y dweI I Ings. For this 
reason, special funding is available for the creation of 
dwellings for the severely disabled, and special help for the 
disabled is available also under the Housing Allowance Act. 
Assistance in obtaining and retaining a dwelling which meets the 
specific needs of the disabled is one aspect of the range of 
integration measures. 
Involvement in the life of the community can also be enhanced by 
removing mobility handicaps. Thus, there are a range of legal 
provisions, DIN standards and promotional measures designed to 
take account of the needs of the disabled in terms of housing 
construction, fittings and transport. For instance, a large 
number of streets, paths and public places have now been made 
disability-friendly, and most official buildings are now 
accessible to the disabled. 
The mobility status of the disabled has also been improved by 
the provision of free public transport, in addition to which 
disabled people who are unable to use either public transport or 
taxis can now call on a range of special services provided by 
local authorities and support and welfare organisations. 
IMPLEMENTATION OF THE CHARTER 
27. As is evident from the above answers, the principles enshrined 
in the Community Charter are guaranteed in the Federal Republic 
of Germany's system of labour and social law. 
As regards the details, they are guaranteed by legislation, the 
two sides of industry and the labour and social courts. 
~ 1 2-S-
GREECE 
(8) 
- 129 -
FREE MOVEMENT OF WORKERS 
From 1.1.1988 workers from EEC Member States have been free to come 
to work in Greece without any obstacle apart from those resulting 
from considerations of public order, public security and public 
health. Such workers can work freely in Greece once they have found 
an employer to engage them and they do not need a residence permit or 
a work permit. All that is required of them is that they report to 
the competent police authority within eight (8) days of their arrival 
in Greece. 
If their employment lasts for more than three (3) months they then 
require a resident's card confirming them to be residents of an EEC 
Member State and this they can obtain from the competent police 
author ity. 
In addition to the above, mention should be made of Presidential 
Decree 525/83 which concerns entry into and residence in Greece of 
self-employed EEC nationals (liberal professions) and which was 
issued in order to bring Greek legislation into line with the 
provisions of the Council Directives of the European Communities. 
The existing legislation guarantees the free movement and employment 
of nationals of EEC Member States and no new initiatives have 
therefore been taken in this sphere. 
Since 1 January 1992 Greece has been playing an active part in the 
pilot stage of the reorganisation of the SEDOC system decided by the 
Member States and the Commission of the European Communities in 
October 1991. 
For this purpose, in addition to the part played by the OAED 
(Organisation for Labour Force Employment) in work on computerisation 
of the new system, renamed EURES, four recruitment officials of the 
OAED will assist with the training of the Eurocounsel lors being 
organised by the Commission in the second half of 1992. 
The OAED, together with representatives of the Commission, is also 
examining the possibility of establishing in Greece a Eurogichet 
Social (European citizens' advice bureau), a transnational 
information system operating in the other Member States and involving 
the employment agencies and both sides of industry. 
EMPLOYMENT AND REMUNERATION 
There are no specific provisions which prohibit certain categories of 
person from freely choosing and engaging in an occupation other than 
the provisions regulating each trade or profession. 
Collective Agreements or Arbitration Awards, which have equal force, 
regulate salaries and wages in various branches and occupations and 
any extra payment for which provision is made. 
- 130 -
In addition to the above collective arrangements a National General 
Collective Agreement (NGCA) is signed each year and determines the 
wages policy for that year. Furthermore, by the terms of Article 664 
of the Civil Code an employer may not make any compensatory 
deductions from any wages due to a worker if such wages are necessary 
for the support of the worker and his family. This prohibition does 
not apply to compensatory deductions made to offset any loss or 
injury due to damage caused intentionally by the worker in the 
performance of his contractual duties. Wages which are not subject 
to compensatory deductions must be paid in full. 
IMPROVEMENT OF LIVING CONDITIONS 
From 1.1.1984 the weekly wage of workers in Greece corresponds to 
40 hours' work (NGCA of 14.2.1984). 
For workers with any contractual employment relationship with the 
public services, local government organizations or public corporate 
bodies the weekly wage corresponds to 37Yt hours' work (Laws 1157/81 
and 1476/84). 
Decision 25/83 of the Second-Instance Administrative Arbitration 
Tribunal of Athens established the 5-day 40-hour week for the 
industrial sector, subject to certain conditions. 
Establishment of a five-day working week for all shopworkers in 
Greece (Laws 1892/90 and 1957/91, Article 23). In order that 
undertakings which do not operate a programme of uninterrupted 
production can work a 24-hour day 7 days a week, Law 1892/90 provides 
that they may engage personnel for Saturday and Sunday or Sunday and 
Monday to work two alternate shifts of 12 hours a day. The total 
remuneration for 24 hours' work, including that payable for overtime 
and for working on Sundays, holidays and at night, is equal to the 
remuneration for 40 hours, unless a shorter number of hours is worked 
per week. Employees working in the schedule are insured for 6 
working days. 
In order to provide protection for employees already working normal 
hours (Article 38 of Law 1892/90) the cancellation of an employment 
relationship is declared invalid if it is the result of a refusal by 
a worker to accept an employer's proposal that he work part-time. 
The written form of the contract for part-time employment is also set 
out, whether it is concluded at the beginning of or during such an 
employment relationship. The same article safeguards the rights of 
part-time workers in relation to minimum terms of employment, annual 
paid leave and generally with regard to all the provisions of labour 
legislation. Finally, the question of insurance entitlement of the 
part-time worker is dealt with in that each day on which he works, 
irrespective of the number of hours worked, is recognized as one day 
for insurance purposes. 
Workers in all undertakings within the area of the former capital 
administration have had a 5-day week since 1.2.1988. 
- 131 -
Article 47 of Law 1892/90 concerning modernization, development and 
other provisions states that company collective agreements or 
arrangements between an employer and the workers' council may allow, 
for a period of up to three (3) months, an increase in the number of 
working hours to nine (9) per day and 48 per week and a reduction in 
the number of hours in the corresponding period thereafter. It also 
lays down that, throughout the combined period, which may not exceed 
six months, the average number of working hours shall be forty per 
week. 
In addition to open-ended and full-time contracts there are fixed-
term contracts which, for those in the purely private sector, are 
subject to Articles 669-674 of the Civil Code, and, for those with a 
private-law employment relationship with the State, public corporate 
bodies or local government organizations, are subject to the 
provisions of Presidential Decree 410/88 and, additionally, to the 
Civil Code. There are also part-time contracts of employment which 
are subject to the provisions of Law 1892/90 and Presidential Decree 
410/88. 
With regard to information and consultation, in the event of 
collective redundancy, which falls within the competence of our 
department, the undernoted rules apply. 
In accordance with Law 1387/83 (Articles 3 and 5): 
Before an employer enforces a collective redundancy, he must consult 
the workers' representatives in order to investigate ways of avoiding 
or reducing the collective redundancy and its adverse effects. 
The employer must: a) inform the workers' representatives in writing 
of the reasons for the intended collective redundancy, the numbers he 
wishes to dismiss, with a breakdown by sex, age and speciality, and 
the number of workers he employs and b) make available all 
information which would be of assistance in framing constructive 
proposals. 
Copies of such documents are submitted by the employer to the Prefect 
and the Labour Inspector. 
A period of twenty days is allowed for consultations between the 
workers and the employer, beginning with the employer's invitation to 
the workers' representatives to begin such consultations. The 
outcome of the consultations is given in a report signed by both 
sides and forwarded by the employer to the Prefect and the Minister 
of Labour. 
From 1.1.1982 workers throughout Greece have been entitled to four 
weeks' leave, which increases by one day per year until, after three 
years, the upper limit of twenty-two (22) (five-day week) or twenty-
six (26) (six-day week) working days is reached, no account being 
taken in the first case of the extra rest day in the five-day week. 
The provisions relating to the above matters are contained in the 
Legislative Act of 19.5.1982 and in Laws 1346/83 and 1288/82. 
- 132 -
Furthermore, Article 4 of the NGCA of 21/2/1990 lays down that 
workers who have completed 25 years' service or previous service are 
entitled to three days' leave in addition to the normal number, if 
they work five days a week, or four days if they work six days a 
week. 
Young workers who are studying are also entitled to an extra 14 days' 
leave, in accordance with Law 1837/89. 
Generally speaking, contracts need not usually be drawn up in writing 
(Supreme Court Decision 1054/76). The contract is the expression of 
agreement between the parties on the same topic. The individual 
contract of employment may contain provisions and conditions relating 
to the duties, functions etc. of workers provided such provisions and 
conditions are not contrary to the law, collective agreements etc., 
public order regulations, emergency legislation or good morals. 
There are exceptions to the normal rule that contracts of employment 
need not be in writing; employment relationships which require a 
written form of contract include part-time working, contracts of 
employment with the State, public corporate bodies, local government 
organizations, contracts of actors with theatrical promoters and 
contracts of safety technicians and works doctors etc. 
SOCIAL PROTECTION 
In the Greek social security system the body appointed to be 
responsible for implementation of general social policy is IKA, which 
is the main workers' insurance organization. The legislation on the 
operation of this insurance body (Emergency Law 1846/1951), in 
particular the provisions of Article 5 of that law, allow for the 
continuing operation of other workers' insurance funds (special 
funds) on the condition, however, that the insurance protection which 
they provide is equivalent to that which IKA provides for its insured 
persons. 
This equivalent insurance protection relates to all the insurance 
risks covered by IKA (old age, disability, death, industrial 
accidents, iIIness). 
The law also includes the undernoted provisions. 
a) Workers who are insured either with IKA or with some other 
workers' insurance organization are entitled to sickness and 
maternity benefits in cash or in kind at least of the same type 
and extent as those provided for in the legislation on IKA. 
b) Workers who are acquiring a right to a pension, the amount of 
which is at the lowest level laid down in the legislation on IKA 
(Article 29 of Emergency Law 1846/1951) as the minimum pension 
entitlement, receive that amount whether they are insured with 
IKA or any other workers' insurance organization. 
The protection referred to above relates to benefits and pensions for 
old age or disability (whether due to illness or industrial accident) 
or death of a spouse. 
- 133 -
The same minimum provisions set out in the legislation on IKA 
(Article 28 of Emergency Law 1846/1951) relating to acquisition of a 
right to a pension to be paid in the situations referred to above 
apply to all employees whether they are insured with IKA or with a 
workers' insurance organization (special workers' fund). 
The above provisions are evidence of the steps taken by the State to 
guarantee an adequate level of social security protection for those 
in receipt of pensions. 
The undernoted information concerns the organization of social 
protection to safeguard rights resulting from legislation: 
Recent regulations in Law 1902/1990 applicable to the field of 
insurance confirm the public law character of the right to social 
insurance of all workers in Greece. 
In accordance with the interpretative provision of Article 43 (3) of 
the above law, pension matters which may not be the subject of a 
collective agreement on employment include the direct or indirect 
change in the proportion of the worker's or employer's contribution, 
the transfer from the one to the other of liability in whole or in 
part for regular contributions or contributions in recognition of 
previous employment and the establishment of special funds or 
accounts from which periodic pension benefits or non-recurring 
payments are made at the employer's expense. 
In addition, with regard to the insurance cover of all persons 
employed in Greece, such insurance is a compulsory requirement 
(Article 24 (1) of Law 1902/1990) irrespective of nationality, sex, 
age or religion (principle of the national scope of the insurance). 
This placing on the same footing of foreign nationals and Greeks and 
foreign nationals working in Greece insures that they have the same 
insurance protection against the insured risks (accident, disability, 
sickness, maternity etc). 
The above regulations apply to workers employed in the private sector 
and to those working in the broader public sector and who are insured 
with special private company funds (telecommunications, electricity, 
banks, etc). 
There is no generalized system of protection for social insurance 
benefits provided by the Organization for Labour Force Employment 
(OAED) since the basic precondition for such benefits (unemployment, 
military service, family benefits, suspension, insolvency, maternity) 
is the nature of the worker (a subordinate employment relationship) 
and the payment of contributions either by employer or worker or only 
by the employer. 
Law 1140/81 (Article 42(1)) made provision for a 
tetraplegic/paraplegic allowance for persons suffering from this 
disease and insured with insurance organisations under the 
jurisdiction of the Ministry of Health, Welfare and Social Security. 
- 134 -
The right to the above allowance was extended to those receiving old-
age, disability and survivors' pensions under social security schemes 
and to the members of their families (AYKY (Decision of the Minister 
for the Social Services) F.7/1104/81) and to officials and retired 
officials of public corporate bodies who are covered by the pension 
scheme of Law 3163/55, which treats them as civil servants, and to 
the members of their families (Law 1902/90, Article 40(7)) and to 
serving and to retired civil servants (whether civilians or in the 
armed forces) and to members of their families suffering from the 
disease (Law 1284/82, Joint Ministerial Decision 61384/1683/83). 
This special allowance has been classified as a type of pension (AYKY 
F. 7/1342/13423/81) and is paid for as long as the person concerned 
is judged to be tetraplegic/paraplegic; it is paid 14 times a year 
(12 months plus extra payments at Christmas, Easter and a holiday 
payment). 
Payment of the above allowances is conditional on: 
a) invalidity (determined by a special medical panel) to the extent 
Of 67% (Law 2042/92); 
b) eligibility, as determined by insurance criteria, for sickness 
benefit in accordance with the internal regulations of each 
insurance organisation; 
c) a minimum number of days or years of insurance contributions and 
d) the pensioned person not being in receipt of an allowance under a 
more comprehensive form of insurance. 
The allowance is payable irrespective of the earning capacity of the 
person concerned. 
Finally, tetraplegics/paraplegics are entitled to a pension after 35 
years (Law 1902/90, Article 40(8)) without any age limit once they 
have a contribution record of 4050 days or 15 years. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
The legislation at present in force in Greece does not seek to 
prevent or impose penalties for the creation of trade union 
organizations by workers, on the contrary a number of provision 
underpin and encourage the unhindered practice of this right. 
The provisions listed below refer to organizations which have as 
members workers who have a private-law subordinate employment 
relationship in the private or in the public sector. 
More specifically, the basis for the principle of the right of 
collective organization of workers in Greece is found in Articles 12 
and 13 of the Constitution (but with restrictions on the abuse of 
that right expressed in Article 25), Article 78 of the Civil Code 
and, in particular, in Articles 7 and 14 (1 and 2) of Law 1264/1982 
and in International Conventions of Labour 87/1948 and 98/1949 which 
have been duly ratified by legislation. 
- 135 -
A more detailed account of the situation is as follows: 
By the terms of Article 7 of Law 1264/1982 every worker who has 
worked for two months in the previous year in the undertaking or 
enterprise or branch of trade in which he is employed has the 
right to become a member of an organization in that undertaking 
or enterprise or branch of trade provided he satisfies the 
conditions for membership in the organization's articles of 
associât ion. 
The same article gives trade union organizations the right to 
become members of the above mentioned organization. 
If a worker is refused admission to a trade union organization or 
if a trade union is refused admission to one of the organizations 
referred to above, an appeal can be lodged with the competent 
lower court which can order the admission of the appellant to the 
trade union organization. 
Article 14 (1 and 2) of Law 1264/1982 lays down that State bodies 
have a duty to take the necessary steps to ensure the unhindered 
exercise of the right to establish and independently operate 
trade union organizations and generally prohibits any 
interference whatsoever in the exercise of trade union rights 
including the right to establish trade union organizations and to 
call for penal sanctions in accordance with Article 23 of the 
same law. 
According to Law 1876/1990 trade unions and employers' 
associations and individual employers have a right and a duty to 
negotiate the terms of collective agreements. 
The side exercising the right to negotiate has to inform the other 
side, in writing, of the place where the negotiations are to take 
place and of the subjects to be discussed. If the negotiations end 
in agreement the agreement is recorded in writing and signed by the 
representatives of the parties. If no agreement is reached the 
interested parties can ask for a mediator to be appointed or can go 
to arbitrât ion. 
The mediator is selected by the parties from a special list of 
mediators and, if they cannot agree, he is chosen by lot. 
The mediator invites the parties to discussions, interviews the 
parties in private, examines individuals or makes any other enquiries 
about the working conditions or financial situation of the 
undertaking. 
If the parties, in spite of the efforts of the mediator, fail to 
reach agreement within 20 days, the mediator presents his own 
proposal which, if accepted by the parties, is signed and has the 
same standing as a collective agreement. 
If the mediator's efforts are unsuccessful recourse can be had to 
arbitration under certain conditions. 
The arbitrator is selected, by agreement between the parties, from a 
special list of arbitrators. 
- 136 -
The arbitrator studies all the data collected at the mediation stage 
and, within ten days of assuming his duties, issues the arbitration 
award. 
The conditions governing the exercise of the right to strike are set 
out in Articles 19, 20 and 21 of Law 1264/82 as amended by Articles 3 
and 4 of Law 1915/90 and are as follows: 
a) Strikes are organized by trade unions. 
b) The right to strike may be exercised only if the employer or 
employer's association is given at least 24 hours' notice of the 
intention to strike and, in the case of workers with a private-
law employment relationship in the wider public sector whose work 
is vitally necessary to maintain basic public services (Article 
19 (2) of Law 1264/82 as amended by the changes in Article 3 of 
Law 1915/90), the strike call may not be put into effect until 
four full days after notification of the strikers' demands and 
the reasons underlying them. 
c) A strike may be called by a trade union only by a decision of its 
General Assembly or Council, depending on the form and size of 
the trade union, in accordance with the specific provisions of 
Article 20 of the same law. 
A strike in demonstration of solidarity may be called only by the 
more representative third-level trade union organization. 
Staff associations as defined in Article 1 (3a), indent cc' of 
Law 1264/82 may exercise the right to strike subsequent to a 
decision by secret ballot taken by a majority of the workers in 
an undertaking, public service, public corporate body or local 
authority. For workers in an undertaking, public service, public 
corporate body or local authority, if there is no staff 
association or company guild or branch guild of which most of 
them are members, a decision to strike may be taken by the most 
representative Trade Union Federation in the area where they 
work. 
d) The trade union organization which calls a strike must ensure 
that, for the duration of the strike, staff are present in 
sufficient numbers to guarantee the safety of the installations 
of the undertaking and prevent disasters or accidents and, with 
regard to trade union organizations of workers referred to in 
Article 19 (2) of Law 1264/82 as amended by the changes in 
Article 3 of Law 1915/90, they must in addition make available 
the staff required to maintain basic public services. 
Article 21 of the above Law, together with Article 4 of Law 
1915/90, defines the procedures relating to emergency staff and 
their manner of nomination. 
If there is no agreement on the nomination of emergency staff the 
body responsible for finding a solution is the committee referred 
to in Article 15 of Law 1264/82 as superseded by Article 25 of 
Law 1545/85. This committee has three members, is chaired by a 
court representative and the other members are a workers' 
representative and an employer. 
VOCATIONAL TRAINING - 137 -
1) The undernoted provisions regulate the access to vocational 
training: 
- Royal Decree 
- Law 709/77 
- Law 1346/83 
- Law 1404/83 
- Law 1545/85 
- Law 1566/85 
- Law 1836/89 of 6/6/52 on the education of trainee artisans. 
Introduction of incentives for vocational 
training of the workforce and regulation of 
associated matters. 
Amendment of and supplement to the provisions 
of labour legislation and regulation of various 
matters. 
Programmes for training units of the 
Organization for Labour Force Employment (OAED) 
(Article 50). 
National system to combat unemployment and 
other provisions (Chapter E). 
Second-levé I education 
Promotion of employment and vocational training 
and other measures. 
In application of this Law a National Council for Vocational 
Training and Employment (ESEKA) was established and is already 
operating; it recommends to the Government guidelines on 
vocational training and employment at national level, 
encourages cooperation between agencies implementing 
vocational training and employment programmes and generally 
directs their activities in accordance with national 
programmes of development. Associated with ESEKA there are 
regional (PEEKA) and préfectoral (NEEKA) committees which 
encourage democratic dialogue and the decentralisation of the 
decision-making process in the planning of policy on 
vocational training and employment. 
As part of the activities referred to above, and in the light 
of developments at national and European level, the ESEKA 
decided to draw up a framework of principles and guidelines 
for the development of human resources, with the following 
objectives: 
The establishment, at national and regional level, of a 
procedure for consultation relating to the drafting of policy 
on the development of human resources, involving the 
participation of the two responsible Ministries of Labour and 
of Education, the OAED, the two sides of industry, local 
authorities and the productive classes-, 
- 138 -
The definition of priorities for training structures and the 
establishment of general guidelines and priorities for 
preparatory work for the new Community support framework for 
1994-1998, based on labour market research at national and 
regional level. 
Also, in conjunction with the above planning structure, a 
recent piece of legislation, Law 2009/14.2.92, established the 
"National System of Vocational Education and Training (ESEEK) 
and other measures" and the Organisation for Vocational 
Education and Training (OEEK) was set up with the objectives 
of a) organising and operating public Institutes of Vocational 
Training (IEK), b) supervising private lEKs and c) realising 
the objectives of the ESEEK as they are set out in Article 1 
of the Law in question. 
The lEKs provide all kinds of vocational training, basic and 
supplementary, and ensure that the trainees acquire the 
necessary skills and qualifications to enable them to be 
easily integrated in society and at the workplace. The task 
of the lEKs is to fill an important gap in the field of 
vocational education and training, i.e. vocational guidance 
and vocational education and training for students who have 
completed second-1 eve I studies but have not gained admission 
to a university or a technical college. lEKs are open to 
students from lower and higher secondary schools, technical 
colleges, OAED apprentice schools and adults. They will begin 
to operate in February 1993 although 15 will be established in 
a pilot phase as from 1 September 1992. 
The programming of the vocational education and training 
courses in the lEKs will depend on the type of training and 
the educational level of the trainees. 
Finally, once the National Labour Institute has been set up -
the Bill establishing it is at present before Parliament - it 
will promote social dialogue, the study and drafting of 
proposals concerning policy on employment and vocational 
training, further training of staff in agencies working on the 
implementation of programmes, and also the administration of 
technical assistance for the support of the implemented 
programmes. 
- Law 4009/89 Decision of the Minister of Labour. Definition 
of the conditions for OAED for cooperation with 
the agencies referred to in Article 8 (1 and 2) 
of Law 1836/89 in connection with the drafting 
of vocational training programmes etc. 
It is clear from the above provisions that all young people in 
Greece, irrespective of their nationality, are entitled at the 
end of their compulsory schooling to have basic vocational 
training if they wish, either in lower secondary schools or in 
technical schools, in order to equip them for their future 
careers. 
- 139 
2) There are some new initiatives associated with the amendment of 
Article 6 of Law 709/77 and which the Directorate in the Ministry 
of Labour with responsibility for vocational training is already 
working on. 
3) The OAED has no specific structures in this area except those in 
the recent Law 1890/90 which replaced Emergency Law 1262/82 and 
which provides for the retraining in new technologies of 
redundant workers from firms in financial difficulty and of staff 
from private undertakings. In addition, the OAED considers 
suggestions from associations and federations for retraining of 
their members in accordance with Law 709/77. 
EQUAL TREATMENT FOR MEN AND WOMEN 
Equal treatment for men and women in labour relations is guaranteed 
by the Constitution (Articles 4 (2) and 22 (1)), by the National 
General Collective Agreement of 1975 which laid down the principle of 
equal pay for male and female workers and which was supplemented in 
1978 by ratification of International Labour Convention 100 'on the 
equal remuneration for men and women workers for work of equal 
value', and by Law 46/75. 
Law 1414/84 on 'ensuring equality of the sexes in labour relations 
and other provisions' (Gazette A/10/2.2.84) forbids any 
discrimination on grounds of sex or marital status in relation to 
access to, content and implementation of programmes and systems of 
careers guidance, vocational training, apprenticeships, further 
training, retraining, training for a change of occupation, open 
retraining courses, refresher courses and information for workers 
(Article 2). 
Access to all branches and levels of employment must be ensured 
irrespective of sex and marital status (Article 3). 
Men and women are entitled to equal remuneration for work of equal 
value (Art icle 4). 
Any discrimination, on grounds of the sex of the worker, with regard 
to terms and conditions of employment, vocational development or 
career advancement is forbidden (Article 5). 
Termination of an employment relationship for reasons relating to sex 
is forbidden (Article 6). 
Any employer who infringes the provisions of this Law is liable to a 
fine of Dr 20 000 to Dr 300 000 (Article 12). 
The Organization for Labour Force Employment (OAED), the General 
Secretariat for the Equality of the two Sexes and other agencies have 
taken steps to intensify action to encourage the equal treatment of 
men and women, e.g. by drawing up programmes for the vocational 
training of unemployed women and for the return of women to the 
labour market. In this connection mention should be made of the 
Social Initiative NOW (transnational cooperation programmes). 
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Law 1483/84 'Protection and assistance for workers with family 
responsibility' (Gazette 153/A/8.10.84) makes provision for parental 
leave for workers of both sexes to allow them to take care of their 
children. Such leave is for a period of three months for each parent 
and is granted for each child between the end of maternity leave and 
the date when the child is two and a half years of age. 
Parents are also allowed leave of absence in the event of sickness of 
the children or dependent members of the family, a reduction in 
working time of one hour per day if they have a child with a 
physical, psychological or mental impairment and, finally, they are 
entitled to leave in order to help their children's progress at 
school. 
The provisions of Law 1483/84 have also been extended to the public 
sector by Presidential Decree 193/88 and Law 1835/89 provides for 
subsidies to women's organisations and for the establishment of a 
Research Centre to investigate the question of equal treatment, but 
the Centre is not yet operating. 
Finally, Law 1892/90 deals with the question of part-time employment 
and provides for payment of allowances to mothers who have a third 
chiId. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
Provision is made in Greece for a system of information, consultation 
and participation of workers in decision-making relating to 
undertakings operating in Greece. 
The conditions for the procedures for and implementation of the 
measures in question are set out in Law 1767/88 on workers' councils, 
which ratified International Labour Convention 135. 
All undertakings with at least 50 employees come within the scope of 
this law. In undertakings without trade union representation the 
figure is reduced to 20. 
Law 1767/88 gives workers the right, through their councils, to 
obtain information and to take decisions jointly with the management 
of the undertaking in relation to a number of subjects affecting the 
workers in the undertaking and to its economic activity and its 
programming. 
a) In particular, Art icle 12 states that workers' councils: 
1. Take decisions jointly with the employer on the subjects 
listed below, provided they are not already regulated by 
legislation or collective agreement or if there is no trade 
union organization in the undertaking: 
aa) formulation of the undertaking's internal regulations 
bb) regulations governing health and safety in the 
undertaking 
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ce) drafting of documentation on programmes for new working 
methods in the undertaking and on the use of new 
technology 
dd) programming of retraining, ongoing training and further 
training of staff, especially after any introduction of 
new technology 
ee) the manner in which the presence and behaviour of staff 
are monitored, it being a condition that their dignity 
be respected, e.g. with regard to the use for the 
purposes of such monitoring of listening devices or 
cameras 
ff) programming of regular leave 
gg) the reintegration, at workplaces suited to their 
abilities, of workers disabled as a result of an 
industrial accident in the undertaking 
hh) programming and monitoring of cultural, recreational and 
social events and of social facilities. 
2. Examine and propose methods of improving productivity from all 
factors of production. 
3. Propose measures for the improvement of working conditions. 
4. Nominate the members of the Health and Safety Committee from 
the workforce. 
The agreement on the above matters is a written agreement and has 
regulatory force. Any disagreement which arises is resolved by a 
Préfectoral Committee in a reasoned decision. 
b) By the terms of Article 13: 
1) The employer is required to inform the workers' council 
concerning the matters listed below before any decisions 
related to them are implemented: 
aa) any change in the articles of association of the 
undertaking 
bb) total or partial transfer, extension or reduction of the 
undertaking's installations 
cc) introduction of new technology 
dd) changes or restructuring of staff, reduction or increase 
in the number of workers, and jobs suspended or to be 
worked in rotation 
ee) annual programming of investments for health and safety 
measures in the undertaking 
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ff) any information which the workers' council requests and 
which concerns the matters referred to in Article 12 of 
this law 
gg) programming of any overtime working. 
2) Workers' councils also have the right to be informed of: 
aa) the general economic trend of the undertaking and of the 
programming of production 
bb) the undertaking's balance sheet and annual report 
cc) the undertaking's operating results. 
c) By the terms of Article 14. if there is no trade union in the 
undertaking, the workers' council is to be consulted by the 
employer : 
aa) in cases of collective redundancies, insofar as provided 
for by the legislation in force at the time on the 
monitoring of collective redundancies 
bb) in cases where consultation with the workers is provided 
for in general or specific legislation. 
It should be pointed out that the operation of workers' councils 
under the above law is not intended to conflict with the aims, 
means and rights of the trade unions. On the contrary, the same 
law provides for cooperation with and the supply of information 
to the undertaking's trade union organization. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
Community Direct Ives concerning safety and health containing 
provisions more favourable than those at present In force in Greece 
Greek legislation has not yet been brought into line with the 
following Directives: 
1. Direct ive 88/642 
2. Directive 89/391 
3. Direct ive 89/655 
4. Direct ive 89/654 
5. Directive 89/656 
6. Direct ive 90/270 
7. Direct ive 90/269 
8. Direct ive 90/394 
With regard to Directive 88/642, the corresponding Greek law has 
already been prepared and is in the final stage of publication 
whereas the others are in course of preparation. 
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Worker participation In decision-making on health and safety 
At undertaking level 
In accordance with Article 1 of Law 1767/88 workers have the 
right to elect and organize workers' councils to represent 
them in the undertaking if the number of workers is at least 
20. Article 12 of the same law states that the role of the 
workers' council is to provide advice and information and its 
objective is to improve the working conditions of the workers 
in keeping with the development of the undertaking. 
In accordance with Law 1568/85 workers in undertakings which 
have more than one hundred and fifty (150) employees have the 
right to establish a committee of workplace health and safety 
consisting of elected representatives from the undertaking. 
At préfectoral level 
Each Prefecture has a collective advisory body for the health 
protection and safety of workers at the workplace, known as the 
Préfectoral Committee of Health and Safety at the Workplace. The 
members of such committees always include two representatives of 
the most representative Trade Union Federation in the Prefecture. 
At national level 
Three representatives of the representative third-level trade 
union organization are members of the Council for Health and 
Safety at the Workplace. The role of the Council is to provide 
information and reports for the Minister of Labour on matters 
concerning health and safety (for Presidential Decrees, 
Ministerial Decisions etc.). 
Finally, the parties to any collective agreement can make decisions 
Jointly on matters concerning health and safety. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
Article 2 of Law 1837/89 on the protection of young people, on 
employment and other matters states that young people must be at 
least 15 years of age before they can be employed in any capacity 
with the exception that young people under 15 may be employed in 
theatrical or musical performances or other artistic events provided 
such work is not harmful to their physical or mentai health or their 
morals. The employment of young people under the age of 15 in such 
events has to be authorized by the competent Labour Inspectorate and 
is subject to the restrictions contained in the abovementioned 
article. 
Also, Decision 130627/90 of the Minister of Labour, issued pursuant 
to Article 2(2) of Law 1837/89, gave a detailed description of 
hazards, strenuous and unhygienic work and types of work which are 
harmful to the mental health and generally are an obstacle to the 
free development of the personality of young people; young persons 
under 18 years of age may not be employed on such work. 
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By the terms of Article 6 of Law 1837/89 the remuneration of young 
people is based on at least the lowest wage for the work in question, 
as laid down in the National General Collective Agreement, for the 
number of hours worked. Provisions containing more favourable 
working conditions and higher levels of remuneration are contained in 
collective agreements. 
Article 5 of Law 1837/89 stipulates-. 
a) that young people who have not reached the age of 16 and young 
people studying in any kind of higher or lower secondary schools 
or public or private technical colleges recognized by the State 
may not work more than 6 hours per day or 30 hours per week and 
may not work overtime. 
For young people taking part in artistic or similar events the 
relevant provisions lay down further restrictions on working time 
depending on age (for young people between 3 and 15 years of age 
a maximum of two (2) to five (5) hours per day). 
b) That young people must have a daily rest period of at least 12 
hours, which must include the time between 10 p.m. and 6 a.m. 
This provision has the indirect effect of prohibiting night work 
for young people. 
c) That young people attending school or university who are also 
working should be facilitated with regard to the time at which 
the employer requires them to arrive at work and to be at work. 
In accordance with Article 4 of Law 1387/89 young workers, before 
being employed on any work, have to attend courses in out-of-school 
vocational guidance. These courses are designed and organized by the 
OAED which awards the young person a certificate for the course 
attended. 
By the terms of Articles 6-9 of Law 1566/85 all young people, 
Irrespective of nationality, are entitled at the end of their 
compulsory schooling to have basic vocational training if they wish, 
either in lower secondary schools or in technical schools, in order 
to equip them for their future careers. 
THE ELDERLY 
The provisions which ensure that every worker in the European 
Community enjoys resources affording him or her a decent standard of 
living were referred to in section D on Social Protection. 
With regard to the protection system for persons who have reached 
retirement age but who are not entitled to a pension, the Greek 
government wishes to state that every Greek citizen is entitled to 
medical attention, pharmaceutical products and hospital treatment. 
(9 
- 145 -
If the above services are not provided by the insurance organization 
the State assumes responsibility for them by issuing a certificate of 
financial need. Also, if the elderly person has particular problems 
with housing or because of a disability etc. he or she is entitled to 
an appropriate form of social assistance (housing or disability 
allowance) either as a lump sum or as an additional payment. 
Furthermore, if he or she is not entitled to a pension from some 
organization a non-insurance pension is provided. 
The above benefits are in the nature of relief payments but they are 
not sufficient to cover the minimum cost of living. 
DISABLED PERSONS 
The measures which have been taken by the State for the social and 
vocational integration of disabled persons are as follows: 
1.a) By Joint Decision 30965/14.5.91 of the Ministers of National 
Defence and of Labour, paragraph 1 of Article 2 of Law 1648/86 
on the protection of war disabled, war victims and disabled 
persons was partly amended in that Greek undertakings or 
foreign undertakings operating in Greece which have more than 
50 employees are required to recruit 2% of their workforce 
from persons who suffered disablement or the children of such 
disabled persons and of persons who died during the war period 
1940-1950, in the Korean war, in the hostilities in Cyprus and 
who took part in the national resistance (Article 1(1)), and 
5% from the persons referred to in Article 1(4). 
This Decision applies to the private and the public sector and 
shall be applied in every Prefecture after the applications 
from the persons referred to in Article 1(1) of Law 1648/86 
still pending in the relevant Committees at the time of 
publication (1.6.91) have been dealt with. 
1.b) The public services, public statutory bodies and local 
authorities are required to recruit, without an entrance 
competition, persons protected by Law 1648/86 in the ratio of 
five such persons per 100 vacancies and, for vacant positions 
of messengers, night watchmen, cleaners, charwomen, 
doorkeepers, gardeners and waiters, in the ratio of one 
protected person per 5 vacancies. 
In Article 13 of Law 2026/92 on "Rules concerning the 
organisation and personnel of the public service and other 
measures" the minimum disability which disabled persons must 
have in order to benefit from the provisions of the first 
indent of paragraph 4 of Article 1 of Law 1648/86 is set at 
40%. 
2. Decision No 30133/5.2.92 of the General Secretariat of Labour on 
the preparation of programmes relating to the contribution of the 
Labour Force Employment Organization (OAED) to the costs incurred 
- 146 -
by employers for basic ergonomie adjustment of workplaces to be 
used by disabled persons protected under Article 4 (1) of Law 
1648/86. 
Joint Decision 30134/18.2.92 of the General Secretariats of 
Finance and Labour on the preparation of programmes for 
subsidizing private undertakings, organizations and local 
authority and public utility undertakings, cooperatives of trade 
groupings and associations thereof which employ disabled persons 
under the compulsory recruitment procedure (Article 2 of Law 
1648/86) and in general for subsidizing employers recruiting 
disabled persons. 
By the terms of Ministerial Decree 2065/89 disabled persons are 
entitled to six extra days paid holiday. 
IMPLEMENTATION OF THE CHARTER 
The fundamental social rights contained in the Social Charter 
correspond to the individual and social rights included in and 
safeguarded by the Greek Constitution. These constitutional rights 
do not confer on the individual citizen a right of action against the 
State to guarantee a particular social right (apart from certain 
cases of payment of welfare benefits not based on financial criteria 
where such an action may be brought before Greek courts). However, 
they serve as a marker for the Greek State, indicating the general 
direction to take in order to protect such rights by means of 
appropriate legislation. 
In practice there are laws and presidential decrees which ensure the 
protection of all social rights. 
-m-
I RELAND 
- 148 -
INTRODUCTION 
In Ireland the Government and the principal social and economic 
interests reached agreement in January 1991 on the Programme for 
Economic and Social Progress. This accord outlines a long-term 
strategy which has as its main objectives: 
sustained economic growth and the generation of greater income 
to produce a narrowing of the gap in living standards between 
Ireland and the rest of the European Community, based on 
increased enterprise, efficiency and competitiveness and 
maintaining a low inflation economy; ' 
a substantial increase in employment; 
a major assault on long-term unemployment; 
the development of greater social rights within the health, 
education, social welfare and housing services; 
the promotion of collective and individual social responsibility 
in relation to discharge of tax liabilities, fair conduct in 
business dealings, sensible treatment of the environment and 
reasonable use of public services; and 
the development of worker participation, women's rights and 
consumers rights. 
The Government and the Social Partners are united in their 
acceptance that these objectives must be met in the context of very 
radical changes now taking place in the international environment. 
Developments within the EC, in particular, the creation of the 
Single Market and Economic and Monetary Union, mean that Ireland 
will become more closely integrated into the international economy. 
The Programme provides that with regard to Social Policy, Ireland 
supports Community action geared to promoting social cohesion as an 
essential basis for creation of the Single Market and for 
sustainable economic integration generally. 
Ireland will promote Community action directed at the progressive 
convergence of social policy in an upward direction. An important 
aim of Irish policy is to ensure that specific Community actions in 
this broad area are satisfactorily adapted to Ireland's distinctive 
circumstances and needs, particularly the need to increase numbers 
in viable employment. Ireland is committed in it's support for the 
practical expression of the rights set out in the Social Charter 
through the adoption of Community instruments that respect the 
overriding employment imperative and the varying practices of member 
States. 
During the period covered two pieces of legislation were enacted 
which will significantly improve the rights of workers. The first 
of these was the Worker Protection (Regular Part-Time Employees) 
Act, 1991. This Act will ensure that people who work on a part-time 
basis have the protection of the law in relation to their work. The 
second was the Payment of Wages 1991 which gave all employees a 
range of rights relating to the payment of their wages. 
- 149 -
FREEDOM OF MOVEMENT 
The existing legislative framework guarantees the free movement and 
employment of nationals of EC member States and no new initiatives 
are contemplated in this regard. 
Measures to encourage family re-unification. recognition of 
qualifications and to improve living and working conditions 
Ireland complies with the requirements of EC Council Regulation 
1612/68 in relation to family re-unification. 
Ireland actively supports the efforts at Community level to 
encourage the recognition of diplomas etc. 
A Transfrontier Committee, sponsored by the EC, was established 
between Ireland and the UK in 1991. The Committee comprises of 
representatives from the UK Employment Service and the Department of 
Employment Training Directorate, FAS (National Training and 
Employment Authority in Ireland) and representatives from the 
voluntary sector in both countries. The remit of the Committee 
includes: 
the provision of appropriate support for workers seeking to move 
between Ireland and the UK, and 
the minimisation of difficulties of entry to employment and 
training markets by arriving or returning emigrants. 
EMPLOYMENT AND REMUNERATION 
Fair remuneration for workers 
Joint Labour Committees, which draw up minimum rates of pay and 
other conditions of employment operate for a limited number of 
industries and trades. These rates become legally binding when 
ratified by the Labour Court in the form of Employment Regulation 
Orders. Employees in the sectors covered by Joint Labour Committees 
are generally non-unionised and regarded as low paid. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
Measures covering duration and organization of working-time and 
forms of employment other than open-ended full-time contracts 
A Labour market survey published in 1989 showed that the average 
number of hours worked by full-time employees in industry in Ireland 
was 41 hours. 
- 150 -
The Framework Agreement on Hours of Work negotiated under the 
Programme for National Recovery (1987-1990) provided for a reduction 
of working hours by one hour in cases where the normal working week 
is at or above 40 hours. This reduction in working hours has 
generally been implemented throughout the economy. The question of 
a further reduction in working hours was discussed in the recent 
negotiations between the Government and the Social partners on the 
Programme for Economic and Social Progress but agreement was not 
reached on the issue. The Programme states that the ICTU have 
indicated that they will, in the event of negotiations for a further 
Agreement on Pay and Conditions, be seeking a general reduction in 
working time in the context of international developments and the 
economic and social situation in Ireland. 
The Conditions of Employment Act. 1936 lays down certain minimum 
statutory provisions to which shift-work and overtime in Industry 
must conform and also governs entitlements to intervals. The Shops 
(Conditions of Employment) Acts 1938 and 1942 regulates and controls 
conditions and hours of work in wholesale and retail shops, 
warehouses, hotels (Dublin City only) licensed premises and 
refreshment houses (restaurants, cafes or tea shops). 
In line with a commitment by the Minister for Labour in the 
Programme for Economic and Social Progress (negotiated between the 
Government and the social partners) a review of this legislation is 
in progress. 
The Worker Protection (Regular Part-Time Employees) Act. 1991 
This Act will extend the following Acts to regular part-time 
employees: 
Holidays (Employees) Act, 1973 
Maternity Protection of Employees Act, 1981 
Minimum Notice and Terms of Employment Act, 1973 and 1984 
Protection of Employees (Employer's Insolvency) Acts 1984 and 1990 
Redundancy Payments Act, 1967 to 1990 
Unfair Dismissals Act, 1977 
Worker Participation (State Enterprises) Act, 1977 and 1988 
Regular part-time employees are defined as those who normally work 8 
hours per week and have 13 weeks continuous éervice. Prior to the 
introduction of this legislation a threshold of 18 hours per week 
existed in order to be covered by these Acts, with the exception of 
the Holidays Employees Act, 1973, which required that 120 hours per 
month be worked. 
Most labour legislation offers protection to employees who have 
"contracts of service". Agency workers do not come within this 
definition. The Minister for Labour has undertaken, in the 
Programme for Economic and Social Progress, to examine the position 
of agency workers. 
- 151 -
Rights governing annual paid leave and weekly rest periods 
The Holidays (Employees) Act. 1973 provides that an employee who 
works at least 1400 hours (1300 hours if under 18) in the leave 
year, i.e. 1st April to 31st March, is entitled to 3 weeks paid 
leave, unless he changed his employment during that year. An 
employee who has not worked the required total hours in the leave 
year, or who changed his employment in that year, is entitled 
instead to paid leave at the rate of 3/4 of a week for each calendar 
month during which he worked at least 120 hours (110 hours if under 
18). 
A review of the legislation relating to holidays has commenced in 
accordance with the Minister for Labour's undertaking in the 
Programme for Economic and Social Progress. 
While the legislation sets down minimum statutory entitlements, in 
practice, annual leave entitlements are usually negotiated by 
collective bargaining and the average annual entitlement would be 
approximately 4 weeks. The question of a weekly rest period is 
again generally a matter for negotiation, other than the minimum 
hours set down in the Conditions of Employment Act, 1936 and the 
Shops Act 1938 and 1942. 
Defining conditions of employment 
The conditions of employment of Irish workers are defined in a 
variety of ways. Minimum statutory entitlements are laid down in a 
number of labour laws relating to holidays, dismissal, maternity 
leave, notice, redundancy etc.. In addition, many workers have 
entitlements set down in a written contract of employment or a 
collective agreement negotiated with the employer. 
The Minimum Notice and Terms of Employment Act. 1973 provides that 
an employee covered by the Act may require his or her employer to 
furnish a written statement containing all or some of the following 
particulars: 
a) date of commencement of employment 
b) the rate or method of calculation of remuneration 
c) the length of the intervals between the times of which 
remuneration is paid, whether weekly, monthly or any other 
per iod, 
d) any terms or conditions relating to hour or work or overtime 
e) any terms or conditions relating to 
i) holidays and holiday pay 
ii) incapacity for work due to sickness or injury and sick pay, 
and 
iii) pensions and pension schemes, 
f) the period of notice which the employee is obliged to give and 
entitled to receive is determined by her contract of employment, 
or (if the contract of employment is for a fixed term) the date 
on which the contract expires. 
An employer is obliged to provide the above details within one month 
of a request to do so. 
- 152 -
SOCIAL PROTECTION 
Organization of Social Protection System 
Social Security Services in Ireland are organized under the general 
control of the Minister for Social Welfare. The Department of 
Social Welfare is responsible for administering the State's 
statutory and non-statutory social security services. The primary 
function of the Department is one of income maintenance and it 
provides cash benefits for people at certain stages of their lives 
or when contingencies such as sickness or unemployment arise. 
Services are divided into two categories: Social Insurance and 
Social Assistance. The range of services provided covers all of the 
internationally recognized branches of social security, e.g. old 
age/retirement pension, widowhood, sickness, unemployment maternity 
and employment injury. It also administers the family support 
schemes of Child Benefit and Family Income Supplement. In addition 
to cash benefits, benefits in kind such as dental and optical 
benefit, free travel and free electricity for the elderly and the 
disabled are provided. The Department also administers a scheme of 
grants for voluntary organizations in the social services area and 
is responsible for the Combat Poverty Agency which was established 
in 1986. 
Social Insurance Contributions 
All employees, irrespective of their level of earnings are 
compulsorily insured from the age of 16 years to 66 years. 
Insurance contributions are earnings-related but the percentage of 
salary payable varies according to the nature of employment. 
Entitlement to various benefits is subject to being insured in an 
appropriate contribution category. Since April 1988 self-employed 
persons have also been liable for social insurance contributions 
which entitle them to certain long-term benefits. 
All social welfare payments are related to need. In recent years 
the extent of the increases in social welfare payments announced in 
the annual Budget have been equal to or greater then, the prevaiIing 
rate of inflation. In addition, special increases have been 
provided for those on the lowest payment such as the long-term 
unemployed. 
Social Insurance Benefits 
Entitlement to a Social Insurance Benefit depends on the claimant 
having a certain standard of pay-related social insurance (P.R.S.I.) 
Contributions recorded.. 
Subject to appropriate statutory conditions (but without regard to 
the recipients means) the following flat-rate insurance benefits are 
- 153 
available: Disability benefit, invalidity pension, unemployment 
benefit, maternity benefit, widows' pension, deserted wives' 
benefit, orphans' allowance, treatment benefit and a death grant. 
Pay-related benefit is payable with disability benefit, unemployment 
benefit and injury benefit to persons whose employment is insurable 
at certain rates of insurance contribution. The cost of the flat-
rate and pay-related benefits is met by pay-related social insurance 
contributions from employers, employees and the self-employed with 
the balance of the expenditure being paid by the Exchequer. 
Occupational Injuries Benefit 
The Insurance services also provide for payment of benefits in 
respect of injury, disablement or death, as well as medical care 
resulting from an occupational accident or disease. These benefits 
are available to employees, irrespective of age. No statutory 
contribution conditions exist for entitlement to these benefits. 
Social Assistance Schemes 
Social assistance is paid to those who do not satisfy the 
contribution conditions necessary for receipt of social insurance 
benefits, or to people who have exhausted their entitlement to 
insurance benefits. To qualify for social assistance, the claimant 
must satisfy a means test. Supplementary Welfare Allowance is 
usually payable where the person has no means or insufficient means 
to meet essential needs and where the conditions for receipt of 
disability benefit and unemployment benefit/assistance are not 
satisfied. The allowance is a safeguard measure that ensures that 
the person receives a basic income maintenance entitlement. 
Child Benefit is payable without a means test in respect of children 
under 16 years of age and children between the ages of 16 and 18 who 
are in full-time education or physically or mentally handicapped. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
Laws governing formation of professional organizations or trade 
unions 
The relevant position in the Constitution in relation to freedom of 
association is Article 40.6.1. In this Article the State guarantees 
liberty for the exercise, subject to public order and morality, of, 
inter alia, "the right of citizens to form associations and unions". 
The Article provides that laws may be enacted for the regulation and 
control in the public interest of the exercise of this right. 
Article 40.6.2 provides that laws regulating the manner in which the 
right of forming associations and unions may be exercised shall 
contain no political, religious or class discrimination. 
The right to join associations, unlike the right to form 
associations is not guaranteed by the Constitution. Although the 
154 -
power of the Oireachtas (Parliament) to regulate freedom of 
association is limited, trade unions may themselves impose 
restrictions on the right to join. A trade union is not obliged, 
constitutionally or otherwise, to accept every applicant into 
membership. A number of legal cases have established that there is 
no constitutional right to join the union of ones' choice. 
The Courts have also established the principle that the freedom or 
right to associate necessarily implied a correlative right not to 
join any trade union. 
Some categories of workers i.e. members of the Defence Forces and of 
Garda Siochana (Police) are forbidden by law to join ordinary trade 
unions and to resort to industrial action to effect changes in their 
terms and conditions of employment. 
Procedures for negotiating and concluding collective agreements 
The principle of free collective bargaining forms the basis of the 
industrial relations system in Ireland. The terms and conditions of 
employment of the majority of workers are governed by collective 
agreements arrived at through the process of collective bargaining 
at local level between employers or employers associations and one 
or more trade unions. Certain basic rights covering such matters as 
hours of work, minimum notice, dismissal and holiday entitlements 
are provided for in legislation. The terms of collective agreements 
are not legally binding in keeping with the informal system of 
collective bargaining in Ireland. However, under the Industr ial 
Relations Act. 1946. it is open to the parties to an agreement to 
register the agreement with the Labour Court and thereby give it 
legal effect. The coverage of the agreement may be extended to 
employers and workers in the same industry even if they were not 
parties to the negotiations provided the Labour Court is satisfied 
that the parties to the negotiations are substantially 
representative of the class, type or group of workers to whom it 
applies. 
An employer is not legally obliged to bargain with a trade union and 
may refuse to recognize it for this reason. However the Irish 
courts have held that a dispute concerning union recognition is a 
dispute for the purpose of allowing strike action to be taken. A 
trade union may, under the Industrial Relations Act. 1969. also 
unilaterally refer a recognition dispute to the Labour Court 
agreeing to be bound by its decision. The Labour Court generally 
recommends that the employer and trade union agree to negotiate a 
collective agreement, even where the trade union in dispute has not 
secured a majority of the employees in membership. 
Regulations governing the exercising of the right to strike and 
provision of conciliation, mediation and arbitration procedures 
Irish statute law does not provide a positive right to strike; 
rather it provides a system of immunities to ensure that in certain 
circumstances, trade unions holding negotiation licences and their 
members are legally protected if they institute industrial action. 
- 155 
The legality of trade unions and their immunity from both criminal 
and civil conspiracy in the event of a trade dispute were guaranteed 
by the Trade Disputes Act. 1906. This Act was repeated and 
substancially re-enacted in the Industrial Relations Act. 1990. The 
1990 Act protects against liability in relation to conspiracy, 
peaceful picketing, inducement of breach of the contract of 
employment or interference with the trade, business or employment of 
another, provided, in all cases that the act is done by a person "in 
contemplation or furtherance of a trade dispute". The Trade Union 
Act. 1941 made it obligatory for any body of persons, which wished 
to carry on negotiations for the fixing of wages or other conditions 
of employment to hold a negotiation licence granted by the Minister 
for Labour. The conditions, which a body had to fulfil in order to 
be granted a licence, have been amended by the Trade Union Act. 1971 
and the Industrial Relations Act, 1990. 
The principal conditions are as follows: 
(i) it must be registered as a trade union under the Trade 
Union Act with the Registrar of Friendly Societies or, in 
the case of a foreign-based union, it must be a trade union 
under the law of the country in which its headquarters 
control is situated; 
(ii) it must have a minimum of 1,000 members-, 
(iii) it must give notice of its intention to apply for a licence 
18 months before doing so; 
(iv) it must deposit with the High Court a sum of money ranging 
from IR£20,000 to IR£60,000 depending on its membership. 
Foreign based unions are not required to register with the Registrar 
of Friendly Societies in order to obtain a negotiation licence. 
However, a foreign-based union must have a controlling authority, 
every member of which is resident in the State of Northern Ireland, 
which has power to make decisions in relation to issues of direct 
concern to members of the trade union resident in the State or 
Northern Ireland. Apart from this, a foreign based union must 
satisfy the same conditions to obtain a negotiation licence as Irish 
based unions. 
The principle of free collective bargaining forms the basis of the 
industrial relations system in Ireland. This system assumes freedom 
for workers to organise and to bargain with the employer while the 
States' function is to provide the necessary legislative and 
institutional supports. The principal dispute settling bodies 
provided by the State are the Labour Relations Commission and the 
Labour Court. 
A. The Labour Relations Commission 
Set up in 1991 under the Industrial Relations Act, 1990, the LRC has 
overall responsibility for the promotion of good industrial 
relations. It is guided by a tri-partite board with employer, trade 
union and independent representatives appointed by the Minister for 
Labour. 
- 156 -
The main functions of the Commission are: 
a) to provide a conciliation service which assists parties to a 
dispute to resolve it where direct negotiations between the 
trade union and management have failed; 
b) to provide an advisory service whose function is to assist in 
identifying the underlying problems which may give rise to on­
going industrial relations unrest and help work out solutions to 
such problems; 
c) to provide a rights commissioner service which assists in the 
resolution of disputes involving individual workers; 
d) to conduct or commission research on industrial relations; 
e) to review and monitor industrial relations developments; 
f) to prepare and offer guidance on codes of practice on industrial 
relations issues which are drawn up in consultation with trade 
unions, employers' organisations and other interested parties. 
The terms of a code of practice are not legally binding. 
However, courts of law and industrial relations bodies may take 
account of any provisions of a code of practice which they deem 
to be relevant in determining any proceeding before them. 
B. The Labour Court 
Set up in 1946, the Labour Court is a court of last resort in 
dispute resolution. It is an independent tri-partite body with an 
equal number of members nominated by employer and worker 
organisations and with its Chairman and Deputy Chairmen appointed by 
the Minister. Disputes must first be referred to the Labour 
Relations Commission. Once the Commission is satisfied that no 
further efforts on its part will help resolve the dispute the 
parties may refer the dispute to the Court which will issue a 
recommendat ion. 
Regulations governing the civil service, the Defence Forces and the 
Police in relation to the right to strike 
Civil service employees enjoy the same rights regarding strike 
action as other trade union members. 
Members of the Defence Forces and of the Garda Siochana are 
forbidden by law to join ordinary trade unions and to resort to 
industrial action to effect changes in their terms and conditions of 
employment. 
VOCATIONAL TRAINING 
Organisât ion of VocationaI Training Services in Ireland 
In Ireland primary responsibility for training rests with employers. 
However FAS, the Training and Employment Authority, encourages firms 
through its Training Advisory Service to provide training for their 
employees. It also operates a Levy Grant Scheme for Companies above 
- 157 -
a defined size in certain industries, e.g., Textiles, Chemical and 
Allied Products, Food, Drink and Tobacco, etc., whereby these 
Companies are entitled to net a grant payable to them of up to 90% 
of their training levy due to FAS, and pay it the balance, if they 
provide training of a satisfactory standard for their employees. 
In addition to apprenticeship training courses FAS also runs a range 
of training courses geared towards various categories of people, 
mainly unemployed people, young people seeking their first job and 
mature people (mainly women) interested in returning to the 
workforce. It also provides training under the Industrial 
Restructuring Training Programme for small and medium sized 
enterprises, in order to help improve their competitiveness in the 
context of the Single European Market. 
EC nationals are afforded access to vocational training on the same 
basis as Irish nationals. 
The State through FAS provides a certain amount of training for 
persons in employment. In addition there are in existence many 
private sector agencies which provide training on a fee paying basis 
for individuals or persons referred by their employers. 
As indicated above, primary responsibility for training rests with 
employers. However, FAS, which is a public body, also provides 
training. The Board of FAS is composed of representatives of 
Government, employers and trade unions and thus its policies are 
formulated by representatives of these three sectors. 
EQUAL TREATMENT FOR MEN AND WOMEN 
Legislation governing the principle of equal treatment for men and 
women 
The Anti-Discrimination (Pay) Act. 1974 established the right to 
equal remuneration where women employed by the same employer in the 
same place of employment are doing "like work" with men. 
The Employment Equality Act. 1977 makes it unlawful to discriminate 
on grounds of sex or marital status in relation to access to 
employment, conditions of employment (other than pay or occupational 
pension schemes), training or work experience or in the matter of 
opportunities for promotion or regrading. 
Grievances under equality legislation can be pursued by any person 
in proceedings before Equality Officers, the Labour Court and in 
certain circumstances, the Civil Courts. 
The Employment Equality Agency was established under the Employment 
Equality Act, 1977. It has both an investigative and over-seeing 
roie and was conferred with three main functions 
to work towards, the elimination of employment discrimination 
to promote equality in employment opportunity and 
to keep under review the 1974 and 1977 Acts. 
- 158 -
Initiatives to Implement equal treatment 
A. Promoting Equal Opportunities in the Public Service 
On the premise that the public sector can be a proving ground 
for new concepts of positive action, and that it has an 
obligation to give leadership to the private sector, the process 
of monitoring equality of opportunity initiatives was started in 
the civil service by unions and management in 1987. In 1989 
this process was extended to Semi State bodies. In accordance 
with a commitment in the Programme for Economic and Social 
Progress (PESP) this monitoring process was extended to Health 
Boards and Local Authorities in respect of 1990. In order to 
help these bodies in the furtherance of equal opportunity 
initiatives the Department of Labour together with the EEA 
assisted the Institute of Public Administration in the planning 
and organization of a workshop on equal opportunities for public 
sector bodies in 1991. The Employment Equality Agency also 
hosted seminars on equal opportunities for Local Authorities, 
Health Boards and Voluntary Hospitals in 1991. 
B. Government Role in Giving a Lead to the Private Sector 
Within the private sector a number of companies are operating 
positive action programmes and clear guidance has been provided 
on this matter by ICTU and FIE. 
The Minister for Labour's award scheme, Equality Focus, is 
organized on a biennial basis by the Employment Equality Agency. 
The scheme is designed to encourage Irish employers in both the 
public and private sectors to develop positive approaches to 
equality at work; offer recognition to those companies that had 
already adopted equal opportunities policies; and contribute to 
the awareness among Irish employers of positive action as a 
human resource issue. 
Extra funding has been made available to the Employment Equality 
Agency in 1992 specifically to assist the Agency in developing 
the Equality Focus Award Scheme as a means of encouraging 
employers to adopt positive action measures. 
C. Training 
FÂS, the National Training and Employment Authority introduced a 
Positive Action Programme in 1990. The Programme which is 
reviewed annually, aims to promote the elimination of 
traditional patterns of occupational segregation by encouraging 
more women to enter non-traditional areas of work and, more 
generally, to promote women's full participation at all levels 
of the labour market. 
- 159 -
D. Removal of Age Limits in Public Service Recruitment 
There is a Government commitment in the Programme for Economic 
and Social Progress to a policy of substantially raising 
recruitment age limits throughout the public sector having 
regard however to the need to hold competitions for school-
leavers, trainees and graduates. This commitment has been 
implemented in relation to the civil service, local authorities 
and health boards. As a result, age limits for many posts In 
these public sector organizations are now 50 years. 
E. Protection of Dignity of Women and Men at Work 
Consultations are taking place between the Department of Labour, 
the Social Partners, the Employment Equality Agency and the 
Labour Relations Commission about the best means of implementing 
the EC Code of Practice on the Protection of the Dignity of 
Women and Men at Work. 
Measures to enable men and women reconcile Occupational and family 
commitments 
Most public sector organizations and the civil service provide for 
flexible working hours, job sharing and career breaks. 
In the PESP, the government acknowledged the need for a policy to 
encourage the development of child care services as a collective 
responsibiIi ty. 
A Working Party on Childcare for Working Parents was established by 
the Minister for Labour in 1990 to devise specific recommendations 
for the development of childcare partnership-, between parents, local 
employers and community groups. The role of the Working Party was 
expanded in 1991 to take account of the EC Council Recommendation on 
Childcare. The Working Party, which has representation from FIE, 
ICTU, FAS, the Departments of Health and Labour and the Irish expert 
on the EC child care network, is due to produce its final report 
shortly. This report will be considered by the Government in 
developing specific policies and mechanisms to improve child care 
for working parents. 
A number of public sector organizations and third level education 
institutions have creche facilities or are examining the question of 
establishing such facilities. There is a commitment in the 
Programme for Economic and Social Progress that the Government will 
continue to encourage the provision, on a progress basis, of child 
care services for workers in the public service, with the State 
providing physical facilities and staff paying the running costs. 
The first Civil Service creche was opened recently. 
Since 1990 two private sector employers opened creches. 
160 -
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
A Joint Declaration on Employee Involvement in the private sector, 
was adopted by the Federation of Irish Employers and the Irish 
Congress of Trade Unions having been drawn up under the auspices of 
the Employer Labour Conference. Its publication had been provided 
for under the Programme for Economic and Social Progress which was 
agreed in January 1991 by the Government and Social partners. 
The document emphasizes the principle of voluntarism and the 
recognition of the differing needs of organizations. No strict form 
of participation is prescribed and organizations are free to develop 
arrangements which best suit their circumstances. 
The main responsibility for ensuring the greater development of 
employee involvement in the private sector rests with the parties 
directly concerned. The Irish Productivity Centre has been designed 
as the National Participation Agency and will advise and help 
organizations in putting arrangements in place. The ELC will 
monitor developments. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
The Safety. Health and Welfare at Work Act. 1989. incorporates many 
of the provisions of the "Framework" EC Council Directive 89/391/EEC 
on the introduction of measures to encourage improvements in the 
safety and health of workers at work. This relates to matters such 
as scope, employers obligations, protective and preventive measures, 
worker information, consultation and participation of workers and 
workers' obligations etc. 
Prior to the introduction of the 1989 Act only certain sectors of 
activities were subject to statutory provisions. These include 
manufacturing industry, construction, mining and quarrying and the 
use, storage, transport etc of dangerous substances. Other 
legislation which applies only to those sectors (e.g. the Safety in 
Industry Acts, 1955 and 1980, the Mines and Quarries Act, 1965 and 
the Dangerous Substances Act, 1972 and 1979) also embodies many of 
the features of the individual Directives which have been adopted 
under the Umbrella of the Framework Directive 89/391/EEC. New 
Rt'jétions are currently being drafted to be made under the 1989 
Act to give full effect to the provisions of these Directives. 
The employer under section 13(1) of the 1989 Act is required to 
consult his employees for the purpose of the making and maintenance 
of arrangements which will enable him and his employees to co­
operate effectively in promoting and developing measures to ensure 
their safety, health and welfare at work and in ascertaining the 
effectiveness of such measures. He must also, so far as it 
reasonably practicable, take account of any representations made by 
his employees. 
(101 
- 161 -
Under Section 13(2) of the 1989 Act employees have the right to make 
representations to and consult their employer on matters of safety, 
health and welfare in their place of work. 
Employers also have the right to appoint safety representatives who, 
inter alia, may conduct investigations at the workplace. 
The purpose of formal consultation between employer and workers is: 
to secure active worker participation in accident and disease 
prevent ion; 
to bring management and workers together to review and take 
action on safety and health problems; 
to establish a means of communication so that workers can bring 
to light safety hazards or make suggestion for appropriate 
safety measures. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
The legislation governing the employment of young people is the 
Protection of Young Persons (Employment) Act. 1977. Under the terms 
of this Act the employment of children under 15 is generally 
prohibited. However, provision is made for the employment of 
children over 14 during school holidays. The act governs hours of 
work, hours which may be worked at night and hours which may be 
worked on overtime. 
_-16Z_-
I T AL Y 
- 163 -
FREEDOM OF MOVEMENT 
Certain aspects of the problems outlined in the first report remain 
outstanding, as the first part of Community Regulation 1612/68 is 
still undergoing in-depth examination by the competent Community 
departments. 
EMPLOYMENT AND REMUNERATION 
In the employment sector as such, while the underlying themes remain 
essentially the same as those described, the following provisions 
relating to the year under consideration should be mentioned: 
Decree Law No 108 of 29 March 1991 transposed into Law No 169 of 
1 June 1991 establishing "Urgent provisions to support 
employment" (published in the Gazzetta Ufflc/ale No 147 of 
25.6.1991 - coordinated text). 
This Decree Law constitutes an essential link-up with the provision 
for reform of the labour market, because it regulates contingency 
intervention under the CIG ("Cassa Integrazione") temporary 
redundancy and unemployment fund, covering also long-term measures 
(e.g. those in support of employees of GEPI companies). 
The decree also provides for a series of measures on early 
retirement, a fund to combat unemployment, financing for socially 
useful work in the areas of Naples and Palermo, and provisions 
governing employment training contracts. 
Law No 223 of 23 July 1991 establishing "Regulations governing 
the Cassa Integrazione, mobility, unemployment benefits, 
implementation of European Community directives, placement in 
employment and other arrangements relating to the labour market" 
(published in Gazzetta Ufficlale No 175 S.O. of 27.7.1991): 
This law, already quoted in the first report on the subject of 
collective redundancies, stipulates arrangements for mobility and 
new rules on early retirement as well as reforming the procedures 
governing placement in employment by introducing the principle of 
calling for applicants by name. The reform is designed to move away 
from a predominantly welfare-based policy and give priority to an 
active employment policy. 
Law No 22 of 20 January 1992 "Urgent measures on employment": 
This law caters for calls from several political and social quarters 
to safeguard the employment levels achieved through previous legal 
provisions. The measure provides for the pursual of state 
intervention for the financing of projects in the areas of Naples 
and Palermo and stipulates measures for income supplements in the 
crisis-ridden areas of Sicily and for GEPI workers. 
- 164 -
Law No 59 of 31.1.1992 "New provisions on cooperatives" 
(published in Gazzetta Ufffciale No 31 S.O. of 7.2.1992): 
This provision amends the legislation in force on cooperative 
arrangements. The aim is to consolidate cooperatives from the 
economic and financial points of view by raising the number of 
shares a member can hold, by introducing the profile of the 
subsidising partner and "shares in cooperative participation", and 
by setting up mutual funds for the promotion and development of 
coopérât ion. 
As more specifically regards remuneration, it can be pointed out, in 
addition to what was said in the first report, that the joint 
consultation between government, trade unions and industrialists was 
carried on in 1991 in order \6 define the cost of labour and the 
consequent changes needed to the sliding scale system and automatic 
wage adjustments. 
As regards the safeguarding of workers' income: 
Decree Law of 23.1.1992 implementing Directive No 80/87 on the 
protection of employee claims in the event of insolvency of 
their employer, pursuant to Article 48 of Law No 428 of 
29.12.1990 (Community law for 1990) (published in Gazzetta 
Ufficiale No 36 S.O. of 13.2.1992). 
The provision introduces measures to guarantee in the event of 
insolvency of the employer: 
a) employee claims in respect of remuneration for the last three 
months of the contract of employment which were part of the 
twelve months preceding the date of the provision establishing 
the opening of bankruptcy proceedings or beginning of compulsory 
enforcement ; 
b) social security or compulsory welfare benefits in the event of 
gaps in contributions paid in and starting date of the time 
limit: in this case, the missing contributions are considered to 
have been paid so as not to compromise workers' entitlement; 
c) old age benefits under complementary schemes in the event of 
gaps in contributions paid in; a specific guarantee fund is 
provided for under the INPS. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
Although there have been no significant changes on the legislative 
and contractual front since the first report, mention should 
nevertheless be made of the following trends which emerged in 1991 
towards a more functional organisation of working hours established 
by agreement. 
- 165 -
Types of arrangements concerning working hours (flexibility) 
There have been significant new developments in the national 
contracts in industry. This is confirmed by the rules 
established by the last round of negotiations in which Inter 
alla a multi-period timetable was introduced and part-time 
working was regulated in a more specific manner. 
No changes were made in the 1990 and 1991 contracts to make the 
rules on overtime work more practical. The degree of flexibility 
agreed on by the two sides of industry generally keeps the use 
of overtime within the limits set by contract except in 
situations of force majeure which are themselves subject to 
prior contractual authorisation negotiated within the company in 
cases where there is a stated and/or contingent objective to 
increase use of plant and machinery. 
In non-industrial contracts, flexible working hours have been 
gone into in greater detail. 
The maximum period throughout which the weekly working timetable 
can be as high as 44 hours has been extended to 90 days for 
agricultural workers, with compensatory time off during other 
periods of the year (the basis for this being the provincial-
level negotiations). The problem of seasonal peaks has also 
been dealt with in the contract on tourism activities, through 
the provision concerning the multi-week timetable. 
In the credit sector, the reduction in weekly working hours 
introduced by the 1990 contract has been offset by a half-hour 
increase per day in the maximum counter timetable (from 6 p.m. 
to 6.30 p.m.) in order to improve the usability of banking 
services, particularly in the afternoon. 
The public service contracts which expired in 1990 have not yet 
been renewed. The broad lines established in the departmental 
agreement should still serve as a guideline for these renewals, 
particularly as regards working hours. 
Negotiations concerning hours of work are particularly important in 
order to overcome organisational inflexibility which hampers the 
running of general government (central government, local 
authorities, the semi-public sector, public enterprises, regional 
health authorities, etc.) particularly by restricting usability of 
the services by the citizens. 
The salient features are: 
reduction in weekly working hours to 36 for all divisions with 
the exception of those of local authorities for which opening 
hours are extended to 6 p.m. for the sake of better usability-, 
the working week can be divided up into six or five working 
days, thus making it easier for employees to take advantage of 
the shorter working week; 
flexi-time for commencing and ending the working day is the 
possibility to come into work later and/or leave work earlier; 
working hours can be made up in the afternoon. 
- 166 -
As specifically regards the provisions for self-employed workers 
there have been no major developments with the exception of certain 
measures, which are illustrated below and which mainly relate to the 
appropriate "Social security funds"; 
Decree Law No 103 of 29 March 1991, transposed into the Law 
No 166 of 1 June 1991 establishing "Urgent provisions on social 
security". 
The Decree Law contains a series of provisions adjusting pension 
fund contributions, and other provisions to deal with social 
security for telephone service employees, for Italian citizens 
repatriated from Libya, for workers employed elsewhere in the EC and 
for agricultural workers. 
There are also provisions relating to individual measures concerning 
social security type institutions. 
Law No 249 of 5 August 1991 establishing the "Reform of the 
social security and welfare organisations for employment 
consultants". 
Law No 414 of 30 December 1991 establishing the "Reform of the 
national social security and welfare fund for accountants". 
The laws amending the existing provisions stem from the need to 
rationalise and standardise social security legislation for 
these occupational categories as regards the payment of 
contributions and benefits, without prejudice obviously to 
specific provisions concerning each individual professional 
category. 
SOCIAL PROTECTION 
Following up what was said in 
concerning 1991 are set out below. the first report, developments 
The abovement ioned Law No 223 of 23 July 1991 established new 
criteria for income supplement, in the wake of the crisis on the 
employment market. In particular, it provides for the payment of a 
mobility allowance for workers made redundant by their company. 
This benefit provides for an amount equivalent to 100% of the CIG, 
which decreases progressively and lasts a maximum of two years. 
The same law provides for the possibility of opting for phased early 
retirement in crisis-hit manufacturing sectors. 
- 167 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
No major changes here as regards legislation and contractual 
arrangements. However, as was the case in the first report, mention 
can again be made for 1991 of the following trend which over the 
past decade has become steadily consolidated in Italy i.e. the call 
for greater institutionalisation of the collective bargaining system 
by constant emphasis (particularly in top-level negotiations) on an 
increasing degree of mutual recognition, stability and regulation 
between the two sides of industry. 
This trend, undoubtedly given impetus by the commitments Italy must 
fulfil as regards Community integration, stems from the need to 
check (particuarly within the company) situations of mutual distrust 
and to promote stability within a framework in which the 
competitiveness (and at the same time the survival) of a company is 
henceforth a concern shared also by the trade unions. This 
rationalisation process has riot come about easily and has in 
practice proved slow, laborious and contradictory. 
In a three-tier negotiating context which is still rife with intense 
clashes and opposing viewpoints, it can however be fairly safely 
said that while it is not easy to reach agreement on the "cost of 
labour" the reform of the salary structure and the negotiating 
system has now reached a turning point. 
VOCATIONAL TRAINING 
Nothing new to report on the legal or practical fronts. It is, 
however, worth noting that on 5-7 February 1992 a National 
Conference on Vocational Training was held in Rome and was preceded 
by three preparatory seminars held respectively in Florence (4-6 
November, "Training supply and demand"). Capri (27-29 November, 
"Certification and assessment systems"), Milan (16-18 December, 
"Financing vocational training"). 
The event involved throughout all its stages the institutions 
concerned, the economic and social players, and the training 
establishments. It provided the opportunity to exploit experience 
gained and to review the situation as regards the need to move 
towards a more systematic approach to training. This is something 
which obviously should also be done for the current 
legal/administrative configuration in relation to the new 
requirements emerging from technological innovation in the different 
sectors of production and to the working opportunities created by 
the forthcoming completion of the single market. 
The Ministry of Labour deems the event particularly significant and 
important and considers it vital to obtain guidelines, information 
and especially proposals from the different public and private 
players for submission to the new government under the next 
legislature in order to improve the political and legislative 
framework. To this must obviously be added the tangible prospect of 
coordination at the Community level (cf. the proposal for a 
resolution on vocational training). 
- 168 -
EQUAL TREATMENT FOR MEN AND WOMEN 
The most important developments on this delicate front are the 
foI Iow i ng prov i s ions. 
In 1991 the Law on "Positive action to achieve equal treatment for 
men and women at work" (Law No 125 of 10 April 1991) was passed, its 
purpose being to ensure equality between men and women - an equality 
already formally guaranteed under the terms of the Constitution and 
of Law No 903/77 - by removing obstacles which in actual fact 
prevent the achievement of equal treatment as regards access to 
jobs, career prospects, mobility and distribution of labour, and 
also through school counselling and vocational training. 
This law, which was already mentioned in the first report, allows 
for the possibility to promote balance between family and 
occupational responsibilities and a better distribution of such 
responsibilities over the two sexes by a different pattern of work 
organisation, working conditions and working hours. 
In order to pursue this objective, the Ministry of Labour recently 
set up the National Committee for the implementation of the 
principles of equality of treatment and equal opportunities for men 
and women at work, chaired by the Ministry of Labour and Social 
Security and on which sit representatives of the trade unions and 
employers' federations, representatives of women's associations and 
movements, and the "Counsellor on equality", a member of the Central 
Committee on Employment referred to in Law No 56/1987. 
The Committee's meetings are also attended by experts on legal, 
economic and sociological matters, representatives of the Ministries 
of Education, Justice, Foreign Affairs, Industry, Trade and Craft 
Industry and the Civil Service Department, although they do not have 
the r ight to vote. 
In order to implement this law the Minister of Labour issued on 
8 July and 22 July 1991 two decrees. The first provides companies 
with guidelines on the drafting of the report on male and female 
staff which they are obliged to draw up at least every two years. 
The second stipulates the conditions for the submission of projects 
by the companies and for the payment of the relevant subsidies. 
In addition, the Committee promotes positive action by public 
institutions concerned with employment policy, monitors 
implementation of legislation on equality, drafts codes of behaviour 
designed to lay down rules of conduct consonant with equality and to 
identify instances of indirect discrimination. It may also call 
upon the Labour Inspectorate to seek information at places of work, 
intervenes in collective disputes by proposing solutions and 
suggesting positive action, promotes appropriate representation of 
women in public agencies responsible for vocational training, and, 
more generally speaking, drafts proposals, informs and familiarises 
public opinion, and takes any other action it deems useful for the 
elimination of discrimination, including indirect discrimination. 
- 169 -
The work and responsibilities devolved to the Committee receive 
substantial support from the Technical Secretariat referred to in 
Article 7 of Law No 125 and set up by decree of the Ministry of 
Labour and Social Security of 2 December 1991. 
Mention can also be made of Law No 215 of 25 February 1992 
establishing "Positive action for business initiatives by women". 
This law purports to stimulate the emergence and development of 
companies in the sectors of agriculture, craft industries and in 
trade and industry, composed of and managed predominantly by women, 
and of cooperatives of persons in which women represent the majority 
partners, or make up at least two-thirds of the board. 
These companies or cooperatives are entitled to capital grants and 
subsidised loans for the Introduction of technical, technological or 
management innovations or, for starting up or purchasing concerns. 
The budgeted expenditure of the Ministry for Industry includes a 
national fund for the development of business activities by women, 
the purpose of the fund being to finance the abovementioned 
subsidised loans. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
No major changes to the legal and/contractual arrangements in this 
context, in addition to what was said in the first report, the 
following trends can be mentioned. 
Management of the work factor in the new configuration of 
employer/employee relations means that the employee's work 
contribution no longer stops at merely fulfilling his/her 
obligations under the terms of his/her contract as was the case 
previously, but is now seen as an active and conscious contribution 
to the interests and welfare of all concerned. 
This new trend towards a more participative involvement of workers 
in the activities of the company is now virtually part and parcel of 
the scene, beginning some years before with the IRI —CGIL—CISL-UIL 
protocol agreements signed in 1985 and 1986 on the "right to 
information" and the new configuration of industrial relations and 
subsequently becoming common practice in employer/employee 
relations. At the top negotiating level this trend was consolidated 
by the Inter-federation Agreement of 20 January 1990 on the cost of 
labour and the attached Protocol on industrial relations, setting 
out rules on the settling of disputes and on the reform of 
negotiating procedure (identifying in an accurate and binding manner 
the players, timetables and subjects at the various levels 
involved). 
In particular, at category level the theme of "participation" has 
been widely and generally negotiated in the so-called "first part" 
of the CCNL national labour contract (rights to training and 
participation). The in-company or in-group agreements (FIAT, 
OLIVETTI, PIAGGIO, MARELLI, ZANUSSI, etc.) which have linked a part 
- admittedly small for the time being (2-3%) - of remuneration to 
company trends and results, also fall into this context. 
- 170 -
It is felt worth pointing out once again that the abovementioned 
Law No 223/91 gives the public authorities and the two sides of 
industry a crucial role in the difficult task of managing 
sectoral crises. 
The new rules have in fact introduced at the same time a more 
rational and innovatory approach compared with the old arrangements 
in coping with the different situations which can arise within a 
company and which call for reorganisation, restructuring, 
reconversion, changing or re-scaling of activity or work for the 
purposes of modernising the production system and, in parallel, 
maintaining employment levels. The fundamental requirement is, 
however, to safeguard the income of workers directly affected and 
avoid large-scale recourse to redundancies by applying the criteria 
of flexibility and rotation for the CIGS, use of part-time 
contracts, employment training contracts, solidarity contracts, etc. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
No major changes to report as regards legal arrangements in this 
context. 
The following provisions relating in particular to the 
implementation of certain directives on safety at work were 
introduced in 1991 .-
Decree Law No 277 of 15 August 1991 "Implementation of 
Directives 80/1107/EEC, 82/605/EEC, 83/477/EEC, 86/188/EEC and 
88/642/EEC on the protection of workers against the risks from 
exposure to chemical, physical and biological substances at 
work, in accordance with Article 7 of Law No 212 of 30 July 
1990". 
This relates to the implementation of the abovementioned framework 
directive and that amending No 88/642 establishing policy provisions 
directly applicable across the board, and individual directives 
setting out limit values and measures of prevention and health 
monitoring in the event of exposure to lead (82/605) asbestos 
(83/477) and noise (86/188). 
The decree establishes in particular the obligations of the parties 
at whom the provisions are addressed i.e. managers, employers, 
supervisory staff, workers and, above all the physicians responsible 
for the health monitoring of the latter. 
The provision is further consolidated by a reminder of the terms of 
Article 13 of Law No 300 of 20 May 1970 concerning the right to 
remuneration and leaves it up to the negotiations to establish the 
maximum periods for temporary removal from exposure to harmful 
substances. 
- 171 -
decree law implementing Directive 88/364/EEC concerning the 
protection of workers by prohibiting certain substances and/or 
activities, pursuant to Art. 49 of Law No 428 of 29 December 
1990. 
The provision implements the abovementioned directive and in 
particular introduces the definitions and stipulates certain 
measures for the protection of workers against the risks originating 
in exposure to chemical, physical and biological substances at work, 
specifically providing for prohibition of production and use of 
substances which are dangerous carcinogens. 
Law No 142 of 19 February 1992 (Community law for 1991). 
Article 43 of this law delegates to the government the 
responsibility for implementing eight EEC directives on the safety 
and health of workers at work, as regards both the general and the 
specific points, and which will involve redefinition of the 
legislation as a whole. 
It is likewise empowered to adopt measures to step up monitoring and 
prevention, particularly by coordinating the different institutions 
responsible in this context and by giving the labour inspectorate 
the task of monitoring high-risk sectors to be specified in an 
interministerial (labour and health) decree. 
Law No 257 of 27 March 1992 stipulating the provisions for 
cessation of the use of asbestos. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
No significant changes in legal or contractual provisions have been 
recorded. 
In relation to what was said in the first report, it can be pointed 
out that Law No 216/91 "First steps to protect children facing the 
risk of involvement in criminal activities" which, among the 
measures for implementing measures for the prevention of 
delinquency, provides for the enforcement of compulsory school 
attendance. This provision thus consolidates the provisions of Law 
No 977/67 where it makes explicit reference for the purposes of the 
employment of minors to the breach of the rules covering compulsory 
schooling. 
In addition, the Ministry of Labour has instigated action by the 
inspection authorities at the place of work in order to collect 
information on the employment of young people under legal age and on 
the scale of the so-called "black economy", and particularly in 
order to coordinate the work undertaken by the various institutions 
competent in this context. 
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THE ELDERLY 
The following new points have emerged in relation to what was stated 
in the first report. 
The European Parliament recently gave a positive opinion on the 
Progetto oblettlvo anzlani ("project for the elderly") prepared by 
the Ministry for Health under the national health service. This 
project involves starting up services essentially designed to take 
the problem of assistance for the elderly out of the institutional 
and hospital context by setting up a geriatrics assessments unit and 
instituting comprehensive home help. 
Law No 266 of 11 August 1991 on voluntary work provides for 
advantages for the elderly as regards tax allowances. Three 
important bills of law have also been submitted and explicitly 
concern the elderly but have as yet not been approved by parliament. 
The first concerns the conclusion of a "Solidarity contract" with 
various occupational categories; the second concerns social security 
arrangements and the setting up of a "pension fund"; the third 
provides for government intervention on action carried out by the 
regional authorities and the autonomous provinces of Trento and 
Bolzano to lay down rules governing home help for the elderly. 
DISABLED PERSONS 
Below are the legislative innovations up to the end of 1991. 
Law No 104 of 5 February 1992 on "Welfare, social integration 
and rights of disabled persons". 
Article 17 of this law sets out the arrangements for the provisions 
of Articles 3 and 8 of Law No 845/78 concerning the vocational 
training of disabled persons, while Article 19 stipulates the 
arrangements for compulsory placement of the psychologically 
disturbed in line with the provisions of Law No 842/68. 
Law No 381 of 8 November 1991 on "Rules governing social 
coopérât ives". 
This law defines the organisational and legal basis for activities 
carried out for the purposes of solidarity, and makes provision for 
the insertion of disadvantaged persons in individual cooperations. 
Lastly, the anticipated reform of the framework law on the 
compulsory placement of disabled persons will be one of the priority 
objectives of the next government. 
- 173 -
IMPLEMENTATION OF THE CHARTER 
The observations made in the first report remain valid. 
While it should be stressed again that many draft directives 
submitted by the Commission still have to be discussed, the 
following directives which are important from the social point of 
view were adopted in 1991: 
the "form of proof of an employment relationship"; "safety and 
health at work of workers with a fixed-duration employment 
relationship or a temporary employment relationship" (in 
accordance with Article 118A) and other directives on safety and 
health at work. 
It is hoped that 1992 will see the adoption of directives such as 
the one on "Collective redundancies", "Amendments to the directive 
on the protection of pregnant women", "Subcontracting", 
"Organisation of working time". 
These directives and others still at the preparatory stage of 
discussion e.g. the "Works councils in European-scale undertakings" 
and "Protection of young people at work" are considered to be 
essential for a solid start to the implementation of the Community 
Social Charter. 
-41H -
LUXEMBOURG 
- 175 -
FREEDOM OF MOVEMENT 
Question 1 
The right of nationals of a Member State to move to a different 
Member State to seek work is subject to no condition other than that 
applying to entry into Luxembourg itself. 
Question 2 
a) There are at present no plans for new initiatives to regulate 
the right of residence of workers exercising their right to 
freedom of movement within the Community. 
b) - Private sector: Workers who have exercised their right to 
freedom of movement are treated in the same way as nationals 
in respect of the exercise of an occupation of profession. 
Public sector: See reply to question 4. 
c) Negative answer. 
Quest ion 3 
a) - There are no measures preventing the reunification of 
families of workers from the Community working in 
Luxembourg. 
The State Immigration Service (reporting to the Ministry for 
Family Affairs) assists in family reunification in respect 
of legal, administrative and material problems. 
The Ministry plans to modify the Immigration Service's terms 
of reference by widening its scope and providing it with 
more resources to deal with the implications for families of 
the completion of the Single Market. 
b) In all cases where the recognition of diplomas or occupational 
qualifications acquired in another Member State is based on 
international treaties, bilateral agreements between Member 
States or laws or regulations resulting from the transposition 
of a Community instrument into national law, decisions are taken 
on an ad hoc basis, in application of the relevant rules or 
regulations, by the competent authorities. 
Recognition of foreign diplomas awarded at university or higher 
education levels is a practical necessity in Luxembourg owing to 
the fact that Luxembourg has no full-scale university education 
system. The legal bases are the Law of 17 June 1963 on higher 
education qualifications and the amended Law of 18 June 1969 on 
higher education and the recognition of foreign qualifications 
and degrees. 
- 176 -
In all other cases, the Ministry of Education examines 
individual applications and issues certificates of equivalence 
where appropr iate. 
This process is quick and unbureaucratic. Where appropriate, 
foreign embassies and/or professional bodies are asked for their 
op i n i on. 
c) In terms of living and working conditions, frontier workers 
enjoy exactly the same rights as workers resident in Luxembourg. 
EMPLOYMENT AND REMUNERATION 
Quest ion 4 
Freedom of choice of, and freedom to engage in, an occupation do not 
extend to a certain number of posts requiring direct or indirect 
involvement in the exercise of public power and participation in 
functions aimed at safeguarding the general interests of central and 
local government, more particularly: 
the armed forces, the police and other law and order enforcement 
bodies; 
the judiciary, the tax service and the diplomatic service; 
posts in ministerial departments, local authorities and other 
similar bodies, the central bank (for staff exercising 
activities prescribed in respect of a central government legal 
power or a legal person under public law, such as the drawing up 
of legal acts, the implementation of such acts, monitoring of 
such application and the supervision of dependent 
organizat ions). 
The Commission has informed the Luxembourg Government that 
proceedings are being brought under Article 169 of the EEC Treaty 
(failure to fulfil an obligation) in respect of the free movement of 
workers in the following six fields: 
rail transport, urban and extra-urban transport; 
water, gas and electricity distribution services; 
post and telecommunications services; 
operational services in the public health sector-, 
teaching in nursery, primary and secondary schools and in higher 
education; 
public civilian research establishments. 
Quest ion 5 
a) Generally speaking, the level of remuneration, the essential 
element in a contract of employment, is freely determined by the 
parties to the contract. 
However, there are certain binding rules on pay which apply to 
employers and workers alike. 
m 
- 177 -
1. Definition of "remuneration" 
The statutes governing the status of (non-government) 
employees contain a general definition of the various terms 
covering pay, wages, salaries and remuneration as used in 
law. 
The general concept covers all income elements including: 
cash remuneration 
other ancillary benefits and the like such as bonuses, 
royalties, discounts, premiums, free housing, etc. 
2. Minimum wage 
The statutory minimum ("social") wage scheme is based on the 
Law of 12 March 1973, as amended by the taws of 27 March 
1981, 28 March 1986 and 28 December 1988. 
The law provides for payment of a minimum wage to all 
persons of normal physical and intellectual aptitude, 
without distinction by sex, employed by an employer under a 
provision of services contract. 
The minimum wage finds general application, no derogation 
being provided for in law by reason of the employer's sector 
or branch of economic activity. 
The law provides for the legislature to adapt the minimum 
wage to economic developments. In practice, in order to 
ensure that workers and employees benefit from economic 
development in the country, the minimum wage is increased 
every two years at least, whenever general economic 
conditions and income trends so justify. 
To this end, the Government is required to submit a report 
every two years to Parliament accompanied, where 
appropriate, by a draft instrument for increasing the 
minimum wage. 
3. "Escalator" scheme for wages and salaries 
The Law of 27 May 1975 gave general effect to the 
"escalator" scheme for wages and salaries which already 
applied to the minimum wage and to remuneration covered by a 
collective agreement. 
The system for the automatic adaptation of wages and 
salaries operates according to mechanisms introduced by the 
Law of 28 April 1972, and is triggered by attainment of a 
threshold based on the weighted consumer price index, based 
in turn on a basket of 269 items (Grand-Ducal Regulation of 
24 December 1984). 
This happens whenever the mean of the index calculated over 
the past six months exceeds 2.5%. 
- 178 -
The Law of 1975 makes it an offence for an employer to pay 
workers at a rate below that determined by the above scheme. 
b) The legal provisions mentioned under a) above apply likewise to 
terms of employment other than open-ended full-time contracts. 
c) Cases in which wages are witheld, seized or transferred are 
covered by a special regulation governed by the concept of 
providing protection for workers for whom the wage or salary is 
very often their only means of subsistence. Thus, the Law of 11 
November 1970 makes wages and salaries immune in part to seizure 
or transfer. 
This basic legal text was amended and supplemented on a number 
of points by the Law of 23 December 1978. 
Finally, a Grand-Ducal Regulation of 9 January 1979 redefined 
the procedure for the withholding or seizure of wages or 
salaries, laying down the forms and dispute arrangements in 
respect of assignment or transfer of remuneration or pensions. 
1. Protected elements 
The special regulation on attachment and assignment of 
remuneration applies to all types of remuneration without 
distinction, provided they arise from a paid activity. The 
employment status (government, non-government, manual 
worker) is irrelevant, nor is any distinction made 
according to the quantum and nature of remuneration, or to 
the form and nature of relations between the worker and his 
employer. 
The regulation also applies to pensions and unemployment 
benef i t. 
2. Quantum of the attachable and assignable proportion 
A Grand-Ducal Regulation of 18 January 1988 lays down what 
proportion of each wage or salary may be only partially 
attached or assigned. 
The Law of 11 November 1970 lays down the available 
percentage from each of these wage or salary instalments. 
It operates the principle of the separation of the 
attachable and assignable portions, apart from the fifth 
instalment, which is declared to be attachable and 
assignable in total. 
3. Basis of assessment for disposable portions 
For the purposes of determining what amounts are disposable, 
the law provides for tax and social security payments to be 
deducted. 
- 179 -
4. Special rules in respect of maintenance payments 
In the event of an assignment or attachment arrangement to 
service maintenance payments, the monthly amount due for 
such maintenance payments is taken in whole from 
unattachable and unassignable portions of the remuneration. 
Any outstanding maintenance payments from previous months 
and the attendant costs have to compete with other creditors 
for the attachable and assignable portion. 
Quest ion 6 
Nationals of a Member State seeking a job in Luxembourg receive the 
same assistance as that accorded by placement offices to job seekers 
of Luxembourg nationality. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
Quest ion 7 
a) Working time 
1. Normal working time 
Normal hours of work for employed persons are 8 hours a day and 
40 hours a week. 
Compensating derogations: 
In certain cases, the normal working time may be exceeded 
provided it is compensated for at another time by a rest period 
corresponding to the excess hours worked. 
Hours so worked are not subject to extra pay arrangements. 
Without authorization from the Minister of Labour: 
For both staff and manual workers, employers have the right to 
increase the maximum working day to 9 hours on condition that 
the weekly time worked does not exceed the normal 40 hours. 
With authorization from the Minister of Labour: 
for sectoral or technical reasons, exceptions may be granted 
for a reference period (to be determined by the Minister for 
manual workers, 2 weeks for non-manual workers), provided 
that the average working week does not exceed 40 hours or 10 
hours per day, 
for continuous and shift work: maximum reference period of 4 
weeks ; 
for seasonal and hotel establishments. 
For non-manual workers, maximum reference period of a year; the 
40-hour limit may be exceeded for a number of weeks provided 
there is a compensatory reduction during certain other weeks. 
- 180 -
Overtime arrangements 
The law allows overtime to be worked, subject to prior 
ministerial authorization, in the following cases: 
to prevent the loss of perishable items or to avoid 
compromising the technical results of work; 
to allow special work to be done (e.g. stocktaking); 
to enable firms to cope with temporary pileups of work; 
in exceptional cases in the public interest and in 
connection with events constituting a national risk. 
The law also allows for recourse to be had automatically to 
overtime (i.e. without prior authorization) for all types of 
work designed to cope with an accident or imminent risk of 
accident and for urgent work to be carried out on machines 
and work equipment and for work caused by force majeure 
insofar as this is needed to avoid causing a serious 
hindrance to the firm's normal operations. 
Firms are required only to inform the Labour Inspectorate. 
Overtime is limited to 2 hours per day unless special 
arrangements are made to the contrary. 
2. Night work 
There are no general rules and regulations. Special rules apply 
to: 
The bakery trade: 
bread and pastries may not be made between 10 pm and 
5 am; 
the working day in bakeries may be from 4 am to 9 pm 
provided the operator has made a written declaration to 
the Labour Inspectorate. 
Pregnant women and nursing mothers: 
May not work between 10 pm and 6 am. 
Adolescents: 
Must have a break from work of at least 12 consecutive 
hours, this period to include the time between 8 pm and 
6 am. 
b) Employment contracts other than full-time open-ended contracts 
1. Fixed-term contracts 
1.1. The law stresses the exceptional nature of fixed-term 
contracts, stipulating that employment contracts must be 
open-ended. 
- 181 -
Only in cases and under conditions provided for in the 
law may contracts of employment be for a fixed period, 
such period to be laid down on signature of the contract 
or to be terminated on completion of the work to which 
the contract relates. 
Thus, the Law of 24 May 1989 on employment contracts 
lays down the legal scope of fixed-term contracts, 
enabling parties to conclude such contracts "for the 
execution of a precise and non-permanent task". The law 
adds that a fixed-term contract may not be for a job 
linked to the firm's normal and permanent activity. 
It gives examples of jobs which are to be regarded as 
precise and non-permanent tasks within the meaning of 
the law: 
replacements 
work of a seasonal nature 
work for which it is normal to have recourse to 
fixed-term contracts (e.g. in the audiovisual and 
building industries) 
for the execution of a clearly-defined occasional 
and specific task 
for urgent work 
contracts linked to employment policy schemes 
1.2. The law requires employment contracts concluded* for a 
fixed duration to define the object of the contract and 
to indicate a number of elements related to the time-
I imitât ion aspect. 
Where a contract is concluded for a precise period, 
the date of expiry must be stated. 
Where the contract does not include a date of 
expiry, it must indicate the minimum period for 
which it has been concluded. 
Where a contract has been concluded to provide a 
replacement for an absent worker, it must name the 
person whose absence has given rise to the contract. 
The contract must, where appropriate, name the precise 
trial period. 
It may, where appropriate, include a renewal clause. 
In the absence of a clause to the effect that the 
contract has been concluded for a fixed duration, a 
contract of employment is assumed to be open-ended. 
No provision is made in the law for proof to the 
contrary. 
- 182 -
1.3. Duration of fixed-term contracts 
1.3.1 Contract period 
The law provides for two types of fixed-term contract, 
viz. where the contract period is clearly stated, and 
where the contract is concluded for a precise project or 
task where the date of completion is not known in 
advance. 
In principle, the law requires contracts to be concluded 
from a fixed date to a fixed date. 
However, the parties to the contract may opt for 
different arrangements in three cases: 
for the replacement of an absent employee or for an 
employee whose contract has been suspended, 
for work of a seasonal nature, 
for Jobs for which in certain sectors of activity it 
is normal not to use open-ended contracts because of 
the nature of the activity and the temporary nature 
of the Job. 
1.3.2 Maximum contract duration 
The maximum duration of a fixed-term contract may not, 
for one and the same employee, exceed 24 months, 
including any renewals. 
In view of the possibility open to the contract parties 
to provide for a seasonal contract to be renewed from 
season to season, the law states that the 24-month limit 
does not apply to successive contracts of a seasonal 
nature. 
The law also makes an exception to the 24-month upper 
ceiling for employees exercising activities requiring 
highly specialist knowledge and properly substantiated 
specialist professional experience. 
Exceptions to the ceiling rule are also allowed for jobs 
assigned to a job seeker under an occupational 
integration or reintegration measure under the law, 
along with jobs designed to encourage the recruitment of 
certain categories of job seeker and jobs occupied with 
a view to enabling the Job holder to benefit from 
vocational training. These types of job must be 
authorised in advance by the Minister of Labour. 
1.4. Renewal of. fixed-term contracts 
The law provides for fixed-term contracts to be renewed 
twice for a fixed period. 
- 183 -
The principle, and where appropriate, the conditions of 
renewal must be set out in the initial contract or in a 
rider to the contract. In the absence of any such 
written provision, the renewed contract is assumed to be 
open-ended. The law makes no provision for proof to the 
contrary. 
Employment contracts of a seasonal nature may be renewed 
for the following season, in which case a contract 
concluded for a fixed period of one season is held to 
constitute a fixed-term contract even if it is renewed 
for subsequent seasons. 
If there is a renewal clause, the repetition of 
contractual relations for more than two seasons between 
an employer and one and the same employee has the effect 
of transforming the sum total of the seasonal contracts 
into an overall open-ended relationship. The 
consequence is that, when the firm no longer has need of 
the worker for the next season, the cessation of 
seasonal relations is deemed to be equivalent to a 
redundancy. 
1.5. Succession of contracts 
In the event of the tacit renewal of a fixed-term 
employment contract which has expired, the law 
provides for the employment relationship to be 
continued in the form of an open-ended contract. 
In respect of the continuation of contractual 
relations by open-ended contract, the law says that 
one and the same post cannot in principle be filled 
by a succession of fixed-term contracts. 
Where a post has been occupied by a person employed 
under a fixed-term contract, the employer may not, 
once the contract has expired, employ the same 
person or another person at the post in question 
under a fixed-term contract or an interim contract 
before expiry of a period equivalent to a third of 
the duration of the previous contract, including 
renewals (known as the one-third rule). 
By way of exception to this general principle, the 
law provides for the possibility of concluding 
successive fixed-term contracts with one and the 
same employee or with another employee without 
application of the continuity solution. 
Exceptions to the principle of the waiting period 
concern first and foremost - and regardless of the 
motive behind recourse to a fixed-term contract -
cases where cessation of contract is the employee's 
fault. The same goes for the anticipated 
termination of contract by the employee or linked 
to a serious misdemeanour on his or her part or 
refusal by the employee to renew a contract 
comprising a renewal clause. 
- 184 -
An uninterrupted succession of fixed-term contracts 
with different employees or with one and the same 
employee is allowed for Jobs of a seasonal nature, 
for Jobs where it is not normal to have recourse to 
open-ended contracts and for contracts I inked to 
employment policy measures. 
The same possibility is available for the execution 
of urgent work. 
Finally, the law allows for the case of a fresh 
absence on the part of a replaced employee, 
particularly for a health relapse. Whatever the 
time which has elapsed since the end of the first 
contract, the employer may instate a new employee 
under a fixed-term contract if the employee who was 
originally replaced has once again gone absent. 
The law provides for restricted contracts to be 
reclassified as open-ended contracts for violations 
of certain legal provisions governing the fixed-term 
type of contract. 
The types mainly concerned here are contracts which 
are renewed under conditions which are not 
authorised by law and successive contracts concluded 
for one and the same post without complying with the 
waiting period. 
Where a contract is reclassified into an open-ended 
type, the employee retains the seniority he had 
acquired at the end or the fixed-term contract. 
In all cases, the law makes it illegal for a trial 
clause to be inserted into the new contract. 
1.6. Trial period. 
A contract concluded for a fixed period may make 
provision for a trial period in conformity with the 
provisions applying to open-ended contracts (see under 
16. Trial period). 
The trial period is taken into account in calculating 
the maximum duration of a fixed-term contract. 
The two parties to the contract may terminate a contract 
which includes a trial period according to the same 
rules which apply to open-ended contracts. 
Where a trial contract is not terminated in accordance 
with the law before expiry of the trial period agreed by 
the parties, the contract is deemed to be concluded for 
the period agreed in the contract from the date of entry 
into service of the employee. 
- 185 -
1.7. Termination of fixed-term contracts 
Fixed-term contracts are terminated automatically on 
expiry. 
Suspension of such contracts has no effect on the expiry 
arrangements, although the law allows for the 
anticipated termination of such contracts for a serious 
reason attributable to other party. 
Anticipated termination of a fixed-term contract by the 
employer gives the employee a right to compensation in a 
sum equivalent to the wages and salaries which would 
have been paid over up to the expiry of the contract, up 
to a maximum amount equivalent to the remuneration for 
the period of notice which the employer should have 
observed had the contract been of the open-ended type. 
Where a contract is terminated prematurely by the 
employee, the employer has a right to compensation 
corresponding to the damage or disadvantage actually 
incurred, on condition though that the level of such 
compensation may not exceed the sum of wages and 
salaries payable for the period of notice which the 
employee should have observed if the contract had been 
of the open-ended type. 
2. Trial contract 
A trial clause may be incorporated into both open-ended and 
fixed-term contracts. 
Any contract which does not incorporate a trial clause is 
deemed to be concluded for an indefinite period. Evidence 
to the contrary is not admissible. 
2.1. The tr ial per iod 
may not be less than two weeks; 
must be 
two weeks to a maximum of three months for 
employees whose qualifications are below CATP 
level ; 
two weeks to a maximum of six months for 
employees with the CATP or with equivalent or 
higher qualifications; 
two weeks to a maximum of 12 months for 
employees earning a monthly salary of F 21 622 
or more (base 100 index-linked); 
- if of one month or less must be expressed in full 
weeks, with trial periods in excess of one month 
being expressed in full months. 
- 186 -
2.2. Termination of trial contract 
2.2.1 Termination 
May not be terminated unilaterally during the first 
two weeks except for a serious reason. 
Once two weeks have elapsed, any termination of the 
contract by one or other of the parties must be by 
registered letter or by way of signature on the 
duplicate on the letter of termination. 
The reason for termination does not have to be 
indicated. 
2.2.2 Not i ce 
The period of notice is expressed in days and calculated 
by reference to the trial period. It must comprise the 
same number of days as the trial period comprises weeks. 
If the trial period is expressed in months, the period 
of notice will be four days per trial month without, 
however, exceeding a period of one month. 
If the trial contract is not terminated before expiry of 
the agreed trial period, the contract will be deemed to 
have been concluded for an indefinite period from the 
date of entry into service. 
c) Collective redundancy and bankruptcy procedures 
The law regards collective redundancy as comprising redundancy 
for at least 10 persons for a period of 30 days or of at least 
20 persons for a period of 60 days. 
The employer must conduct prior consulat ions with the staff 
representatives and inform them in writing of the reasons for 
the redundancy arrangements, the number of workers affected, the 
number of workers normally employed and the period over which he 
intends to effect the redundancies. 
A copy of this letter must be sent to the Employment 
Administration, which in turn forwards to the Labour 
Inspectorate. 
Collective redundancy arrangements notified in advance to the 
Employment Administration do not take effect for individual 
workers until a period of 60 days has elapsed. 
Quest ion 8 
1. Ordinary leave 
Employees have a right to leave after 3 months' uninterrupted 
work with the same employer. 
- 187 -
Duration: 25 working days per year regardless of age. 
Supplementary leave: 
disabled workers: 6 days; 
where the weekly rest period is less than 44 hours: 1 
working day for each full period of 8 weeks, whether 
successive or not, for which the weekly rest period is 
not granted. 
Employees may be refused leave where unjustified absences, 
calculated as a proportion of the year which has passed to date, 
exceed 10% of the time which should normally have been worked. 
Leave must be taken in a single instalment unless the needs of 
the service or justified reasons on the part of the employee 
apply. In such cases, one leave instalment must comprise at 
least 12 continuous days. 
For the first year at work, the period of leave is 1/12th per 
full month worked, with fractions of a month in excess of 15 
days being counted as a full month. Fractions of leave-days in 
excess of 50% are regarded as full days. 
Where the firm closes for its annual holiday, the collective 
leave period must be fixed by common accord between the employer 
and his employees (or their delegated representatives). 
Where a contract is terminated in the course of the year, the 
employee has a right to 1/12th of his annual leave for each full 
month worked. 
For each day's leave, employees have a right to an allowance 
equivalent to the average daily rate of pay over the three 
months immediately preceding the period of leave. The holiday 
allowance must correspond to the pay the employee would have 
received had he been working normal hours, and must be paid over 
together with the normal wage or salary. 
Employers must keep records of the statutory leave periods of 
employees in their service. 
2. Weekly rest period 
Employers may not employ any workers, whether manual or non-
manual, whether contracted or under an apprenticeship contract, 
on work between midnight on Saturday night and midnight on 
Sunday night. 
2.1. Exceptions in respect of certain categories of persons 
Relatives in the ascending or descending line, brothers 
and sisters or in-laws of the employer, where their sole 
occupation is with the firm. 
This derogation concerns one-man firms, but also 
companies where the proprietor is affiliated to the 
liberal professions and self-employed workers sickness 
insurance fund. 
- 188 
Travellers and sales representatives, in so far as they 
exercise their activity away from fixed establishments. 
Employees occupying an executive post and executives 
whose presence in the firm is essential for the smooth 
running and supervision of the firm. 
2.2. Exceptions in respect of certain types of work 
Supervisory work in premises attached to the firm. 
Cleaning, repair and maintenance work ensuring the 
smooth running of the firm-, work other than production 
which is essential so that work can resume on subsequent 
days. 
Work needed to prevent any deterioration of raw 
materials or products. 
Urgent work which has to be done in respect of 
salvaging, preventing imminent accidents or carrying out 
repairs following accidents affecting materials, 
installations or buildings. 
2.3. Exceptions in respect of firms 
Retail sales establishments where Sunday closing would 
be such as to compromise the normal functioning of the 
establishment because of the scale of the Sunday 
turnover and the impossibility of making up for the 
custom over the other weekdays. The Minister of Labour 
may grant temporary or permanent derogations to the ban 
on Sunday working in cases which are duly justified, on 
condition that the legal provisions governing normal 
working time are upheld. 
Such working time may not exceed four hours, although 
there is a Grand-Ducal Regulation enabling this period 
to be extended up to 8 hours at most for at most six 
Sundays per year. 
Firms where the only or main driving force is water; the 
exercise of activities to satisfy public needs which 
arise 7 days a week or mainly on Sundays-, activities 
which are carried on for only part of the year or are 
carried on more intensively in certain seasons; 
activities exercised for reasons of public utility. A 
Grand-Ducal Regulation lays down the conditions and 
arrangements in respect of such derogations. 
Undertakings which are automatically excluded from the 
general ban on Sunday working: 
hotels, restaurants, canteens, establishments 
serving drinks or other consumable items-, 
pharmacies, drug stores and shops selling medical 
and surgical appliances-, 
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fairs and sideshows; 
farming and wine-growing undertakings; 
public entertainment undertakings; 
suppliers of lighting, water and motive power; 
transport undertakings; 
hospitals, clinics, dispensaries, sanatoria, rest 
homes, old people's homes, children's homes, holiday 
camps, orphans' homes and boarding schools; 
undertakings in which work, by its nature, must be 
continuous and punctual. A Grand-Ducal Regulation 
will be issued to lay down which undertakings are 
involved and specify the nature of work which is 
authorized on Sundays; 
domestic staff. 
Firms operating continuously on a shift system and which 
do not fall within the category of firms in which work, 
by its nature, must be continuous and punctual, i.e. in 
most cases firms wishing to introduce Sunday working, 
not so much for considerations inherent in the 
production method, but more for economic reasons (e.g. 
improved production capacity utilization, job growth or 
consolidation). Any such exceptions are subject to an 
agreement which must be distinct from the collective 
agreement and must be concluded for a specified firm 
with all the representative trade union organizations at 
national level. 
Compensatory rest arrangements 
Employers must grant compensatory rest time to employees 
who work on Sundays. Such rest may not necessarily be 
on a Sunday, nor on the same day of the week for all the 
employees in one and the same firm. It must amount to a 
full day if the Sunday work accounted for more than 
4 hours, and a half-day at least if the Sunday working 
time was 4 hours or less. In the latter case, the 
compensatory rest time must be granted before or after 
1.00 p.m., and on such days working time may not exceed 
5 hours. 
Quest ion 9 
The law provides for a compulsory contract of employment in writing 
and in duplicate, one copy to be held by the employer and the other 
to be handed to the employee at the time of entry into service at 
the latest. 
The employment contract must contain the following details: 
the nature of the Job 
the normal working time 
the basic salary or wage and, where appropriate, any 
supplements, bonuses, profit-sharing arrangements and the like 
the duration of the trial period 
any other terms agreed between the parties. 
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SOCIAL PROTECTION 
Question 10 
The social security system in Luxembourg is designed to guarantee 
workers an alternative source of income where they are prevented 
from pursuing their normal occupational activity by reason of 
illness, child birth, old age, invalidity, death or unemployment. 
The basis on which social security benefits are calculated is the 
wage or salary previously received. The entire working population 
(employed or self-employed) is covered by the system; there are also 
optional insurance arrangements covering cessation of work. 
In addition to these traditional social security mechanisms, there 
is also a guaranteed resources mechanism which ensures that people 
receive a guaranteed minimum level of income to guard against 
poverty. 
The guaranteed minimum income is a State social benefit by which the 
monthly income of all inhabitants who are not in a position to live 
off their own resources is raised by a supplementary payment to a 
given level laid down in law. 
Under the law of 19 June 1985, family allowances are deemed to be a 
child's personal right and are not subject to professional status or 
means-test ing. 
Taken in conjunction with tax allowances, family allowances 
constitute a global social policy system. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
Question 11 
Apart from a worker's constitutional rights, the right to form 
professional organizations derives from ILO Convention 87 on the 
freedom of association and protection of the right to organize, 
ratified in 1958. 
This convention states that "workers and employers, without 
distinction whatsoever, shall have the right to establish and, 
subject only to the rules of the organization concerned, to join 
organizations of their own choosing without previous authorization". 
As regards the rules, "workers' and employers' organizations shall 
have the right to draw up their constitutions and rules, to elect 
their representatives in full freedom, to organize their 
administration and activities and to formulate their programmes". 
The convention goes on to state that "organizations shall not be 
liable to be dissolved or suspended by administrative authority" and 
insists that "workers and employers and their respective 
organizations shall respect the law of the land". 
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Question 12 
1. Definition 
The law defines a collective agreement as a contract relating to 
employment relations and general conditions of employment 
concluded between, on the one hand, one or more trade union 
organizations and, on the other, one or more employers' 
organizations, or a particular firm, or a group of companies 
with a similar production pattern or activity, or a group of 
companies exercising the same activity. 
2. Drafting arrangements 
The law requires an employer who has been asked to enter into 
negotiations with a view to the conclusion of a collective 
agreement to comply with the request. 
However, it releases the employer from the obligation to 
negotiate where he shows a willingness to negotiate within a 
group of employers or in concert with other employers exercising 
the same activity. Where, in such cases, negotiations have not 
commenced within 60 days of the initial request, the employer 
may be obliged to negotiate separately. 
Where an employer refuses to enter into negotiations, the fact 
of disagreement is notified to the national conciliation board. 
The same happens where, in the course of negotiations, the 
parties fail to agree on all or part of the agreement. 
Finally, the law allows the parties to have their case adjudged 
by one or more arbitrators, either before or after failure has 
been ascertained at the conciliaton stage. 
3. Form and notification 
The agreement must be in writing and duly signed, otherwise it 
i s deemed to be nu11 and vo i d. 
It must be lodged with the Labour Inspectorate and be posted at 
the main entrances to the places of work. 
4. Date of entry Into effect and duration 
The agreement is applicable from the day after it is lodged with 
the Labour Inspectorate. 
Minimum duration: 6 months 
Maximum duration: 3 years 
The agreement may be terminated by notice agreed between the 
parties. The period of notice is three months at most and 15 
days at least. 
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5. Sanctions 
Failure on the part of the employer or worker to comply with his 
obligations under the agreement is subject to a fine ranging 
from F 2 501 to F 250 000. 
Question 13 
1. The right to strike 
Workers' right to strike is not stated explicitly either in the 
constitution or in law. It derives from a broad interpretation 
of judicial origin of the concept of freedom of association 
incorporated in Article 11(5) of the constitution which, in its 
amended 1948 version, states that "the law ... guarantees 
freedom of trade union activity". 
Any strike which is launched before exhausting all means of 
conciliation as evidenced by a protocol of non-conciliation is 
deemed to be illegaI. 
2. Conciliation 
All collective disputes must be the subject of a session of the 
national conciliation board, which is called by the Chairman 
either: 
- as a matter of course 
- at the request of the parties to the dispute 
- at the request of two members of the Joint Committee. 
* Conciliation agreement 
Settlement of a dispute results from agreement on the part 
of the groups. The secretary draws up a report, which is 
signed by the Chairman and the parties. 
The resulting rules govern the employment relations and 
conditions of work in signatory companies. 
They may also be declared to have general application for 
all employers and employees in the branch of activity 
concerned. 
* Failure of conciliation 
When the Chairman rules that all means of conciliation have 
been exhausted, the Commission draws up a report of non-
conciliation bringing out the contentious issues. The law 
states that the conciliation procedure at the national 
conciliation board is mandatory. 
a) It is an offence to : 
bring about a stoppage or general cessation of work 
without taking the matter first of all to the 
national conciliation board; 
(12 
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refuse, without legitimate grounds, to enter into 
the conciliation efforts undertaken by the national 
conciIiat ion board; 
hinder the parties' representatives in the 
accomplishment of their mission as part of the 
conciliation procedure. 
b) It is a criminal offence for employers and employees to 
fail to carry out their duties devolving from agreements 
reached with the board. 
Question 14 
Certain categories of civil servants may make use of the strike 
weapon within the limits and subject to the conditions of the Law of 
16 April 1979 concerning strike action in the civil service and 
public establishments under the direct control of central 
government. 
a) Beneficiaries 
Strike action may be taken by all established officials, trainee 
officials, employees and auxiliary staff with the exception of: 
1. Officials whose functions are based on Article 76 of the 
Constitution (Conseillers de Gouvernement). 
2. Envoys extraordinary and ministers plenipotentiary, 
diplomatic service delegation advisors and other agents in 
the diplomatic service exercising the functions abroad of a 
permanent or temporary chef de mission. 
3. Judges. 
4. Administrative heads and their assistants. 
5. Directors of teaching establishments and their assistants. 
6. Staff of the judicial and prison services. 
7. Members of the armed forces. 
8. Medical and paramedical staff on duty. 
9. Security agents and staff responsible for security in the 
pub Iic services. 
b) Conciliation 
* Collective disputes between the staff and the employing 
authorities referred to in Article 1 are subject to a compulsory 
conciliation procedure under the auspices of a conciliation 
comm i ss i on. 
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* Apart from the chairman, who must be a member of the judiciary, 
the conciliation commission is made up of five representatives 
of the public authority and five representatives of the trade 
union organization or organizations representing the staff 
involved in the dispute. 
* The chairman is appointed by the Grand Duke for a period of 
three years; the representatives of the public authority are 
appointed by the Prime Minister; the representatives of the 
trade union organizations are appointed by the organizations 
themselves, bearing in mind the following criteria: 
where the dispute is a general one, the trade union 
organization or organizations which are most representative 
in national terms of the sectors covered by this law have 
the right to name the five representatives from among their 
members; 
where the dispute is not of a general nature, but is limited 
to one department or another, or one category of staff or 
another, the trade union organization or organizations which 
are most representative in national terms name three 
representatives, with the other two being appointed by the 
trade union organization or organizations representing the 
staff involved in the dispute. 
* A trade union organization within the meaning of this law is 
taken to mean any professional grouping with an internal 
organization whose aim is to defend the professional interests 
and which represent exclusively the staff of central government 
and of public establishments under the direct control of the 
State. 
* The most representative trade union organization in national 
terms or for the sector concerned is the one which can show 
evidence of being the most representative in terms of having the 
highest number of members, and in terms of its activities and 
independence. 
c) Mediation 
* In the event of non-conciliation, the dispute is put, at the 
request of one of the parties and withfn a period of forty-eight 
hours, to the Chairman of the Council of State or to the member 
of the Council of State delegated by the Chairman as mediator. 
The mediator then endeavours to mediate between the two parties. 
If he fails in his task, he puts to them, within a period of 
eight days and in the form of a recommendation, proposals for 
regulating the dispute. 
d) Notice of strike action 
Where, as a result of failure of the conciliation procedure and, 
where appropriate, of the mediation process, the staff decide to 
take strike action, the concerted cessation of work must be 
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preceded by notice in writing. Such notice must be issued by the 
trade union organization or organizations designated in Article 
2, and must be transmitted to the Prime Minister ten days before 
the planned start of the strike. It must indicate the reasons, 
place, date and time of start and the planned duration of the 
strike. It may not have cumulative effect with any other notice 
of str ike act ion. 
e) Limitations 
* In the event of the concerted cessation of work on the part of 
staff covered by Article 1, the time of cessation and the time 
of return to work may not be different for different categories 
of staff or for the various members of staff. 
* Stoppages may not, by staggered strike action or by rotation, 
affect the various sectors or staff categories in one and the 
same service or establishment or the various services or 
establishments in one and the same organization. 
* Concerted stoppages whose aim is not exclusively the defence of 
professional, economic or social interests are prohibited. 
* stoppages accompanied by acts of violence against persons or 
property or by constraints on the freedom to work are deemed to 
be illegal in respect of the persons committing such acts. 
f) Requisition arrangements 
* By reason of a government decision, the ministers may be 
authorized to requisition or have requisitioned all or some of 
the persons designated in Article 1 as being indispensable to 
the provision of essential services to meet national needs. 
* Such requisition orders may be individual or collective and must 
be brought to the attention of those concerned by appropriate 
means such as individual notification, posting, publication in 
the national Gazette or in the press or radio. 
g) Sanctions 
1. Custodial 
* Any member of staff as designated in Article 1 and any union 
representative who does not conform to the rules set out in 
Articles 2, 3, 4 and 5 may be subject to a fine of between 2 500 
and 150 000 francs. 
* The provisions set out in Volume 1 of the Penal Code and in the 
law of 18 June 1879 making the courts responsible for assessing 
attenuating circumstances, as amended by the law of 16 May 1904, 
apply. 
* If a second offence is committed within a period of two years, 
the fine set out above may be doubled. 
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* The above provisions apply without prejudice to the application 
of any other provisions of the Penal Code. 
2. Financial 
* Absence from work as a consequence of the concerted stoppage of 
work brings with it, for the persons designated in Article 1, a 
loss of remuneration, other than family allowances, of a 
thirtieth of the monthly remuneration per day. 
For the purposes of this provision, parts of a day are deemed to 
count as a fui I day. 
* Despatch to the person concerned of the supporting evidence of 
withheld remuneration counts as notification of the decision, 
the date indicated on the bank statement acting as the first day 
of the period within which appeal may be made to the Council of 
State's disputes committee. 
3. Disciplinary 
* Without prejudice to the application of penal sanctions and the 
sanctions provided for in Article 8 below, the non-observance of 
the above provisions attracts, in conformity with the normal 
disciplinary procedure, sanctions as provided for in the 
statutes or rules governing the categories of staff concerned. 
VOCATIONAL TRAINING 
Question 15 
a) The conditions of access to vocational training are laid down in 
the Grand-Ducal Regulation of 8 February 1991, determining the 
criteria for advancement in the lower, middle and technical 
education sectors and in the upper cycle of secondary technical 
educat ion. 
They are as fol lows: 
1. Pupils who have successfully completed a class in the 
9th level of technical education (9/I) under advancement 
system A are eligible to attend all classes in the 10th 
grade of the middle school. 
2. Pupils who have successfully completed 
a class in the 9th technical grade (9/I) under 
advancement system B, 
a class in the 9th general grade (9/II) under 
advancement systems A and B, 
a class in the 9th vocational grade (9/III) under 
advancement system A 
are eligible to enrol in a 10th grade class in the middle 
school in conformity with the class advisor's opinion. 
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In forming his opinion on children who fall into the above 
category, the advisor takes into account: 
the pupil's results, 
the knowledge and aptitude required to follow training 
courses in the various divisions and sections of the 
middle school, 
the advice of the school pyschological and guidance 
service. 
3. The provisions set out in Article 25 of the Law of 
4 September 1990 introducing reforms to the secondary 
technical education system and to the continuing vocational 
training system find their application in the publication of 
the Grand-Ducal Regulation determining the way in which the 
guidance profile is drawn up and applied. 
The following points should be noted: 
advancement system A governs the school career of pupils 
continuing the same training scheme, 
advancement system B governs the school career of pupils 
changing training stream, 
the guidance profile is based essentially on grades 
obtained, weighted in accordance with a system which 
takes into account the pupil's intended school and 
vocational career and indicates, where appropriate, what 
means of support might be available to enable the pupil 
to pursue his or her training scheme. 
b) The question does not apply, given that the education system in 
Luxembourg features no element of discrimination on grounds of 
nationality with regard to access to vocational training. 
c) The Law of 4 September 1990 introducing reforms to the 
continuing vocational training system offers, with no 
restriction whatever, opportunities for refresher courses, 
retraining and further training. Admission to such courses is 
free of charge or costs a token sum. 
The same goes for adult training courses offering opportunities 
for a "second chance" to obtain certificates and diplomas. This 
type of training is governed by a law passed by Parliament on 4 
June 1991 and offers a wide range of courses in languages and 
general subjects. 
Other intiatives on continuing training have been taken by 
professional organizations and firms themselves and are, 
generally speaking, designed for particular groups. 
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EQUAL TREATMENT FOR MEN AND WOMEN 
Question 16 
a) Equal treatment is a principle which has been written into the 
various laws which have been passed over recent years (e.g. 
equal pay, equal access to jobs, equal treatment in respect of 
training and promotion, equal working conditions and equal 
treatment in respect of social security). There is no direct 
discrimination in terms of access to education, training or 
Jobs. 
b) A variety of measures have been taken in respect of education 
and vocational training with a view to encouraging girls to take 
an interest in the new technologies and non-traditional trades, 
and to provide training and support for women returning to work 
after a career break. 
c) The Law of 1 August 1988 creating an education allowance 
provides for the following persons to be eligible for such 
payment : 
a parent whose main concern is bringing up children at home 
and who does not exercise a professional activity, 
a parent who, while exercising a professional activity, has 
- together with his or her spouse - a level of income which 
does not exceed a certain threshold which varies with the 
size of the famiI y. 
Discussions are currently in progress with a view to extending 
the education allowance to persons exercising a part-time 
professional activity. 
The Law of 24 April 1991 concerning contributory pension schemes 
provides for two rather than one baby year to count as an 
effective insurance period for calculating contributory scheme 
pensions. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
Question 17 
The Laws of 6 May 1974 and 18 May 1979 providing for the 
information, consultation and participation of workers or, via joint 
works councils, for the representation of workers at company level 
and staff delegations- apply exclusively to firms situated on the 
territory of the Grand Duchy of Luxembourg. 
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Question 18 
1. Staff delegates 
The Law of 18 May 1979 makes the staff delegations generally 
responsible for safeguarding and defending the interests of 
employees in the firm in respect of the following: 
working conditions 
job secur ity 
social status 
The law allows for an exception to be made to this principle 
where this mission is assumed by the joint works committee, 
where such a committee exists. 
1.1. Functions of a social and professional nature 
The staff delegation is required to give its opinion and 
formulate proposals on any matter to do with the improvement 
of working conditions and employment conditions and to the 
social situtation of employees. 
In this context, the law requires the staff delegation to 
give its opinion on any new or revised internal rules and 
regulations for the company or a particular operating unit 
and to ensure that the rules are strictly applied. 
The staff delegation is also empowered to propose changes to 
the internal rules of procedure; the management or, where 
appropriate, the joint works committee must take a decision 
on any such proposal within a period of two months, such 
decision being communicated to the staff delegation. 
1.2. Functions of an economic nature 
1.2.1 Annual information 
In a joint stock company, the law requires the management to 
inform the staff delegates once a year at least of the 
economic and financial situation of the company. 
To this end, the management presents workers' delegates with 
a general report on the firm's activities, turnover, overall 
production and operating results, orders, staff remuneration 
changes and investment activity. 
Where there is a Joint works committee, presentation of the 
report must be first of all to the committee and then to the 
staff delegates. 
1.2.2 Periodic information 
The law requires heads of companies to give staff delegates 
information in respect of company status and prospects. 
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Such details must be made available: 
in companies with a joint committee: every month; 
in companies without a mixed committee: to coincide with 
meetings of the staff delegation and management. 
2. Joint committees 
The Law of 6 May 1974 introduced Joint works committees made 
up Jointly of management and staff representatives. 
The law lays down the functions of the joint committee, 
making a distinction between consultation, decision-making 
and supervisory functions. 
2.1. Information and advisory functions 
2.1.1 Six-monthly information 
The law requires the head of the company to inform and 
consult the Joint committee in writing at least twice a year 
on economic and financial developments in the company. 
To this end, it calls on the person in charge to present a 
general report on the company's activities, turnover, 
overall production and operating results, orders, staff 
remuneration changes and investment activity. 
It also requires the management of joint stock companies to 
pass on to the joint committee the company's profit and loss 
account, annual balance sheet, auditors' report, board of 
administration's report and any other document destined for 
the shareholders' general assembley. 
All these documents must be communicated before being 
presented to the general assembley to enable the joint 
committee to base its opinion on the information contained 
in them. 
2.1.2 Annual information 
The company head must inform and consult the joint committee 
once a year at least on the company's current and future 
needs in terms of manpower and on the ensuing measures, 
particularly training and retraining, which might affect the 
company staff. 
2.1.3 Specific information and consultation 
Generally speaking, the law gives the joint committee powers 
to state its views on decisions of an economic and financial 
nature which could have major implications for the structure 
of the firm or its manning level. 
The examples given concern decisions on the volume of 
production and sales, production programming and planning, 
investment policy, plans for restricting or extending the 
firm's activities, merger plans, and plans for altering the 
firm's organizational structure. 
- 201 -
The law also states that the Joint committee has advisory 
powers in respect of measures relating to production or 
administrative installations, equipment and manufacturing 
processes and methods. 
It states that the information and consultation function is 
not restricted to a straight description of what decisions 
are pending, but must extend to the implications of such 
measures for the staffing level and structure and for 
employment and working conditions. Where appropriate, it 
will also relate to measures of a social nature either taken 
or planned by the head of the firm to lessen the impact of 
these measures on employment conditions, particularly as 
regards vocational training and retraining. 
Information and consultation must, in principle, precede the 
decision itself. 
However, the law allows for derogations from this rule where 
prior consultation might have a detrimental effect on the 
management of the firm or compromise a projected operation. 
In such cases, the company head must give the joint 
committee all necessary information and explanations within 
3 days. 
2.2. Joint decision-making function 
The law gives the Joint committee a power of joint decision­
making in respect of the introduction or application of 
technical installations designed to keep a check on the 
behaviour and performance of workers at work. 
The same applies to the introduction or modification of 
measures in respect of the health and safety of workers and 
the prevention of occupational diseases. 
The law also bestows Joint decision-making powers on the 
joint committee in respect of the establishment or 
modification of general criteria regarding recruitment, 
promotion, transfer and redundancy and for the establishment 
or modification of general criteria for assessing workers' 
performance. The actual decisions on recruitment, 
promotion, transfer and redundancy, however, remain the 
exclusive preserve of the employer. 
Finally, the law gives the Joint committee joint decision­
making powers in respect of the granting of bonuses to 
workers for suggestions or proposals which prove 
particularly useful to the firm, although the firm reserves 
all patent and invention rights. 
2.3. Monitoring function 
The joint committee is responsible for overseeing the firm's 
social services; to this end, it receives a management 
report from the head of the firm at least once a year. 
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Deliberations of the Joint committee: 
Each decision and each opinion expressed by the joint 
committee is deemed to be adopted if it receives an 
absolute majority of votes from the employer's 
representatives' group and the staff representatives' group. 
Where there is disagreement between the two groups on 
the adoption of a measure falling within the scope of 
joint decision-making powers, the law gives the first 
petitioner the right to initiate the conciliation 
procedure and, where appropriate, the arbitration 
procedure under the auspices of the national 
conciliation board. 
In the event of disagreement between the two groups on 
the adoption of an opinion voiced by the Joint 
committee, the law makes it mandatory to communicate 
each of the two opinions to the company's administration 
board. 
The head of the company or the administration board must 
give full details of what becomes of the opinions expressed 
by the joint committee. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
Question 19 
a) In the areas or sectors covered by Community Directives, there 
are, generally speaking, no provisions which are more favourable 
in national terms, with the result that Luxembourg endeavours to 
transpose such directives into national law before the projected 
implementation dates. 
b) The Law of 18 May 1979 on the reform of staff delegation 
arrangements says in Article 10, in the chapter entitled "Staff 
delegates' functions", that the staff delegation is required in 
particular to participate in labour protection and its 
environment and in the prevention of occupational accidents and 
occupational diseases. 
Article 11 says that each divisional delegation must nominate 
from its members or from the other workers in the establishment 
a staff safety delegate. 
The Law of 6 May 1974 instituting joint committees in private-
sector companies says in Article 7 that the joint works 
committee has the power of decision-making in respect of the 
introduction or modification of measures concerning the health 
and safety of workers and the prevention of occupational 
diseases. 
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PROTECTION OF CHILDREN AND ADOLESCENTS 
Question 20 
The law prohibits the employment of: 
children under 15 years of age on any kind of work; 
adolescents up to the age of 18 on work which is not appropriate 
to an adolescent's stage of development, which requires a 
disproportionate effort from him or her or which may be a risk 
to his or her physical or mental health. 
Quest ion 21 
For work of equal value, the law gives adolescents aged 18 years or 
more the same remuneration as adult workers aged 20 years occupying 
a similar post. It does not, however, allow bonuses based on length 
of service to which adults may be entitled. 
The following abatements apply: 
adolescents aged between 17 and 18 years of age: 80% 
adolescents aged between 16 and 17 years of age: 70% 
adolescents aged between 15 and 16 years of age: 60% 
Question 22 
1. Duration of work 
The normal working week for adolescents is 40 hours with 
effect from 1 November 1969. 
2. Night work 
2.1. Pr inciple 
The Law of 28 October 1969 prohibits in principle the 
employment of adolescents during night time, i.e. for a 
period of 12 consecutive hours at least, whereby this period 
must include the period between 8 pm and 5 am. 
2.2. Derogations 
1. The employment of adolescents is authorized 
automatically up to 10 pm in continuous-operation 
production processes. 
2. The employment of adolescents may be authorized by the 
labour inspectorate director up to 10 pm where such 
adolescents are covered by an apprenticeship contract 
and are employed in hotels, restaurants, cafés and the 
I ike. 
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3. Similarly, the employment of an adolescent during night 
time may be authorized by the labour inspectorate 
director for certain paramedical professions. 
3. Vocational training 
The Grand-Ducal Decree of 8 October 1945 defines the terms 
of apprenticeship contracts. 
It determines the functions and forms of action open to the 
employers' professional representation and of the 
professional representation responsible for the 
apprenticeship arrangements. 
It also determines the conditions under which the right to 
engage or train an apprentice may be refused. 
3.1. Contract validity 
The apprenticeship contract or declaration is compulsory and 
must take the form of a private deed, otherwise it is deemed 
to be nul I and void. 
3.2. Employer's duties 
The employer's duties with regard to his apprentice are: 
to pay over apprenticeship allowances as laid down in 
the ministerial decree; 
to provide the apprentice's vocational education and 
training; 
to act with all reasonable and usual care, skill and 
forethought, to supervise the apprentice's behaviour and 
habits, to inform the apprentice's legal guardian where 
a serious misdemeanour is committed; 
to give the apprentice whatever time is needed to pursue 
formal or post-school vocational training courses 
prescribed by the employer's professional 
représentât ion; 
not to employ the apprentice on work or services which 
do not fall within the scope of the occupation covered 
by the contract; 
not to give the apprentice productive work to do at 
home. 
3.3. Apprentice's duties 
The apprentice owes his employer loyalty, obedience and 
respect. He must help him in his work and give him proof of 
the fact that he is enrolled for and attending courses at 
the vocational training establishment. 
3.4. Cessation and termination of contract 
The apprenticeship contract is terminated: 
a) by the apprentice passing the final examination, 
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b) if the employer dies or gives up his occupation, 
c) if the employer or the apprentice are given certain 
types of custodial sentences, 
d) by force majeure. 
The apprenticeship contract may be terminated prematurely: 
1. By the employer's professional representation where one 
or the other party is manifestly not complying with the 
apprenticeship conditions or with the provisions of the 
relevant decree; 
2. By one or other of the parties: 
a) where there has been a serious violation of the 
contract conditions, 
b) In the event of a penalty involving the loss of 
civil r ights, 
c) where one of the parties changes residence in 
conditions such that continuation of the 
apprenticeship arrangements becomes impracticable. 
However, in such an event the contract may not be 
terminated until the month following the change of 
address. 
3. By the employer : 
a) where the apprentice is guilty of a breach of good 
conduct ; 
b) where, even after a trial period, it becomes obvious 
that the apprentice will never learn the trade 
properly; 
c) on the advice of the doctor where, as a result of an 
accident or illness lasting more than three months, 
the apprentice is no longer capable of exercising 
his chosen occupation; 
d) on the advice of the doctor, where the apprentice is 
suffering from a contagious or repellent disease; 
e) on the death of the employer's spouse, where the 
apprentice received board and lodging from the late 
spouse. 
4. By the apprentice or his legal guardian: 
a) on the advice of the doctor, where the 
apprenticeship cannot be continued without damaging 
the apprentice's health; 
b) on the event of a female apprentice's marriage; 
c) where a female apprentice receives board and lodging 
from the employer: in the event of the death of the 
spouse or of the person running the household. 
An employer who takes on an apprentice whom he knows to 
have been a party to an apprenticeship contract and 
where the contract has not been properly terminated may 
be liable to pay compensation to the former employer. 
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3.5. Disputes and legal redress 
Disputes between employers and apprentices under this Decree 
are dealt with by a joint committee comprising: 
a) the Director of the Labour Inspectorate, chairing the 
committee; 
b) two representatives of the employer's professional 
représentât ion 
c) two representatives of the professional representation 
for the apprentice; 
d) a similar number of deputy members. 
Legal redress 
Appeals brought against decisions taken by the joint 
committee may be made to the national conciliation board 
within 10^c!ays of notification of the decision. 
/ Supervision and examination 
Supervision of the apprenticeship arrangement is a matter 
for the relevant professional institutes. 
Apprentices must take an apprenticeship examination based on 
the rules and programmes drawn up by the relevant 
professional institutes and approved by the government. 
Quest ion 23 
See reply to question 15. 
THE ELDERLY 
Quest ions 24 & 25 
The retirement system has been improved over recent years to afford 
retired persons a decent standard of living. Thus, the Law of 24 
April 1991 brought about a substantial increase in old-age pensions 
under the contributory scheme. 
Elderly persons who are not entitled to a pension may obtain 
sufficient resources under the guaranteed minimum income scheme or 
under legislation on emergency accommodation. 
The local authorities' social welfare offices and the central social 
services are responsible for dealing with the problems of 
impoverished old people. 
The Ministry for Family Affairs has put forward a national programme 
for the elderly, which was adopted by the government on 11 March 
1988. 
- 207 -
This programme provides for the fair and equitable distribution of 
services to the elderly. More than 80% of the country is covered by 
the meals-on-wheels scheme, and the Ministries of Family Affairs and 
Health are currently organising a scheme for providing home help and 
health care throughout the country. 
Depending on income, a care allowance is paid to persons of over 65 
years of age (Law of 22 May 1989) in the sum of Lfrs 2 288 (at 
index 100(*)) to enable elderly people to obtain constant care and 
attent ion. 
Finally, there are central and local government arrangements in the 
form of day centres, old people's homes, sanatoria and special 
geriatric units to provide help for all elderly people regardless of 
financial resources. 
The central or local government social services pay the difference 
between expenditure and the person's resources. A minimum level of 
resources is guaranteed to elderly people, along with the cost of 
placing them in a day centre or an old people's home. 
The Advisory Committee for the Elderly has been asked to analyse and 
put forward concrete proposals for the implementation of Articles 24 
and 25 of the Charter. 
DISABLED PERSONS 
Quest ion 26 
Law of 12 November 1991 regarding disabled workers. 
1. Definition of disabled worker 
For the purposes of the legislation on the training, placement, 
rehabilitation and vocational integration of disabled workers, 
the law defines "disabled workers" as follows: 
persons who have suffered an accident at work 
war cripples 
persons with a physical, mental or sensory impairment. 
2. Recognition of status as disabled worker 
A person's status as a "disabled worker" is assessed and 
recognised by the Commission for guidance and vocational 
classi f icat ion. 
When the Employment Administration Service or one of its 
agencies receives an application for recognition as a disabled 
worker, it passes it on to the Disabled Workers Department, 
which then submits it for perusal and decision to the above 
Commission. 
(*) the index currently stands at 497.09 
- 208 -
3. Measures in respect of disabled workers 
Once a person's status as a disabled worker has been recognised, 
the above Commission may propose to the Director of the 
Employment Administration Service various measures in respect of 
placement, training or occupational rehabilitation, along with 
work initiation or readjustment measures, depending on the age 
of the person concerned, the severity or nature of his 
disability and his previous skills and aptitudes. 
The Director of the Employment Administration Service then 
decides what measures should be taken with a view to 
occupational intégrât ion or reintegration. 
4. Compulsory employment of disabled workers 
4.1. Establishments concerned 
The following establishments or organizations are required 
to give priority consideration to disabled job seekers: 
a) Pub Iic sector 
Central government 
Local government 
The national railways company 
Public establishments 
b) Pr ivate sector 
Firms normally employing 25 or more workers. 
4.2 Number of disabled workers who should be employed 
The law lays down a specific percentage bracket within which 
priority should be given to disabled workers, as follows: 
Public-sector undertakings must reserve at least 5% of their 
total jobs for disabled workers. 
Private-sector firms employing at least 25 workers must employ 
at least one registered disabled worker on a full-time basis. 
Private-sector firms normally employing at least 50 workers must 
reserve at least 2% of their total jobs for disabled workers. 
Private-sector firms employing at least 300 workers must reserve 
4% of jobs for disabled workers. 
5. Conditions of employment 
A disabled worker's pay may not be lower than the level of pay 
resulting from the application of the relevant legal, regulatory 
or collectively agreed provisions. 
(13 
- 209 -
However, the law makes provision for disabled workers who cannot 
perform to the level of an able-bodied worker to receive 
proportionately less pay. 
In the event of disagreement on the amount of the reduction, it 
is up to the Director of the Labour Inspectorate to decide, 
having heard the opinion of the above-mentioned Commission. 
Accident-related allowances for which disabled workers might be 
eligible may not be reduced by such remuneration. Similarly, 
the remuneration received by a disabled worker may not be 
reduced by the amount of any accident-related allowance for 
which he or she is eligible. 
IMPLEMENTATION OF THE CHARTER 
Question 27 
Virtually all the laws implementing the fundamental social rights of 
workers at national level are accompanied by administrative and/or 
penal sanctions. 
— 2 Ao -
THE NETHERLANDS 
211 -
FREEDOM OF MOVEMENT 
Question 1 
- No. 
- As far as job placement is concerned, the employment authorities 
place no restrictions in the way of such workers. Since 
1 January 1992 the provisions of Article 1 of Order 1612/68 have 
applied equally to Spanish and Portuguese workers. 
Under the law, employment in the judiciary, the police or the 
armed forces, or in sensitive posts or posts representing the 
Netherlands abroad, is confined to persons of Netherlands 
nationality. This is because such posts either involve essential 
state duties, frequently involving the direct exercise of 
authority over citizens, or are connected with national 
interests, in particular the internal and external security of 
the state. It is admissible to reserve such jobs for state 
nationals under Article 48(4) of the EEC Treaty. 
Question 2 
- No, not as far as we are aware. 
- There are no restrictions other than those deriving from Article 
48(4) of the EEC Treaty, many of which have now been dropped. 
- No. 
Question 3 
- The Netherlands already has a flexible family reunification 
policy in conformity with Community law. No special measures 
exist to encourage family reunification. There are no 
restrictions on family members as regards employment. 
- Facilities exist for the employment offices to check what 
practical (labour-market) relevance attaches to diplomas, etc. 
issued in other countries (including EC Member States). 
Pursuant to the EC Directive 89/48 (general system for 
recognition of higher-education diplomas), comprehensive 
legislation on the recognition of EC higher-education diplomas is 
currently in preparation. 
- Under the Employment Act ("Arbeidsvoorzieningswet"), frontier 
workers who are nationals of a Member State have the same rights 
as Dutch workers. 
Under Article 24 of the revised Royal Decree regulating 
Admittance to National Insurance Schemes (Royal Decree 164), a 
resident who is in receipt of a benefit under a foreign social 
- 212 -
security system may, on request and subject to certain 
conditions, be exempted from the obligation to join the 
Netherlands national insurance scheme. 
This measure was taken in order to avoid persons entitled to 
benefits having to pay double, and therefore disproportionate, 
contributions. The measure applies in particular to former 
front 1er workers. 
EMPLOYMENT AND REMUNERATION 
Quest ion 4 
- No. 
Question 5 
- Employees in the private sector who are aged between 23 and 65 
and who work for at least one third of the normal weekly or 
monthly working hours are entitled under the Minimum Wage and 
Mininum Holiday Allowance Act to at least the statutory minimum 
wage (adjusted pro rata). The statutory minimum wage is regarded 
as fair remuneration for the work performed and, in the case of 
full-time employment, as adequate to support a family. 
"Normal working hours" means the number of working hours which, 
in comparable circumstances, constitute full-time employment. The 
number of working hours constituting full-time employment is not 
defined by law but is usually laid down in the collective labour 
agreement under which the worker is employed. In cases where no 
collective labour agreement exists, the number of working hours 
must be laid down in the individual work contract. 
The duration of the labour agreement has no effect on this 
statutory minimum wage guarantee. 
Collective labour agreements normally set out the remuneration 
conditions in detail, including those for part-time workers and 
workers on limited-duration contracts. The provisions of a 
collective labour agreement are without prejudice to the 
provisions of the above-mentioned law. 
The Minimum Wage and Minimum Holiday Allowance Act does not apply 
to employees who work for less than one third of the normal 
working hours. However, the Netherlands parliament is currently 
considering a government bill to scrap this "one third" 
criterion. Once the bill is enacted (probably in autumn 1992) the 
statutory right to a minimum wage (adjusted pro rata) will also 
apply to such workers. 
- Under Article 1638g or the Civil Code, total seizure of wages is 
prohibited: the worker must at all times be left with a 
sufficient part of his wage (the "seizure-exempt allowance") to 
enable him to afford the basic necessities of life. The employer 
- 213 -
must continue to pay this portion to the worker, irrespective of 
the seizure. The same applies to transfers, pledges or any other 
procedure whereby the worker grants a third party some right to 
his wage. The employer first withholds and deducts the income 
tax and the social security, pension and health insurance 
contributions. Of the sum remaining, the "seizure-exempt 
allowance" corresponds to 90% of the benefit to which the worker 
would be entitled in his specific situation under the National 
Assistance (Standardisation) Decree. 
In the case of civil servants, Article 115 et seq. of the Central 
and Local Government Personnel Act stipulates up to what 
percentages specified parts of the remunerations and pensions of 
civil servants may be withheld, seized, cut, transferred, pledged 
or similarly treated. These restrictions do not apply to certain 
special withholding, seizure or reduction procedures, such as 
those to recover maintenance or fines imposed by the courts 
(Article 120 of the Central and Local Government Personnel Act). 
Quest ion 6 
- Job-seekers and employers have access to public placement 
services free of charge (Article 79 of the Employment Act). 
Reimbursement may be claimed only for "additional" costs incurred 
at the express request of the employer or job-seeker. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
Quest ion 7 
- The maximum working time is 8.5 hours per day. Employers have 
various options for extending this but a permit must be obtained 
from the Labour Inspectorate. 
A one-year permit is automatically granted for schemes negotiated 
in collective labour agreements or between employers and works 
councils, provided that the following standards are not exceeded: 
maximum hours of work per day: 9.5 
maximum hours of work per four weeks: 190 
maximum hours of work per quarter: 552.2 
minimum daily rest: 11 hours 
minimum rest between two working weeks: 38 hours 
working days, for the purposes of this permit, are Mondays to 
Saturdays 
the limits of daily working hours are between 06.00 and 19.00, 
or between 08.00 and 21.00. 
In addition to this permit, there also exists a contingency 
permit for overtime in unexpected, short-term emergencies. The 
maximum day is 11 hours, the maximum week 48 hours and the 
maximum four-week period 180 hours. 
- 214 -
Finally, there is also an ad-hoc permit for situations in which 
the above-mentioned permits are not sufficient. The ad-hoc 
permit is issued for a maximum of one quarter. The maximum 
working day is 11 hours, the maximum week 62 weeks, the maximum 
four-week period 200 hours and the maximum quarter 585 hours. 
It has been government policy for some considerable time to 
improve the legal position of part-time workers where necessary. 
For example, in the field of supplementary pensions the 
Netherlands is endeavouring to eliminate the thresholds which 
exist for part-time workers. The pension funds themselves are 
also deeply involved in reviewing these thresholds. 
On a more general level, it can also be confirmed that in 
collective labour agreements and in working practice the legal 
position of part-time workers is being brought closer into line 
with that of full-time workers. The government adopted a more 
precise position on the so-called "flexible work relationships" 
in June 1992, after consulting the Socio-Economic Committee. The 
Netherlands will scrap its previously announced plans to 
introduce a compensation system for flexible workers. Instead, 
the legal position of flexible workers will be considerably 
improved by, among other things, the extensive implementation of 
the EC Directive on an employer's obligation to inform employees 
of the conditions applicable to the contract or employment 
relationship (91/533/EEC) so that this directive also becomes 
highly relevant to this category of workers. The government 
position also contains proposals which should improve the Working 
Conditions Act from the point of view of the safety, health and 
welfare of home workers, and a commitment to investigating ways 
in which the position of flexible workers can be improved with 
regard to social security, in common with that of piece-rate 
workers. Parliament currently has before it a bill amending the 
law governing dismissal. For workers on fixed-term contracts 
this will mean that an employment contract which is not 
terminated or not terminated on time can no longer - as currently 
established in the Civil Code - be repeatedly extended for fixed 
terms but must henceforth be regarded as an open-ended contract 
which is thus subject to the conditions concerning notice. 
In 1976, in implementation of EC Directive 75/129/EEC, the 
Netherlands promulgated the Collective Redundancies 
(Notification) Act. Under this Act, an employer intending to 
terminate the employment of 20 or more employees in a particular 
employment region within a period of three months must first 
notify and consult the competent workers' associations. The Act 
specifies the information which the employer must supply. The 
Regional Director for Employment then deals with the employer's 
redundancy proposal one month after notification, provided the 
unions have been consulted. The one-month waiting period does 
not apply in bankruptcy cases. The Act is supplemented by the 
1971 Works Councils Act, under which the employer is obliged to 
inform and consult the works council about, for example, the 
termination of the activities of the undertaking or of a part of 
the undertaking. 
- 215 -
The traditional rules governing dismissal, as laid down in the 
Civil Code and the 1945 Labour Relations (Special Powers) Decree, 
are somewhat modified if the employer is declared bankrupt. The 
receiver or an employee wishing to terminate the employment 
contract does not then require the approval of the Regional 
Director. Nor does the special interdiction on dismissal under 
Article 1639h of the Civil Code apply. Declaration of the 
employer's bankruptcy also affects the period of notice required 
(Article 40 of the Bankruptcy Act). 
Question 8 
- The minimum paid-leave entitlements of every worker in the 
Netherlands are set out in Articles 1638bb to 1638mm of the Civil 
Code. The main rule is that workers on a five-day working week 
are entitled to a minimum of 20 days' paid leave per year (Art. 
1638bb). Those working only part of a year are entitled to at 
least this minimum, adjusted pro rata. 
The minimum is established in the law of 9 June 1988 (published 
in the Staatsblad 1988, 281), which entered into force on 1 
August 1988. It is based on developments in practice and on the 
EC Council Recommendation of mid-1975 providing for four weeks' 
basic paid leave. Under collective labour agreements, 
regulations or individual work contracts the minimum entitlement 
can be adjusted upwards. In 1991, the average paid-leave 
entitlement in collective labour agreements was 24 days. 
Civil servants' entitlements to annual leave and weekly rest 
periods are laid down by law. The minimum annua I-leave 
entitlement is 23 days, and the weekly rest entitlement over each 
7-day period is at least two days - these two days should, in 
principle, be consecutive. 
Quest ion 9 
- Articles 1637 to 1639 of the Civil Code lay down requirements 
concerning, among other things, remuneration, paid leave and 
dismissal. These are generally minimum requirements, which can 
be adjusted upwards in collective labour agreements or individual 
work contracts. A collective labour agreement must always be in 
writing, whereas in an individual contract of employment even a 
verbal agreement is binding. 
Working conditions of civil servants are governed by regulations 
based on the 1929 Central and Local Government Personnel Act 
(CLGP Act). The drafting of such regulations is preceded by 
consultations with the organizations and government personnel. 
Civil servants are appointed in writing, in accordance with the 
law. 
- 216 
SOCIAL PROTECTION 
Question 10 
- Salaried employees in the Netherlands are insured both under the 
social insurance laws for employees (Sickness Benefits Act; 
Occupational Disability Insurance Act; Unemployment Act and the 
Health Insurance Act up to a specific wage ceiling), and under 
the national insurance laws (General 0 Id-Age Pensions Act; 
General Widows' and Orphans' Benefits Act; General Child Benefit 
Act; the General Exceptional Medical Expenses Act and the General 
Occupational Disability Act). The amount of benefit payable 
under the social insurance laws for employees is generally 
related to the most recent wage earned, while the benefit payable 
under the national insurance laws is a statutory fixed amount, a 
"flat-rate" benefit related to the statutory minimum wage. 
If for any reason the benefit payable under the Sickness Benefits 
Act, the Unemployment Act, the General Occupational Disability 
Act and the Occupational Disability Insurance Act is not at least 
equivalent to the minimum income, the beneficiary may, subject to 
certain conditions, be eligible for a supplementary allowance 
under the Supplementary Allowances Act. 
The amount of the supplementary allowance varies depending on the 
beneficiary's family situation, ranging from the difference 
between 70% of the minimum wage and the income to the difference 
between the full minimum wage and the income. 
Civil servants are covered by the Public Servants' Superannuation 
Fund Act, which provides protection against the financial 
consequences of old age, invalidity and death (survivor's 
pension). These benefits are over and above the statutory 
minimum levels under the general national insurance schemes. As 
regards unemployment insurance, civil servants have a separate 
statutory scheme which compares favourably with the scheme for 
the private sector. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
Question 11 
- There are no obstacles to prevent employers and workers in the 
Netherlands from forming professional organizations or trade 
unions. Freedom of (professional) association is guaranteed 
under Article 8 of the Constitution. In addition, the 
Netherlands has rat.ified ILO Conventions 87 concerning Freedom of 
Association and 151 concerning Protection of the Right to 
Organize and Procedures for Examining Conditions of Employment in 
the Public Service. The guarantees under ILO Convention 151 are 
enshrined in the 1929 CLGP Act and the 1937 Military Personnel 
Act and the decrees based on these two laws. 
Every employer or worker has the right to join or not to join a 
professional organization or trade union without suffering any 
disadvantage. 
- 217 -
Freedom of association for civil servants is enshrined in Article 
125a of the 1929 CLGP Act. 
Question 12 
- There is no statutory obligation for collective bargaining or any 
similar procedure in the Netherlands. Collective bargaining is 
governed by the principle of freedom of contract. In principle, 
any union organization or employer/employers' organization with 
full legal rights and an explicit right to conclude collective 
labour agreements is free to decide whether and with whom it 
wishes to conclude such an agreement. The contracting parties 
are also free to determine the content of the collective 
agreement at their own discretion. The parties must formally 
sign the collective agreement. 
The 1927 Collective Agreements Act and the 1937 Collective 
Agreements (Binding or Non-binding Provisions) Act define what is 
meant by a collective labour agreement and the legal consequences 
of such an agreement. Making provisions in collective agreements 
universally binding has the effect of aligning the terms of 
employment within a particular sector, thus offering protection 
against undercutting by outsiders. Universally binding 
provisions are an important cornerstone of and stimulant to 
collective bargaining. 
In 1985 the National Insurance Funded and Subsidised Sector 
(Terms of Employment) Act came into force. This Act empowers the 
government to set minimum and maximum remuneration figures each 
year for this sector, and the contracting parties to collective 
agreements can then use these as the basis for concrete 
negot iat ions. 
In the civil service, terms of employment are negotiated with the 
Civil Service Unions. Technically, the government implements 
such terms unilaterally, taking account of decisions by 
Parliament and the Council of Ministers. 
Question 13 
- The Netherlands has no statutory provisions in this field. 
From the jurisprudence (on the basis of Article 1401 of the Civil 
Code, concerning unlawful acts) it is clear that, among other 
things: 
* Article 6(4) of the European Social Charter has direct effect; 
* strikes organized by trade unions in protest against working 
conditions are illegal only if: 
important procedural rules are ignored, or 
- (having regard to the restrictions imposed by Article 31 of 
the European Social Charter) it is concluded, when all the 
circumstances of the case have been weighed up, that the 
unions had no reasonable justification for calling the 
str ike. 
- 218 
The Netherlands has no legislation in this field, at least as far 
as the private sector is concerned, although collective labour 
agreements contain provisions on the subject. 
At the end of 1986 the Joint Industrial Labour Council introduced 
a system whereby the parties to a conflict may jointly request 
mediation or arbitration by one or more persons to be chosen by 
them from a list of mediators (the list currently contains 12 
names). 
For labour disputes in the civil service there is an Advisory and 
Arbitration Committee, whose task it is to advise or produce a 
binding Judgement in disputes brought before it (Chapter XI of 
the General Civil Service Regulations). 
Question 14 
- There is currently no Dutch legislation concerning the right of 
civil servants to strike. As regards international legislation, 
the Netherlands excludes civil servants from the scope of Article 
6(4) of the European Social Charter, thus theoretically denying 
civil servants the right to collective action - including strike 
action. In national practice, however, the right is recognised, 
both in case law and de facto. In case law, the prerequisites 
established for strike action are the same as those applying to 
the private sector. 
Advisory and arbitration committees have been set up to deal with 
questions concerning working conditions in the various sectors of 
national and local government. 
VOCATIONAL TRAINING 
Question 15 
- Distinctions need to made here between: 
a) Standard, initial training 
For persons up to age 27 this is paid for entirely by the 
Ministry of Education and Science. In principle, vocational 
training at lower and intermediate levels is eligible for 
open-ended financing. Such training is open to any applicant 
who fulfils the admission criteria. These criteria are based 
primarily on the applicant's prior education. 
Nationality is not a criterion. Institutes for higher 
vocational education and university education have their own 
education budgets. Within these budgets, the institutes have 
a degree of autonomy in their admission procedures, although 
here too the main criterion is prior education. In principle, 
students are entitled to receive six years' higher or 
university education at the government's expense. After that 
they must contribute some of the costs themselves. Grant 
entitlement is age-related. 
- 219 -
b) Adult education 
The Ministry of Education and Science operates an adult-
education system, giving people a second chance to obtain 
qualifications. Increasingly, authority for planning of and 
admission to adult education courses is being delegated to the 
municipalities concerned, on the grounds that they know best 
what the adult-education priorities are for their region, in 
terms both of target groups and programme content. 
Ethnic groups have priority for certain forms of adult 
education. 
c) Training for job-seekers 
The employment offices are run regionally by a tripartite 
committee comprising employers, employees and government 
representatives. Training is seen not as an end in itself but 
as a means of ensuring rapid and permanent job placement. The 
employment office determines whether registered job-seekers 
are suitable candidates for such training. 
d) Training for workers 
In principle, training for workers is the employer's 
responsibility. However, workers too have a say in the 
matter, since many sectors have training funds which are 
administered on a bipartite basis. Training arrangements are 
also dealt with in collective labour agreements. 
The employers decide, either independently or in collaboration 
with the workers' organizations, which workers should receive 
free training. The government has recently released an extra 
budget to give the most poorly educated workers sufficient 
further education to obtain an initial vocational 
qua I ificat ion. 
EQUAL TREATMENT FOR MEN AND WOMEN 
Question 16 
- Article 1637ij of the Civil Code and the Equal Opportunities Act 
prohibit differential treatment for men and women at work. A 
Bill on equal pension treatment is currently before the Upper 
; * /House of Parliament. 
An Equal Opportunities Commission has been set up to ensure 
compliance with the regulations. There is also scope for joint 
legal action by a number of workers. In addition, surveys to 
check compliance with the legislation are conducted at regular 
intervals. 
In addition to the abovementioned measures to ensure compliance 
with the legislation, the government has an active policy of 
improving the position of women in work organizations. A scheme 
- 220 -
exists to encourage the creation of positive action programmes 
for women, through the provision of subsidies for the development 
and/or implementation of such programmes. 
Other instruments in the government's policy include information 
and identification of suitable models to be imitated. 
The Parental Leave Act came into force on 1 January 1991. It 
contains statutory minimum requirements entit Iing workers with at 
least one year's service to take unpaid part-time leave - to be 
taken over an unbroken 6-month period - for children aged 
under 4. Collective labour agreements can incorporate different 
arrangements from the statutory scheme, provided the leave 
entitlement negotiated is at least that laid down in the 
statutory scheme. Child-care plays an important part in enabling 
parents to reconcile occupational and family commitments. The 
government has been encouraging the creation of more child-care 
facilities since 1990. The four-year Child-Care Subsidy Scheme 
should lead to the creation of an extra 50.000 chiid-care places 
between 1990 and 1993, bringing the total up to around 70.000. An 
estimated 100.000 children aged between 0 and 12 will be able to 
make use of these places. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
Question 17 
- The answer to the following question (Question 18) applies in 
principle to all Dutch undertakings, including those belonging to 
a concern or group with subsidiaries outside the Netherlands 
(Arts 31 and 31a of the Works Councils Act). 
As regards the right to consultation, however, attention is drawn 
to the final sentence of Article 25(1) of this Act, imposing 
restrictions for cross-frontier situations (the foreign country 
clause). 
Question 18 
- This question is covered by the Works Councils Act, and quite a 
number of collective labour agreements also contain provisions in 
this field. 
The Works Councils Act contains the following provisions. 
Every undertaking in the Netherlands employing 35 or more workers 
must have a works council. The works council consists of 
workers' representatives, who consult with management on company 
policy in general and matters of relevance to the personnel in 
part icular. 
The works council has a number of rights which enable it to 
influence the employer's policies-, the right to information, the 
right to consultation and the right to grant or withhold 
approval. 
- 221 -
The employer must, without being asked, give the works council 
certain information specified in the Act, such as the annual 
accounts, the annual social report, plans for future policy, etc. 
He must also provide any other information requested by the works 
council which the latter can reasonably be said to need in order 
to perform its functions. Articles 31, 31a and 31b of the Act 
are particularly relevant. 
The employer must consult the works council in good time whenever 
he wishes to take important financial or organizational 
decisions, for example on the question of merging with another 
undertaking, on shutting down (part of) his own undertaking or on 
major investment proposals (Article 25 of the Act). If the works 
council is not happy with the employer's plans, the employer must 
defer the decision for one month, during which time the works 
council can submit the case to the Commercial Chamber of the 
Court of Appeal in Amsterdam. The Commercial Chamber judges 
whether the employer's proposal is reasonable, and can oblige the 
employer to withdraw it or reverse the consequences. 
When an employer wishes to establish or amend certain rules 
concerning the company's social policy and is not bound by a 
collective labour agreement or, in the context of the Working 
Conditions Act, by an order or requirement of the Labour 
Inspectorate, he must first seek the approval of the works 
council. The rules in question include those concerning working 
hours, leave, conditions of work, staff training, and the 
appointment, promotion or dismissal of workers (Article 27 of the 
Works Councils Act). If the works council withholds approval, 
the employer can ask the industrial tribunal to arbitrate. If 
arbitration fails to produce the desired result the employer can 
ask the cantonal judge for permission to proceed with his 
proposal. The latter will only give permission if the works 
council's decision to withhold approval is unreasonable or if the 
employer's proposal is dictated by compelling organizational, 
economic or social reasons. The employer may not introduce the 
new rules without the approval of the works council or the 
permission of the cantonal judge. 
There are no specific provisions concerning frontier workers in 
the Works Councils Act, although the Act offers points of 
departure for discussion of such a specific policy (e.g. Article 
25(1) f and g). 
Chapter XI A of the General Civil Service Regulations provides 
for employee participation via consultative committees. These 
committees, chosen by civil servants, can advise on the way in 
which working conditions and service conditions are applied 
within the particular branch of service, on personnel policy, on 
the organization of the branch of service, and on other such 
matters. 
Consultation must take place between the committees and 
management prior to the issuing of opinions (Article 127d of the 
General Civil Service Regulations). 
- 222 -
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
Question 19 
- The Working Conditions Act is the most important instrument of 
legislation which the Netherlands has in this field. The 
differences with the Community directives are merely differences 
of emphasis. 
The directives based on the framework directive concerning safety 
and health at work (Article 118A) go further than the Working 
Conditions Act in certain respects. The framework directive 
itself brings an obligation to adapt the legislation concerning 
the organization of safety and health protection for all workers. 
The imposition of uniform requirements for the design and 
manufacture of machinery and personal protective equipment 
(Article 100A directives) could see the Netherlands faced with 
requirements which it has never in the past been required to 
meet. However, the consequences should be offset to a large 
extent by the EC's policy on normalization and certification. 
The burden of implementation will thus fall primarily on 
industry. The necessary legal basis is provided by the Dangerous 
Machinery Act. 
1. Under the Working Conditions Act, responsibility for safety, 
health and welfare at work lies jointly with the employers and 
the workers. This requires collaboration and consultation. 
Consultation takes place at various levels. 
At shop-floor level there is job consultation with workers 
(Article 16 of the Act). This gives the individual worker the 
chance to play an active role in improving working conditions. 
At the level of the undertaking there is a general obligation 
on workers and employers to collaborate (Article 13). 
Consultation is therefore essential and takes place primarily 
via the works council, a body accorded a central role in the 
Act (Article 14). Complementing the Works Councils Act (of 
which more at point 2), the Working Conditions Act extends and 
gives further details of the rights of the works council. 
These include the right to information and the right to 
accompany labour inspectors during their visits. The Act also 
accords rights to the works council (or, in the absence of a 
works council, to the workers concerned) in connection with 
the preparation, drafting and notification of Labour 
Inspectorate decisions. One important area in which provision 
for worker participation exists is in the preparation of 
decisions. 
The works council has the right to be heard before the 
district head of the Labour Inspectorate or the Director-
General of Labour issues a decision concerning, for example: 
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a. the work safety report, Article 5(2); 
b. an instruction to an undertaking or establishment to set up 
a works committee, Article 15(3); 
c. an instruction to an undertaking or establishment 
concerning the obligation to provide an occupational 
medical service, Article 8(2); 
d. an instruction to an undertaking or establishment 
concerning the obligation to provide an occupational safety 
service, Art. 19(2); 
e. an instruction from the Labour Inspectorate to comply with 
the Working Conditions Act, Art. 35(1); 
f. a dispensation, Art. 41(8). 
The works council also has the right to request the Labour 
Inspectorate to apply the Act (Article 40), and in particular 
Articles 35 (imposition of a requirement), 36 (issuing of an 
instruction), 37 (ordering work to be stopped), 5, second 
paragraph (obligation on an undertaking or establishment to 
produce a work safety report), 18, second paragraph 
(obligation on an undertaking or establishment to provide an 
occupational medical service), and 19, second paragraph 
(obligation on an undertaking or establishment to provide an 
occupational safety service). 
Finally, at national level consultations between the 
government and employers' and workers' organizations take 
place within the government's advisory body on working 
conditions, the Council for Monitoring Compliance with the 
Working Conditions Act. 
2. Works council (and thus worker) participation in decisions 
concerning working conditions is also guaranteed under Article 
27(1)(e) of the Works Councils Act, which gives the works 
council the right to withhold approval for any scheme proposed 
by the employer concerning safety, health and welfare at work. 
Although not strictly "participation", the works council is 
also entitled, under Article 31(1) of the Works Councils Act, 
to receive information from the employer insofar as it can 
reasonably be said to need the information in order to perform 
its functions. This must be taken to include information 
referred to in Article 14(1)(a)(1) of the Working Conditions 
Act. 
On the basis of this provision, the works council has the 
right to information from the specialist and welfare services. 
This provides the formal basis for specialist support for the 
works council from the specialist services. 
As regards civil servants, within the framework of the Working 
Conditions Act the consultative committees are regarded as the 
negotiators with management on questions of safety, health and 
welfare (Articles 2-5 of the Decision on Working Conditions 
for the Civil Service). 
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PROTECTION OF CHILDREN AND ADOLESCENTS 
Question 20 
- The minimum employment age for young people, and the exceptions 
thereto, is covered in the 1919 Factories Act (Staatsblad 624), 
the Stevedores Act (Staatsblad 1914, 486) and the 1933 Outwork 
Act (Staatsblad 597). 
The first paragraph of Article 9 of the 1919 Factor ies Act states 
that no child may work, Article 8 defining a child as: 
1. a person whose compulsory education pursuant to paragraph 2 of 
the 1969 Compulsory Education Act (Staatsblad 1968, 303) has 
not yet started or not yet ended; 
the Compulsory Education Act states that compulsory education 
begins on the first school day of the month following the 
child's fifth birthday and ends at the end of the school year 
in which the child completes at least 12 school years or at 
the end of the school year in which the child reaches the age 
of 16; 
2. a person exempted from the requirement of paragraph 2 of the 
1969 Act on the basis of Article 5 or 15 of the same Act; 
3. a person aged under 16 years residing outside the Netherlands. 
The second paragraph of Article 9 lists certain exceptions 
relating to the performance of specific types of light work for a 
very limited number of hours per day. In addition, a written 
dispensation may be granted in a very small number of cases by 
the district head of the Labour Inspectorate. 
The first paragraph of Article 4 of the Stevedores Act states, 
among other things, that no stevedoring work may be performed by 
persons aged under 18, except as otherwise specified by decree. 
No such decree has ever been issued. 
The provisions of the 1919 Factories Act concerning the 
employment of children apply mutatis mutandis to outwork. 
For the civil service, there are no special provisions governing 
the minimum employment age. 
As soon as a child enters the labour market in order to perform 
authorised work as described above, he/she is termed a "young 
person", and the relevant provisions covering this situation 
apply unt i i age 18. 
Question 21 
- Under the Minimum Wage and Minimum Holiday Allowance Act, workers 
aged under 23 are entitled to the minimum young persons' wage, 
this being a specific percentage of the minimum adult wage. The 
percentage is fixed by decree and is graduated by age. 
(i 
- 225 
Salary scales in the civil service are based on the nature and 
level of the post (Job rating), but in general young persons on 
scales 1-5 are paid the lowest "adult" wage (i.e. wage at age 
22), with a reduction of 10% for each year younger than this age 
up to a maximum of 50%. 
Question 22 
- The 1919 Factories Act sets the maximum working hours of young 
people at 8 hours per day for 5 days per week, with an unbroken 
daily rest period of at least 12 hours. It also states that a 
young person may not work between the hours of 19.00 and 07.00. 
The second paragraph of Article 9h of the Act lays down an 
exception to the ban on work between 19.00 and 07.00, allowing 
young persons to be employed between 06.00 and 07.00 in the 
delivery of newspapers to subscribers. 
Exemptions from the ban on work between 19.00 and 07.00 may be 
established by decree for work in nursing establishments and 
similar institutions. However, under the terms of such decrees 
no work may be performed after 23.00. 
The Decree on hours of work and rest periods for young people 
allows the district head of the Labour Inspectorate to grant 
dispensations from the ban on night work by young people. It has 
been agreed, in consultation between employers', workers' and 
young people's organizations, that such dispensations shall be 
granted only for training-related night work in the hotel and 
catering sector (provided that the employer can show that this is 
necessary) and for young artistes. In both cases, of course, the 
obligations entered into with the IL0 apply. 
THE ELDERLY 
Question 24 
In principle, every person who has been insured under the General 
Old-Age Pensions Act is entitled to a pension on reaching the age 
of 65. The amount of pension depends on the number of years' 
coverage amassed, i.e. the number of years that the person 
concerned has lived or worked in the Netherlands. In principle, 
each partner has separate claim to 50% of the total pension 
amount. However, if one partner has not yet reached 65, the 
younger partner is then entitled to an allowance, the amount of 
which depends on the number of years' coverage amassed and the 
amount of any income which the younger partner may receive from 
or in connection with work. 
A person having been in paid employment in the Netherlands and 
having been affiliated to a company pension scheme may be 
entitled, in addition to the statutory state pension, to a 
supplementary pension, the amount of which is generally based on 
the most recent earnings and the duration of employment. 
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Quest ion 25 
- Every resident with insufficient resources to afford the basic 
necessities of life is entitled to a cash allowance under the 
National Assistance Act. The amount is based on the claimant's 
individual circumstances and family size and is related to the 
statutory minimum wage. 
DISABLED PERSONS 
Question 26 
- In the Netherlands, all disabled persons, regardless of the 
origin and nature of their disability, are entitled to concrete 
supplementary measures to facilitate their social and 
occupational integration, insofar as these can be considered 
beyond their means. 
Under the Disabled Workers Employment Act, responsibility for 
facilitating the reintegration of disabled persons into the world 
of work lies with the Joint Medical Service (for the private 
sector) and the Public Servants Superannuation Fund (for the 
public sector). The means at their disposal include: 
- authority to set up job placement activities on the basis of 
the Disabled Workers Employment Act. 
- subsidies for training and wage costs. Unlike in the past, it 
is no longer necessary for another body to be involved. 
- the possibility of providing facilities on the basis of the 
General Occupational Disabilities Act (for the private sector) 
and the Public Servants Superannuation Act (for the public 
sector). 
This includes the costs of specially adapted transport to and 
from work, of workplace modifications, and of special aids 
necessary for the performance of the work. Within the 
framework of the Disabled Workers Employment Act, facilities 
for use by more than one disabled person can be (part) 
financed on the basis of the General Occupational Disabilities 
Act or the Public Servants Superannuation Act. 
Decision-making with regard to such funding lies with the 
industrial insurance boards in the private sector (under the 
General Occupational Disabilities Act) and with the Public 
Servants Superannuation Fund in the public sector (under the 
Public Servants Superannuation Act). 
integration into social life is facilitated by the following 
concrete measures: 
- The provision of facilities to individual disabled persons in 
order to improve their living conditions. These facilities 
are provided via the same procedure as the facilities outlined 
above in connection with work, but can be provided 
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independently of the above. The most important one is the 
allowance for adaptation of a vehicle. Apart from this, 
wheelchairs and communication aids can be provided, as well as 
special home help over and above the standard home help. 
Applicants must be aged under 65. 
Persons aged over 65 can claim under the National Assistance 
Act for essential facilities. A means test is applied. The 
government is planning to introduce new rules for the 
provision of facilities to the disabled, scrapping the current 
distinction between under-65s and over-65s and obliging every 
recipient to pay a proportion of the costs. 
As regards suitably adapted accommodation, claims for 
assistance under the Financial Aid Scheme for Accommodation 
for the Disabled can be made via the municipality. The scheme 
covers, for example, the costs of removing and replacing 
economically unsuitable design features or of re-locating a 
disabled person to suitable accommodation. 
The building legislation stipulates that public buildings, 
such as town halls, should be accessible to the disabled. 
IMPLEMENTATION OF THE CHARTER 
Quest ion 27 
- Through the legislation, policies and court Judgments referred to 
in these rep Iies. 
- 2 2f-
P ORTUGAL 
- 229 -
INTRODUCTION 
In Portugal, 1990 saw an intensified social dialogue, culminating in 
October in the conclusion of an Economic and Social Agreement 
between the Government and the social partners on the Permanent 
Council for Social Concertation, in which they undertook to make a 
decisive contribution to modernising the national economy, reducing 
its vulnerability to the short-term and medium-term challenges that 
may confront it, ensuring the competitiveness of industry and 
bringing about a progressive and sustained Improvement in the living 
conditions of the Portuguese people. 
This agreement covers various areas of social policy and lays down 
objectives to be met and measures to be taken from January 1991 
which, while taking the reality of the Portuguese economy into 
account, should help to achieve convergence with the other Member 
States of the European Community by progressive application of the 
Charter of Fundamental Social Rights for Workers. 
With a view to the implementation of the Economic and Social 
Agreement, the Government and all other organisations representing 
workers and employers signed an agreement on vocational training 
policy and an agreement on safety, hygiene and health at work on 
30 July 1991. 
Law No 108/91 of 17 August 1991 established the Economic and Social 
Council (CES) as a consultative and coordinating body in economic 
and social policy matters. 
The remit of the above-mentioned Permanent Council for Social 
Concertation then passed to the Permanent Commission for Social 
Concertation set up under the CES with the particular task of 
promoting dialogue and coordination between the social partners and 
contributing to the formulation of policies on prices and incomes, 
employment and vocational training. 
The social concertation process led in 15 February 1992 to the 
signing of the agreement on incomes policy for 1992 between the 
Government, the General Confederation of Portuguese Workers (CTTP), 
the General Union of Workers (UGT), the Confederation of Portuguese 
Farmers (CAP), the Confederation of Portuguese Commerce (CCP), and 
the Confederation of Portuguese Industry (CIP). 
Under this agreement, recommendations were drawn up for collective 
agreements in 1992, regarding the average increase in collectively 
agreed wage rates and the minimum wage, along with recommendations 
concerning prices. Also agreed were rates of increase in family 
benefits, taxation measures, in particular the reduction of the tax 
burden on earned income, and measures concerning housing, employment 
and health. 
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FREEDOM OF MOVEMENT 
On 24 February 1992, a Decision was published by the Ministry of 
Employment and Social Security stating that the national regulations 
governing access to employment and the exercise of a professional 
activity apply without restriction to workers who are nationals of 
Member States of the European Community and to members of their 
families within the terms of Council Regulation 1612/68. These 
regulations do not apply, however, to Luxembourgish workers 
intending to take up employment for the first time in Portugal. 
In September 1992, the Council of Ministers approved a Decree-Law 
and a Regulatory Decree on the entry and residence of nationals of 
Member States of the European Community. This legislation covers 
employees and the self-employed (whether active or non-active), 
students and nationals of other Member States who do not have right 
of residence under other provisions of the Treaty, together with the 
members of their families as defined in the Community Directives and 
Regulations. 
EMPLOYMENT AND REMUNERATION 
Under the Portuguese Constitution, everyone has the right to choose 
freely his or her profession or type of work subject to the 
restrictions imposed by law in the public interest or by their 
ability, and all workers, irrespective of age, sex, race, 
citizenship, place of origin, religion or political or ideological 
persuasion, are entitled to remuneration for work which reflects its 
quantity, nature and quality, in accordance with the principle of 
equal pay for equal work, so as to ensure a decent standard of 
I i v i ng. 
Under Portuguese legislation, all employees, whatever their terms of 
employment, are guaranteed a monthly minimum wage. This minimum 
wage does not preclude the payment of higher wages under collective 
agreements or agreements concluded between individual parties. 
For part-time working, remuneration may not be less than the 
fraction of the full-time remuneration corresponding to the period 
of work in quest ion. 
One objective of the Economic and Social Agreement is for the 
guaranteed minimum wage to rise faster than the average wage. In 
1992, the minimum wage was fixed at Esc 44 500 per month for workers 
in agriculture, industry and services and at Esc 38 000 per month 
for workers in domestic service, representing increases of around 
11% and 13%, respectively, compared with the 9.75% agreed for the 
average increase in collectively agreed wage rates. 
Where wages are withheld, seized or transferred, there is no 
provision for national benefits in the social security system. In 
cases of transfer, however, unemployment benefits or social 
assistance benefits may be paid in the event of economic need; wages 
may be withheld only in the event of debts contracted by the worker 
- 231 
and then only up to a maximum of 1/6 of pay; as for seizure, only 
1/3 of pay may be legally seized, although the court may fix a lower 
fract ion. 
The services provided by the public employment centres are 
unconditionally free of charge. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
The working conditions of employees are governed by legislation, 
collective agreements, internal rules and an individual contract of 
employment if this is in writing (only temporary contracts, term 
contracts, contracts for foreign workers not entitled to free access 
to employment and contracts for workers employed in public 
performances and/or on board ship are required to be in writing). 
Until January 1991, normal working time was not permitted by law to 
exceed 48 hours a week and 8 hours a day. Under the Economic and 
Social Agreement, however, a reduction to 44 hours was agreed for 
January 1991 (legislation already having been enacted to this end), 
falling to 40 hours in 1995 at a rate of one hour a year or as 
otherwise specified in a collective agreement. For office workers 
and civil servants, the normal working week is 42 and 35 hours, 
respectively. Working time may be less than that defined by law, as 
is the case in the services sector, where the working week is around 
35 hours. In collective agreements, normal working time may be 
defined as an average whereby the normal working day may be 
increased by up to 2 hours, provided that the working week does not 
exceed 50 hours except in the case of overtime worked as a result of 
force majeure. The reference period for calculating such an average 
is fixed by collective agreement or, in the absence of any explicit 
provision in such an agreement, is 3 months. 
In October 1991, a collective labour agreement was concluded between 
the Confederation of Portuguese Farmers (CAP) and the agriculture, 
food and forestry union, fixing the maximum normal working week at 
42 hours from 1 January 1992 and at 40 hours from 1 January 1994. 
Currently under study is the administrative extension of this 
agreement to other geographical areas not directly covered. 
Without prejudice to the exemptions authorised in collective 
agreements, the working day must be interrupted by at least one and 
at most two hours in such a way that not more than five hours are 
worked consecutively. 
By law, the weekly rest period is one day, normally Sunday. A 
further day or half-day may be granted under a collective agreement. 
Shift working is regulated by legislation and collective agreement. 
The duration of each shift may not exceed the maximum limits for 
normal working and the shift workforce may not be replaced until 
after the weekly rest period. 
- 232 -
Night work is work performed between 20.00 hours on one day and 7.00 
hours the next. Consecutive periods of 11 hours are permitted by 
collective agreement, provided that 7 of them are worked between 
22.00 hours and 7.00 hours. 
Overtime working may not as a rule exceed 2 hours a day and 200 
hours a year. Workers on overtime are entitled to a higher hourly 
pay and, in certain situations, to paid compensatory leave. In 
1991, the additional social security contributions payable on 
overtime were eliminated. 
Term contracts are permitted only in situations specified by law, 
namely, i) temporary replacement of a worker who is prevented from 
working, ii) temporary increase in the activity of the company, iii) 
seasonal activities, iv) casual labour, v) start-up of a company or 
establishment, vi) starting of a new activity of uncertain duration, 
vii) hiring of long-term unemployed or first-time Job seekers. Term 
contracts must be in writing. The employer is obliged to notify the 
workers' commission of the employment of workers under such 
contracts. Fixed-term contracts, which have a minimum legal 
duration of 6 months (except in cases i) to iv) above, where the 
duration may be shorter), may not be renewed more than twice and are 
limited to 3 consecutive years (except in cases v) and vi) above, 
where the contracts may not exceed two years whether or not 
renewed). 
Within specified deadlines, the employer must inform the worker of 
the non-renewal of a fixed-term contract or the term of a contract 
with an unspecified term, otherwise these types of contract are 
converted into open-ended contracts. On expiry of the contract, the 
worker is entitled to compensation corresponding to 2 days pay for 
every completed month of the duration of the contract. The same 
conditions are laid down by law for cases where the contract is 
terminated by the worker. 
Part-time working is essentially regulated by collective agreement, 
except for the principle of proportional remuneration, which is laid 
down by law. 
Temporary working is subject to the rules for term contracts and 
some special provisions laid down in the legislation governing 
temporary employment agencies. A temporary worker is subject to the 
terms of employment of the employer to whom he is hired as regards 
type, place and duration of work, leave of absence, hygiene, safety, 
occupational medicine and access to social facilities. 
There are 12 obligatory and 2 optional paid holidays. 
Annual leave is 22 working days. Entitlement to leave is acquired 
upon signing of the contract of employment and falls due on the 
first of January, unless employment commences in the second half of 
the calendar year, in which case leave may be taken after 6 months 
of effective employment; if employment commences in the first half, 
the employee is entitled to leave of 8 working days after a period 
of 60 days of effective employment. 
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Where an enterprise or establishment closes for holidays, workers 
who are entitled to a period of leave longer than the period of 
closure and take leave during this period may opt to receive the 
remuneration and allowances corresponding to the difference, without 
prejudice to their effective entitlement to 15 working days, or take 
the extra period as leave. 
The remuneration for the period of leave may not be less than that 
which the workers would receive if at work and must be paid at the 
start of the period of leave. Workers are also entitled to a 
holiday allowance equal to the amount of this remuneration. 
Workers employed under a term contract with an initial or renewed 
duration of less than one year are entitled to a period of leave 
corresponding to 2 working days for each completed month of 
employment. 
Justified or unjustified absences have no effect on the entitlement 
to leave. However, where absences entail loss of pay, the worker 
may instead, if he so wishes, substitute days of leave for these 
absences, provided that the leave entitlement to 15 working days, or 
5 working days in the case of leave in the first year of employment, 
is maintained. 
If the worker falls sick during leave, leave is suspended, provided 
the employer is informed, and continued after the period of 
sickness. 
Under national legislation, collectfve redundancy is defined as the 
termination of individual contracts of employment by the employer, 
simultaneously or successively over a period of 3 months, affecting 
at least 2 workers (in enterprises with 2 to 50 workers) or 5 
workers (in enterprises with more than 50 workers) in connection 
with the definitive closure of the enterprise or one or more of its 
sections or a cutback in the workforce for structural, technological 
or economic reasons. Notice of such redundancies must be 
communicated in writing to the body representing the workers, with a 
copy to the Ministry of Employment and Social Security. This is 
followed by negotiations, with the participation of the above 
Ministry, with the aim of obtaining agreement on the scale and 
impact of the measures to be taken. Whether or not an agreement is 
reached, 30 days after the communication referred to above, the 
employer must give each worker to be made redundant notice of 
redundancy not later than 60 days before the planned date of 
redundancy. 
Workers who are made redundant are entitled to compensation 
corresponding to one month's basic pay for each year of seniority or 
fraction thereof, the minimum being three months. During the period 
of notice, the employee may terminate his contract without loss of 
entitlement to such compensation. 
If the employer is legally declared bankrupt or Insolvent, this does 
not terminate the contract of employment as long as the 
establishment is not definitively closed. The administrator of the 
bankrupt employer's assets must meet in full the obligations arising 
from the contracts of employment until the establishment is 
def ini t ively closed. 
- 234 -
If, before the definitive closure of the establishment, some of the 
workforce are no longer required on account of the gradual reduction 
in activity, the administrator of the bankrupt employer's assets may 
terminate the contracts of those workers, provided such action is in 
accordance with the legal regulations for collective dismissal, the 
only difference now being that the advance payment of compensation 
for dismissal is not obligatory. 
Any claims on the part of workers, including unpaid redundancy 
payments, must be lodged during the bankruptcy proceedings, when, on 
being acknowledged, they will be ranked in accordance with Articles 
737, 747 and 748 of the Civil Code, i.e. they will be considered 
after the claims of the State. 
At all events, if the contract of employment is terminated, a wage 
guarantee fund (fully financed by the government) ensures that 
workers are paid for the last four months immediately prior to the 
legal declaration of bankruptcy or insolvency. However, the maximum 
monthly amount may not exceed three times the minimum wage 
guaranteed by law for the sector of activity concerned. 
SOCIAL PROTECTION 
Social protection for workers is available under the general social 
security system, which provides compulsory cover for all employed 
workers and the self-employed, and by the systems catering for the 
civil service, the legal profession and bank workers. 
Persons not compulsorily covered by these systems may join a 
voluntary social insurance scheme. 
Protection to cover the risk of occupational accidents is the 
responsibility of employers. However, they may transfer their 
responsibility to insurance companies. 
For employed workers, the following contingencies are covered: 
sickness, maternity, unemployment, occupâtional iIIness, invalidity, 
old-age, death and family responsibilities. 
The self-employed and civil servants are covered against the same 
risks except for unemployment. Protection against occupational 
illness is also optional for the self-employed. 
Voluntary social insurance is intended to protect insurees in the 
event of invalidity, old-age and death as well as, for certain 
specific groups, occupational illness and family responsibilities. 
As a rule, but without prejudice to the minimum amounts laid down by 
law, wage replacement benefits are calculated as percentages of the 
amount of pay on which contributions are based, varying between 65% 
and 100% of this amount in the case of immediate benefits and 
between 30% and 80% in the case of deferred benefits. Family 
benefits are flat-rate. 
- 235 -
Social protection for workers is also provided by supplementary 
schemes run by insurance companies, pension funds, mutual benefit 
associations, foundations and other bodies. 
Social protect Ion for persons excluded from the labour market and 
having no means of subsistence is provided by the non-contributory 
system in the form of cash benefits to compensate for invalidity, 
old age, death and also to cover family responsibilities, subject to 
a means test. Also subject to a means test is a benefit for entry 
into working life granted to young people aged between 18 and 25 
seeking their first job. 
In addition social assistance benefits are granted on a case-by-case 
basis. 
Currently under preparation is a national programme to combat 
poverty, comprising a set of locally based activities - projects -
aimed at ensuring the social, economic and cultural integration of 
disadvantaged persons, groups and communities by mobilising local 
and national resources, exploiting and enhancing the capacities of 
the population, and activating local solidarity. 
The programme is coordinated and managed by two commissioners, one 
for the north of the country and the other for the south. Both 
answer directly to the Minister of Employment and Social Security. 
Health protection is assured by a system comprising the national 
health service and all the public bodies undertaking promotion, 
prevention and treatment activities in the field of health, together 
with all private bodies and professionals who sign agreements with 
the national health service to perform all or some of these 
activities. The national health service, which comes under the 
Ministry of Health, embraces all the official health-care services 
and institutions under the Ministry of Health and has a statute of 
its own. Beneficiaries of the national health service are citizens 
of Portugal and the other Member States of the European Community as 
well as stateless persons and residents of Portugal who are citizens 
of third countries with reciprocal arrangements with Portugal. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
Under national legislation, employers have the right to constitute 
associations to defend and promote their entrepreneurial interests 
and to Join the association representing the category to which they 
belong in their area of activity, provided that the statutory 
requirements are met. The right to leave such associations is free 
and uncondit ional. 
Where workers are concerned, the Constitution lays down that freedom 
of associât Ion in trade unions is guaranteed without discrimination, 
in particular the freedom to form trade unions at all levels and the 
freedom to join trade unions. However, no worker is obliged to pay 
dues for a trade union to which he does not belong. 
- 236 -
Ordinary law also guarantees workers the right of association in 
trade unions to defend and promote their social and professional 
interests and the right to join the trade union that represents the 
categories to which they belong in the field of their activity as 
well as the right to leave at any time the trade union to which they 
belong. 
Any agreement or act making a worker's employment conditional upon 
Joining or not Joining a trade union or upon leaving the trade union 
to which he belongs or any agreement or act intended to dismiss, 
transfer or in any way prejudice a worker on account of his 
belonging or not belonging to a trade union or on account of his 
trade union activities is prohibited and deemed null and void. 
Labour relations are collectively regulated by collective agreement, 
arbitration or affiliation agreements. 
Only the trade unions and employers' associations registered in 
accordance with the appropriate statutory regulations as well as 
individual employers may sign collective agreements. 
Collective agreements concluded by trade unions and employers' 
associations are known as collectfve contracts, while collectlve 
agreements proper are entered into by trade unions and a group of 
employers on behalf of a group of enterprises. Company agreements 
are those signed by trade unions with Just one employer for one 
enterprise. 
The process of securing or revising an agreement starts with the 
presentation of a proposal and a counter-proposal within certain 
statutorily defined deadlines, followed by a phase known as "direct 
negotiation" between the parties involved with a view to reaching an 
agreement. If no agreement is reached, the resulting dispute may be 
resolved by conciliation, mediation or arbitration. 
The regulations established by any one of the above methods may not 
be overturned by individual contracts of employment except to 
establish more favourable conditions for workers. 
The only obstacle preventing parties to agreements from revising or 
replacing them is the minimum duration of agreements (1 year). 
Notice of termination of these agreements may be given only after 10 
months following their deposition with the Ministry of Employment 
and Social Security. 
Workers are guaranteed the right to strike under the Constitution. 
It is left to them to decide the scope of the interests to defend. 
This scope cannot be restricted by law. 
National legislation lays down some rules in this area, specifying 
who may call a strike, the compulsory nature of the notice to 
strike, the effects of a strike, obligations during a strike and the 
consequences for workers of not complying with the law. 
Civil servants, but not the military and paramilitary forces, are 
guaranteed the right to strike under the conditions outlined above. 
- 237 -
VOCATIONAL TRAINING 
The agreement on vocational training policy mentioned in the 
introduction calls for "the improvement of coordination between 
training and working life", "the integration within the labour 
market of disadvantaged groups", "the intensification of further 
training", "social consultation in the definition, development and 
implementation of employment and training policies", "the 
encouragement of the investigation and systématisation of training 
and employment statistics" and "cooperation within the European 
Community". 
The agreement provides for a range of measures requiring close 
cooperation between public authorities and the social partners. 
Social dialogue and the participation of the social partners in the 
definition, development and implementation of employment and 
vocational training policy feature throughout this agreement, in 
particular as regards the tripartite organisation of the bodies 
concerned. 
To implement the measures provided for in this agreement, 
legislation has been adopted concerning a framework for vocational 
training, preliminary vocational training, vocational information, 
vocational qualifications, training grants, and work experience. 
For example, Decree-Law No 401/91 of 16 October 1991 regulates 
vocational training, whether provided in the education system or on 
the labour market, and defines its essential features: concepts, 
aims, consideration of occupational levels and profiles, assessment, 
etc. It integrates all such training in a uniform and effective 
legal system. 
Decree-Law No 405/91 of 16 October 1991 specifically establishes a 
legal framework for training provided on the labour market and 
clarifies the role of the State, companies and other employers or 
training providers. 
This legislation also sets out the criteria for defining the 
priorities to be observed in granting training aids and for their 
sources of funding. 
One particular form of such training is apprenticeship, which 
provides training combined with work for a duration of not more than 
4 years and covers young people from the age of 14 to 24 who have 
completed compulsory schooling. The legal provisions governing 
apprenticeship date from 1984, although some modifications have been 
made. 
Decree-Law No 383/91 of 9 October 1991 establishes the legal basis 
for preliminary vocational training, with the aim of ensuring a 
successful completion of the period of compulsory schooling and 
creating conditions for access to apprenticeships with qualified 
training. This fills a gap for young people dropping out from 
education without successfully completing compulsory schooling. 
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Decree-Law No 59/92 of 13 April 1992 provides for vocational 
information to be disseminated not Just via the relevant departments 
of the Institute of Employment and Vocational Training (EREFP) but 
also through other public, private and cooperative bodies, thus 
providing the maximum amount of information for choosing an 
occupât ion. 
The scheme for vocational qualifications based on training acquired 
on the labour market or in the course of occupational experience is 
a new feature of national legislation enshrined in Decree-Law 
No 95/92 of 23 May 1992. 
This Decree-Law set up a Joint Standing Committee under the 
Administrative Board of the Institute of Employment and Vocational 
Training, a tripartite body with the task of assisting the 
Government with the coordination of vocational training. 
To accompany this institutional framework for an effective training 
policy, Regulatory Decisions 86/92 and 87/92, both of 5 June 1992, 
established the legal basis for awarding grants for training at the 
worker's initiative and the creation of work experience units 
(UN IVA). 
The first of these decisions establishes an individual's right to 
training, while safeguarding the proper functioning of the company, 
and sets out the priorities to be observed in granting this right 
and the methods of funding it. 
As Just mentioned, regulatory Decision No 87/92 is concerned with 
the creation of work experience units with the aim of intensifying 
the link between training and working life. 
As regards continuing training, a statutory system was set up in 
1985 for technical and financial assistance from the IEFP for 
vocational training in cooperation with other public, private or 
cooperative bodies, with the aim of implementing specific activities 
or meeting ongoing needs in one or more economic sectors. 
Vocational training is currently expanding, particularly among the 
working population (continuing training). With the aim of improving 
workers' qualifications, the right to unpaid leave for a period of 
not less than 60 days to attend vocational training courses has been 
introduced. It can be refused only where permissible by law. 
With an eye to the principle of involving interested parties in the 
actual management of public-sector services and in accordance with 
the Agreement on Vocational Training Policy, legislation is 
currently being finalised for the setting up of tripartite 
consultative boards at the vocational training centres responsible 
for the direct management of the IEFP. 
Finally, there is vocational training integrated within the 
education system, the main provisions of which are set out in the 
Education System (Bases) Act and which, where initial training is 
concerned, distinguishes between technical vocational education and 
vocational schools. 
- 239 -
Lasting three years and open to young people who have completed nine 
years of schooling, technical vocational education leads to a 
secondary school-leaving diploma and a technical vocational training 
cert i f icate. 
In the vocational schools, which are open to young people with nine 
or six years of schooling, courses are split into modules of varying 
duration corresponding to progressively higher levels of education 
and vocational qualification and leading to a certificate of 
qualification at levels 1, 2 or 3 and a diploma equivalent to the 
10th, 11th or 12th years of the mainstream education system. 
A fact worth noting is that any foreign citizen resident in Portugal 
aspiring to enter the national labour market has access to 
vocational training. 
EQUAL TREATMENT FOR MEN AND WOMEN 
The principle of equality between men and women is enshrined in the 
Constitution. It is implemented by ordinary legislation 
guaranteeing, in particular, equal opportunities and treatment at 
work in both the private and public sectors. There is a tripartite 
Commission for Equality at Work and in Employment with the aim of 
promoting the application of this legislation. This Commission, 
which answers to the Minister of Employment and Social Security, 
performs various activities, including the analysis and processing 
of complaints submitted by trade unions and workers and providing 
information on, and raising awareness of, the issue in question. 
The Labour Inspectorate is responsible for monitoring compliance 
with the law. 
Workers or trade unions may bring proceedings before the competent 
courts in cases of discrimination. 
Also worth noting is the existence of a Commission for the Equality 
and Rights of Women, also under the Minister of Employment and 
Social Security, which has as its aim the defence of the equal 
rights and dignity of women and men at all levels of family, 
occupational, social, cultural, economic and political life. Among 
other things, this Commission has launched information and 
awareness-raising activities. 
Various positive measures in favour of women have been adopted to 
counter and offset discrimination through preferential treatment. 
In particular, they include increases in public assistance to 
enterprises employing or training women in traditionally male 
professions and to women starting up businesses or becoming self-
employed. Worth noting as well is the launching of the 'Bem-me-quer' 
(daisy) project, which aims to set up, in an initial phase, 
'information areas' in six local authorities with a view to i) 
helping women to identify their own personal and professional 
skills, to look for work or to set up their own businesses or 
cooperatives, and ii) promoting cooperation between partners at 
local and regional level in order to facilitate the reintegration of 
women into working life. 
- 240 -
In this connection, the agreement on vocational training policy also 
aims to step up measures concerned with the employment and the 
training of women with a view to facilitating their integration 
within the labour market. 
Also with a view to ensuring equal opportunities, national 
legislation provides for the sharing of family responsibilities by 
specifying that leave for looking after children may be taken by the 
father or the mother. Women thus have the right to maternity leave 
of 90 days, 60 of which must follow birth. Should the mother die 
during the period of leave after birth, the father is entitled to 
leave from work to care for the child for a period equal to that to 
which the mother would have been entitled but not less than ten 
days. If adopting a child less than three years of age, workers are 
entitled to 60 days leave to look after the child. 
In such situations, workers are entitled to an allowance equal to 
the average pay taken as the basis for calculating sickness 
allowance, if they are insured under the social security system, or 
to their pay if covered by the social protection scheme for the 
civil service. 
Workers are entitled to be absent from work up to 30 days a year to 
provide, in the event of sickness or accident, urgent and necessary 
care for their children, including adopted children or step­
children, less than ten years of age. If hospitalisation is 
necessary, the right to absence is extended to the period of 
hospitalisation required in the case of children less than ten years 
of age, but may not be claimed simultaneously by the father and the 
mother. In such cases, and where such absences are unpaid, the 
social security institutions will grant an allowance not exceeding 
the allowance payable if the worker falls sick him- or herself. This 
benefit is means-tested. 
A working father or mother is entitled to take six months off work, 
extendable to a maximum of two years, starting at the end of 
maternity leave, to take care of his or her child. This period of 
leave suspends the rights, duties and guarantees of both parties to 
the contract of employment, which are however reestablished when the 
leave ends. Such periods of leave are taken into account for 
calculating benefits due under the social protection schemes in the 
event of invalidity or old age. 
Workers with one or more children less than 12 years of age are 
entitled to work reduced or flexible hours. 
With the objective of ensuring equal opportunities, efforts have 
been made to create facilities and provide services for childcare 
and care of the aged. 
The constitutional principle mentioned above notwithstanding, the 
general social security system still contains an element of 
inequality where the minimum age of entitlement to old-age pension 
is concerned. Currently under study, however, are measures to make 
the age of entitlement to old-age pension more flexible in order to 
ensure equality between men and women. 
- 241 -
INFORMATION. CONSULTATION AND PARTICIPATION OF WORKERS 
The representative bodies exercising the rights of workers to 
information, consultation and participation are the workers' 
commissions. 
Workers are constitutionally guaranteed the right to establish 
workers' commissions to defend their interests and intervene 
democratically in the life of the enterprise. 
The workers' commissions have the right to: receive all the 
information necessary for the exercise of their activity; monitor 
the management of enterprises; intervene in the reorganisation of 
productive units; participate in the preparation of labour 
legislation and economic and social plans relating to the sector 
concerned; administer or participate in the administration of the 
social works of the enterprise; promote the election of worker 
representatives to the social bodies of enterprises belonging to the 
State or other public authorities in accordance with the law. 
The right of the workers' commissions to information covers: general 
operating and budgetary plans; internal regulations; organisation of 
production and its implications for the degree of utilisation of 
labour and equipment; the situation regarding supplies; forecasts of 
the volume and management of sales; personnel management; enterprise 
accounts; financing methods; burden of taxes and similar charges-, 
projected alterations to the registered capital and object of the 
enterprise and plans for changing the productive activity of the 
enterprise. 
The right to consultation takes the form of the obligation to be 
asked for an opinion before decisions are taken on the following: 
conclusion of restructuring contracts; liquidation of the enterprise 
or application for bankruptcy; closing of the establishment or 
production lines; any measures resulting in a significant cutback in 
the workforce or a substantial worsening of working conditions; 
establishment of the annual holiday programme; alteration of hours 
of work; modification of the criteria on which occupational 
classifications and promotions are based-, change in the location of 
the enterprise or business. 
The workers' commissions must also be consulted on individual and 
collective dismissals, suspension of the contract of employment or 
reduction in the normal working time and also on social accounts. 
Apart from some exceptions relating to activities in the public 
interest, the right of the workers' commissions to monitor 
management covers: the issuing of opinions on the enterprise's 
economic plans and budgets; the submission of recommendations or 
critical reports on the apprenticeship, retraining and advanced 
training of workers and on the improvement of living and working 
conditions and of health and safety; defending the interests of the 
workers before the management and supervisory bodies of the 
enterprise and the competent authorities. 
242 -
PROTECTION OF HEALTH AND SAFETY AT THE WORKPLACE 
Under the constitution, all workers are entitled to work in healthy 
and safe conditions. In accordance with this principle, the 
employer must provide the worker with good working conditions and 
ensure health, safety and the prevention of the risks of 
occupational illness and accidents. 
Current legislation in this area includes, in particular, the basic 
legislation specifying the conditions for the installation and 
operation of industrial establishments, commercial establishments, 
offices and services, including the civil service, and the general 
regulations governing health and safety in industrial 
establishments. 
Taken as a whole, the Community Directives contain more favourable 
provisions for the training and information of workers. 
The improvement of health and safety conditions at the workplace is 
an issue that has preoccupied the government and the social partners 
and is one of the aspects covered by the 1990 Economic and Social 
Agreement. As provided for in the latter, an agreement on hygiene, 
health and safety at work was signed on 30 July 1991 with the 
following main guiding principles: i) integration in the vocational 
preparation of minors of training on occupational risks and their 
prevention; ii) provision of workers throughout their working lives 
with information and training on occupational risks and their 
prevention; iii) promotion of qualified training for specialists in 
the field of hygiene, health and safety at work; iv) development of 
a knowledge of occupational risks and prevention techniques; v) 
creation of a body for the prevention of occupational risks with 
participation of the social partners; vi) encouragement of 
negotiation at sectoral and enterprise level on the creation of 
joint hygiene, health and safety committees in enterprises, 
establishments and agencies. 
As an integral part of this agreement, the Council of Ministers has 
approved Decree-Law 441/91 of 14 November 1991, setting out a 
framework for safety, hygiene and health at work, which implements 
in national legislation the requirements set out in various 
Community directives, in particular Directive 89/391/EEC, and ILO 
Convention 155. 
This legislation guarantees workers the right to work in safe, 
hygienic and healthy conditions. This calls for a policy for the 
prevention of occupational hazards based on: a definition of the 
technical conditions to be met by the physical components of work, 
the identification of the substances, agents or processes to be 
prohibited, restricted or subject to authorisation or control by the 
authorities, the promotion and monitoring of the health of workers 
and the stepping up of research in the field of safety, hygiene, and 
health at work. 
- 243 -
This legislation also entitles workers to up-to-date information on 
the risks to health and safety and on the measures and instructions 
to be followed in the event of grave danger. It lists the 
situations where workers have the right to such information. In 
addition, workers are also entitled to adequate and sufficient 
training in safety, hygiene and health. 
To ensure the implementation of all the obligations it contains, the 
legislation requires the employer to ensure the organisation, with 
the participation of the workforce, of activities in the field of 
safety, hygiene and health at work. 
Consultation of the workers or their representatives is compulsory 
on: i) hygiene and safety measures before they are put into effect; 
ii) measures that will have an impact on safety and health at work 
due to their effects or the technology employed; iii) the programme 
and organisation of training in the field of safety, hygiene and 
health at work. 
The workers or their representatives may submit proposals to 
minimise any occupational hazard. 
Currently being finalised is draft legislation establishing specific 
standards for groups of workers exposed to specific risks (young 
people and pregnant women): one item of legislation defines the 
rules for applying the above-mentioned Decree-Law to the civil 
service (referred to in paragraphs c) and d) of Article 23 of 
Decree-Law 441/91), while others adapt this Decree-Law to take 
account of the particular characteristics of activities in 
agriculture, fishing and the merchant navy. Pursuant to Decree-Law 
441/91, draft legislation is also being finalised relating to the 
obligation of the employer to ensure the organisation of activities 
concerning safety, hygiene and health at work by either internal or 
external services and legislation setting out the rules for the 
election of a worker representative for safety, hygiene and health 
at work. 
28 April 1992 saw the publication of Decree-Law 72/92 and Regulatory 
Decree 9/92 concerning the protection of workers against the risks 
of exposure to noise at work. 
Also worth noting in the agreement on safety, hygiene and health at 
work is the decision to create an Institute of Safety, Hygiene and 
Health, with the particular task of undertaking activities in the 
fields of applied research, the prevention of occupational hazards, 
training and information, either directly or by promoting projects 
to be carried out by public, private or cooperative bodies. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
The minimum legal working age is fixed at: i) 16 years from the 1st 
of January of the year following that when the first pupils have 
completed the nine-year period of compulsory schooling; ii) 15 years 
unt il this date. 
- 244 -
However, minors between the ages of 14 and 16 may, upon completion 
of compulsory schooling, perform light work not prejudicial to their 
health or physical and mental development. 
Minors of minimum working age who have not completed compulsory 
schooling may be employed only if they attend an educational 
establishment or take an apprenticeship or vocational training 
course that provides them with an equivalent educational 
qualification. In such cases, working hours may not be prejudicial 
to educational activities and permission for the young person to 
work must have been given by his or her legal guardians. 
Minor workers have additional guarantees to protect their health and 
education: a medical examination upon recruitment and subsequently 
every year; the prohibition of work impairing their physical, mental 
or moral development; the granting of unpaid leave to attend 
vocational training; and the right to part-time working when 
attending an educational establishment or apprenticeship or 
vocational training course providing them with qualifications 
equivalent to that of compulsory schooling, with entitlement to 
compensation for loss of pay. 
For workers less than 18 years of age, national legislation fixes a 
minimum guaranteed monthly wage 25% less than that for persons over 
18 years of age. The minimum monthly wage for trainees, apprentices 
or similar who are receiving practical training for a skilled or 
highly skilled occupation and are aged between 18 and 25 is 20% 
lower than the normal minimum guaranteed monthly wage for workers 
aged above 18 for the first two years or for the first year if they 
have completed a vocational technical course or appropriate 
vocational training. 
It must be stressed, however, that such reductions are without 
prejudice to the principle of equal pay for equal work. 
The law expressly calls for collective agreements to reduce, where 
possible, the maximum normal working time for workers under 18 years 
of age. In addition, student workers (regardless of age) are 
entitled to up to 6 hours off a week without loss of pay or any 
other benefit, if their school timetable so requires. 
As regards night work, workers under 18 years of age are not 
permitted to work at night in industrial establishments and may only 
do so In activities of a non-industr ial nature where this is 
considered essential for their vocational training. 
Young people aged between 16 and 18 may work nights in industrial 
establishments only in cases of force majeure that prevent the 
normal operation of the enterprise. 
Minors are not permitted to do overtime. 
- 245 -
ELDERLY PERSONS 
The elderly are entitled to a range of benefits including: reduced 
fares and telephone subscription charges; free entry to museums-, and 
exemption from tax on savings up to Esc 1 500 000. It is also not 
possible for a landlord to terminate the lease of anyone aged 65 or 
over or anyone who has been a tenant for at least 30 years. 
Persons who have reached retirement age but are not entitled to a 
pension under the general social security system may receive an old-
age pension under the non-contributory system, subject to a means 
test. 
As part of the progressive improvements to pensions, June 1990 saw 
the introduction of a further benefit for retired persons and 
pensioners., in addition to the 13th month's pension, payable each 
July and corresponding to the monthly amount of pension due. This 
measure directly increased purchasing power. 
The elderly now also have easier access to: social centres - social 
assistance with the participation of the elderly in social, 
recreational and occupational activities; day centres - social 
assistance provided through a variety of services such as social, 
recreational and occupational activities, nutrition, hygiene and 
personal care and laundry-, homes - collective residential assistance 
for old people unable to remain in their family or social 
environment, including accommodation, food, health, hygiene and 
personal care, and social, recreational and occupational activities; 
holiday camps - temporary social assistance, residential and non­
residential (taking the form of a range of social and recreational 
activities), with the aim of improving physical and mental health 
and ensuring social integration through bringing the elderly into 
contact with one another or with other age groups. 
Recent years have seen an increase in the provision of home care for 
the elderly, i.e. carrying out tasks they are no longer able to 
perform themselves. 
A new social policy measure was established in Decree-Law No 391/91 
of 10 October 1991, providing for the temporary or permanent 
integration of elderly persons or adult disabled persons within 
suitable families. The services provided are paid for by the guests 
themselves or their families where they have the financial resources 
or, if they do not, by the coordinating institution (regional social 
security centres, the Santa Casa Da Misericôrdia in Lisbon and 
private institutions in conjunction with the first-mentioned 
bodies). 
Medical assistance is provided, as mentioned above, by the national 
health system. 
In 1988, a National Commission for Old Age Policy was set up with 
the aim of developing an integrated policy for elderly persons. It 
has carried out and overseen innumerable activities, in particular 
research into ageing, the identification of high-risk situations, 
and awareness-raising and information campaigns on the problems of 
old age. 
- 246 -
DISABLED PERSONS 
The development of a policy for promoting the social and 
occupational integration of the disabled has prompted various 
programmes concerned with occupational rehabilitation. 
For example, vocational orientation and assessment programmes and 
occupational retraining and training programmes have been developed 
to create the conditions to enable the disabled to take proper 
vocational decisions and acquire occupational skills. 
With a view to facilitating access to employment on the normal 
labour market, technical and financial aids are granted to companies 
(compensation subsidies, subsidies for eliminating architectural 
obstacles, adapting workplaces and providing individual attention, 
integration and merit awards, tax concessions and a reduction of 50% 
in their social security contributions) and to disabled persons 
wishing to take up self-employed work (subsidy for setting up their 
own businesses). 
Technical and financial aids are available for setting up and 
running centres and "enclaves" for sheltered employment and 
occupational activities and for the setting up of occupational 
rehabilitation centres. 
These occupational rehabilitation programmes are accompanied by 
other measures intended to ease the full social integration of the 
disabled: 
provision of technical assistance in the health, educational, 
vocational training, employment and social fields; 
tax concessions for the integration of the disabled, in 
particular the importation of cars, tricycles and wheelchairs; 
income tax reductions; special loan facilities for home purchase 
or construction; 
technical recommendations for urban buildings and structures to 
improve the accessibility of establishments open to the public, 
the creation of reserved places on public transport and reserved 
parking spaces on public highways; 
personal assistance in public services for users with mobility 
problems or other disabilities and establishment of specific 
conditions for access, assistance and information/guidance in 
some museums and other places housing exhibitions or providing 
cultural and recreational activities. 
-2n -
SPAIN 
- 248 -
FREEDOM OF MOVEMENT 
The final date stipulated in Articles 55 to 60 of the Act of 
Accession of Spain to the European Communities for workers' 
freedom of movement and unrestricted right of residence in 
Spain to become effective was advanced to 31 December 1992 in 
respect of Luxembourg nationals and to 31 December 1991 in 
respect of nationals of other Member States by Council 
Regulation (EEC) No 2194/91 of 25 June 1991. There are thus no 
restrictions other than those deriving from considerations of 
public order, safety and health, except for Luxembourg 
nationals, to whom the rules for the transitional period 
continue to apply until 31 December 1992. 
As just indicated, under the terms of Council Regulation (EEC) 
No 2194/91 of 25 June 1991, the end of the transitional period 
has been brought forward by one year for most Member States and 
by three years for Luxembourg nationals. No prior authorisation 
is thus required in order to work in Spain, except for 
Luxembourg nationals, who remain subject until 31 December 1992 
to the special transitional regulations on work and residence 
permits for employed persons laid down in Chapter I I I of Royal 
Decree 1099/86 of 26 March on entry to and residence and work 
in Spain by nationals of EEC Member States, which was mentioned 
in the first Spanish report. 
In addition, a number of regulations have been issued in Spain 
to make free movement of workers effective as from 1 January 
1992 in pursuance of Regulation (EEC) No 1612/68: 
Instruction of 21 January 1992 of the Directorate-General of 
Migration and the Directorate-General of the National 
Employment Institute on the registration of foreign 
nationals at labour exchanges; 
- Circular of 22 January 1992 of the Directorate-General of 
the National Employment Institute harmonising the rules for 
employment protection in Spain and free movement of workers; 
Instruction of 22 January 1992 of the Central Treasury for 
Social Security on scheme membership and active contributor 
status of nationals of EEC Member States in the social 
security system. 
Finally, Royal Decree 766/92 of 26 June on entry to and 
residence in Spain by nationals of the Member States of the 
European Community rescinded Royal Decree 1099/86 of 26 May 
apart from the special transitional work and residence permit 
rules of Chapter III, which will continue to apply to 
Luxembourg nationals until 31 December 1992, as already 
mentioned. 
- 249 
Royal Decree 766/92 implements the Community rules in this area 
and lays down the administrative formalities for exercise of 
the rights of entry to and residence in Spain by nationals of 
the Member States of the European Communities. Article 4.2 
confers on nationals of EEC Member States the right to engage 
in any paid employment or self-employed activity under the same 
conditions as Spanish workers, without prejudice to the 
restriction with regard to employment in the public service 
stipulated in Article 48(4) of the EEC Treaty. 
3. The Community rules on family reunification apply subject to 
the restrictions arising from the transitional period with 
respect to Luxembourg nationals. 
In order to harmonise the rights of workers' families with 
those which the Directives of 28 June 1990 confer on the 
families of persons in the categories to which they relate, 
Royal Decree 766/92 of 26 June therefore grants the right to 
engage in self-employed work or paid employment to the worker's 
spouse and to sons and daughters less than 21 years of age or 
to sons and daughters over 21 if maintained by the worker, and 
to dependent relatives in the descending line (other than sons 
and daughters). 
The Order of 9 January 1991 on action programmes for social 
integration and vocational development of immigrants and their 
families referred to in the first Spanish report remains in 
force. 
Council Directive 89/48/EEC on a general system for the 
recognition of higher-education diplomas awarded on completion 
of professional education and training of at least three years' 
duration has been transposed into Spanish law by Royal Decree 
1665/91 of 25 October laying down the general system for 
recognition of such diplomas awarded in the EEC Member States. 
Frontier workers are covered by the pertinent Community rules, 
and specifically Article 8(1b) of Regulation (EEC) No 1612/68, 
which empowers the competent authority of the Member State of 
employment to issue frontier workers with a special permit 
which is valid for five years and automatically renewable. This 
provision is also contained in Royal Decree 766/92, of 26 June. 
EMPLOYMENT AND REMUNERATION 
As already stated in the first Spanish report, both the Spanish 
Constitution and the labour regulations recognise the right to 
work and to the free choice of profession or trade. Since 
Spanish workers and workers who are nationals of other EEC 
Member States are treated equally, the latter may pursue any 
profession or trade in Spain without restriction in this 
regard. 
- 250 -
Given that it is impossible or undesirable to apply certain 
general rules to minors, i.e. to workers between the ages of 16 
and 18, for various reasons, such as the fact that they have 
less physical strength, are less experienced and accustomed to 
work or have greater overall training needs, the Spanish labour 
regulations lay down special rules for this category. To this 
end, Article 6.2 of the Workers' Statute prohibits night work 
(between 10 p.m. and 6 a.m.) by persons under 18 years old and 
employment in activities or jobs which the Government, after 
consultation with the major trade-union organisations, declares 
to be unhygienic, arduous, noxious or prejudicial to health, 
vocational training or personal development. 
5. In the annual instrument stipulating the general minimum wage, 
a minimum wage for all occupations is also set for casual and 
temporary workers whose employment In a given firm does not 
exceed 120 days. This wage is a daily rate including the 
appropriate proportion of remuneration for Sundays and public 
holidays and of the two extraordinary payments which are the 
minimum entitlement of all workers. 
These wages set a standard of fair remuneration on the same 
basis irrespective of the working time and contract duration 
and without prejudice to wage rates agreed by collective 
negotiation, which must also comply with the principle of non­
discrimination. 
With regard to the immunity of the minimum wage from 
attachment, it should be noted that the law provides for 
attachment of earnings to ensure the payment of alimony to the 
spouse or children in accordance with a court ruling on 
divorce, separation or annulment of marriage, the amount to be 
attached being determined by the court in question. 
6. The national free public placement service may be used both by 
the unemployed and by workers in employment who wish 
information, guidance, vocational training or placement if they 
are out of work or wish to change to other work on different 
terms or of a different nature. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
7. One of the forms of employment other than open-ended full-time 
contracts mentioned in the first Spanish report - the temporary 
job creation contract - has recently been modified by Royal 
Decree-Law 1/92 of 3 April on Urgent Measures for Job Creation 
and Unemployment Protection. The minimum duration of such 
contracts was increased from six months to a year to ensure 
compatibility with changes in the unemployment protection 
arrangements. 
The same Royal Decree-Law introduced changes in "practical 
training" and temporary "training" contracts, rescinding the 
reduction in social security contributions which had applied to 
full-time contracts of this type, although the vocational 
- 251 -
training provided is still publicly funded and a subsidy is 
paid for permanent engagement of the worker by the employer, 
this being the best way of pursuing the ultimate aim of the 
training provided under these contracts. 
8. Article 38 of the Workers' Statute states that workers are 
entitled to at least 30 calendar days' paid holiday, which may 
be negotiated by agreement. The period will be determined by 
common consent of the employer and worker, or, if this is not 
possible, the provisions of the collective agreements will 
apply. The criteria to be satisfied are as follows. 
- By agreement with the workers' representatives, the employer 
may exclude the time of year when the undertaking is most 
busy from the holiday period and the holidays of all the 
workforce may be determined. They may be staggered, or the 
unit may be closed down completely. 
- When holidays are staggered, workers with family 
responsibilities have priority so that their holidays 
coincide with the school holidays. 
If there is disagreement between the parties, the competent 
judicial body determines the dates and its decision is 
final. 
9. In order to strengthen the policy of encouraging open-ended 
contracts, Royal Decree-Law 1/92 aligns all public incentives, 
other than those for placement of disabled workers, with 
respect to open-ended employment contracts for workers who 
belong to categories with particularly high rates of 
unemployment or who have been unemployed for particularly long 
periods, i.e. persons less than 25 years old who have been 
registered as unemployed for at least a year or unemployed 
persons aged between 25 and 29 if they have not previously 
worked for more than three months, workers over 45 years old 
who have been registered as unemployed for at least a year and 
women registered as unemployed for at least a year who are 
given contracts in professions or trades in which women are 
under-represented. 
These contracts must be full-time, for Jobs requiring work to 
be performed on all working days throughout the year, and must 
represent an increase on the permanent payroll of the previous 
calendar year. They must always be concluded in writing. 
SOCIAL PROTECTION 
10.1 As explained in the first Spanish report, the Spanish social 
security system rests on a basic distinction between 
- a public system, which is compulsory, and 
- voluntary supplementary protection. 
- 252 -
The public, compulsory system covers those pursuing occupations 
covered by the general scheme or one of the special schemes. 
With regard to the special schemes, Royal Decree 9/91 of 
11 January regulating social security, unemployment, wage 
guarantee fund and vocational training contributions for 1991 
deals not only with contributions as such but also with other 
questions such as changes in certain aspects of the pension 
arrangements contained in the special scheme for the self-
employed and stipulates that death and survivor benefits under 
this scheme shall be subject to the same terms and conditions 
as in the general scheme with respect to waiting times, 
beneficiaries, calculation bases and percentages. 
The Order of 16 January 1992 updating the rules for social 
security, unemployment, wage guarantee fund and vocational 
training contributions set the maximum and minimum contribution 
limits for 1992 as follows: the maximum contribution basis for 
the general scheme is 321 420 pesetas per month while the 
minimum limit for industrial injuries and occupational diseases 
cover is 65 670 pesetas per month for workers aged 18 or over 
and 43 350 pesetas for workers under 18. 
A Resolution on temporary incapacity for work was published on 
2 September 1991 by the Directorate-General of the Statutory 
Organisation and Associated Bodies of the Social Security 
System within the Ministry of Labour and Social Security, 
specifying starting dates for unfitness as a result of 
maternity. 
This Resolution delimits the concepts of temporary incapacity 
for work as a result of illness and a result of maternity and 
provides that a pregnant woman suffering from illness or 
impairment of health shall not take maternity leave. Such cases 
are to be treated as incapacity as a result of illness until 
the birth, at which point a new procedure is initiated for 
incapacity as a result of maternity. 
Royal Decree-Law 1/92 of 3 April on Urgent Measures for Job 
Creation and Unemployment Protection amended certain articles 
of Law 31/84 of 2 August on unemployment protection with a view 
to rationalising expenditure for this purpose and ensuring that 
the finances of this system remain balanced in future and that 
effective protect ion can be provided for unemployed persons who 
are actively seeking work. 
The new measures may be summed up as follows. 
- The minimum contribution period required for entitlement to 
the contributory benefit Is set at 12 months. 
- The scale relating contribution periods to the period for 
which benefit is paid is changed to place greater stress on 
affording protection in cases of temporary and involuntary 
unemployment. 
- The right to unemployment benefit or to non-contributory 
unemployment assistance lapses when the beneficiary refuses 
vocational training. 
- 253 -
- Unemployment assistance is made available to persons with 
the legal status of being unemployed who have no family 
commitments and have not contributed for a sufficient period 
to qualify for contributory benefit. 
Spain has ratified ILO Convention No 165 on Social Security for 
Seafarers. Among the other benefits mentioned in the 
International Instrument, Spain thus accepts the provisions on 
unemployment benefits and undertakes to implement the rules on 
the minimum level of benefits contained in Article 9. 
10.2 Law 22/91 of 28 June provided for an extraordinary 
appropriation of 65 000 million pesetas to finance non-
contributory cash benefits. 
As a general rule, unemployment assistance is 75% of the 
general minimum wage, and may be as much as 125% in certain 
cases depending on family commitments (special six-month 
allowance for persons over 45 years old), it is generally paid 
for six months and can be extended in six-month periods for a 
maximum of 18 months, while in specific circumstances payments 
may be made for between three and 36 months depending on 
contribution periods, family commitments and the age of the 
beneficiary. Persons over 52 years old may draw non-
contributory assistance for an indefinite period until they 
reach retirement age. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
11. In Spain, there is no impediment to the formation of 
professional or trade union organizations by employers and 
workers. Article 7 of the Spanish Constitution thus provides 
that trade unions and employers' associations may defend and 
promote the economic and social interests of their members and 
that they may be formed and may operate freely in conformity 
with the Constitution and law. Article 28.1 of the 
Constitution also affirms a general right to form and Join 
trade unions, subject to the restrictions or exceptions 
applying to the armed forces or institutions or to bodies 
subject to military discipline, while also stating that no one 
may be obliged to join a trade union. 
Similarly, Article 1 of Organic Law 11/85 of 2 August on Trade 
Union Freedom states that: "All workers have the right to form 
or join trade unions freely in order to promote and defend 
their economic and social interests, with the exception of 
members of the armed forces and armed institutions of a 
mi I i tary nature". 
Article 2b states: "Trade union freedom entails the worker's 
right to join a trade union, while no person may be obliged to 
join a trade union". 
Article 12 states: "Regulations, provisions of collective 
agreements, individual agreements and unilateral decisions by 
the employer which involve or imply any type of discrimination 
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in employment or working conditions, whether positive or 
negative, on the basis of membership or non-membership of a 
trade union, acceptance of trade union agreements or in general 
the pursuit of trade union activities shall be null and void". 
Any worker who considers the rights of free association to have 
been infringed by the employer may seek legal redress from the 
competent court by the process of Judicial protection of 
fundamental human rights and from the social courts by a 
procedure which is treated as urgent (Article 174 of the 
Codified Text of the Law on Labour Procedures). 
12. Freedom of collective bargaining is recognized by the Spanish 
Constitution, Article 37.1 of which provides that the law shall 
safeguard the right to engage in collective bargaining and the 
binding nature of the agreements, the latter deriving from the 
intention expressed by the contracting parties and appropriate 
registration according to the functional and territorial scope 
of the agreement. This scope determines whether the agreement 
in question applies to a sector or an undertaking, or at state, 
regional, interprovincial, district or local level. 
Article 3 of the Worker's Statute, relating to the basis of the 
employment relationship, states that: "The rights and 
obligations relating to the employment relationship are 
governed.... by collective agreements", while Article 82.2 and 
3 states that: "By means and within the scope of collective 
agreements, workers and employers shall determine working and 
productivity conditions and terms for settlement of any 
disputes, such agreements being binding on all employers and 
workers falling within their scope throughout the entire period 
for which they are valid". 
13. The right to strike is recognized in Article 28.2 of the 
Spanish Constitution and governed by the Royal Decree-Law on 
Labour Relations of 4 March 1977, insofar as it was not 
expressly declared unconstitutional by the judgment of the 
Constitutional Court of 8 April 1981. 
The contract of employment is suspended as a result of strike 
action only in the case of legal strikes (i.e. strikes carried 
out for reasons admissible under Article 11 of the Royal 
Decree-Law and in accordance with the procedure laid down 
therein). 
The following are illegal: 
- strikes called or prolonged for political reasons; 
- sympathy or secondary strikes; 
- strikes intended to change an existing collective agreement. 
In Spanish law, the following procedures exist for the 
settlement of collective labour disputes. 
a) Settlement between the parties: the parties to the dispute 
themselves resolve it directly by collective bargaining. 
- 255 
b) Settlement involving outside parties: the dispute is 
resolved through or with the assistance of a third party. 
This procedure may consist in: 
mediation and conciliation: in neither case has the 
third party any power of decision, the difference 
between the two being that a mediator proposes a 
solution while a conciliator does not; 
arbitration: the arbitrator proposes a solution which, 
if accepted by the two parties, has the same status as 
an agreement between them. 
If the parties cannot reach agreement, the Labour 
Authority refers the dispute to the Social Courts, which 
must deal with it as a matter of urgency and give a 
ruling within three days, indicating the appeal 
procedure. 
In Spanish law, conciliation, mediation and arbitration 
presuppose that the "disputes procedure", is set in motion 
as an alternative to strike action. This procedure is 
intended to be used both in conflicts of interest or 
substantive conflicts concerned with the changing of 
provisions of agreements or their replacement by others and 
in secondary conflicts over the application or 
interpretation of existing agreements. 
14. With regard to the civil service, the Law on Civil Service 
Reform of 2 August 1984 recognized civil servants' right to 
strike and described as very serious misconduct "any action 
intended to restrict the free exercise of the right to strike". 
Such action will result in one of the following disciplinary 
measures: 
- dismissal from the service: this may be decided only by the 
Council of Ministers on a proposal from the Minister of 
Public Administration; 
- suspension, for not more than six years nor less than three 
years-, 
- transfer and change of residence, no return to the original 
posting being permitted until three years have elapsed. 
In all three cases, a disciplinary procedure must first be 
followed and the civil servant responsible for the misconduct 
must be heard. 
Organic Law 2/86 of 13 March on the Armed and Security Forces 
forbids strike action by members of these forces. 
256 -
VOCATIONAL TRAINING 
15.1 Basic Law 51/1980 of 8 October on Employment. 
Royal Decree 1618/1990 of 14 December regulating the National 
Plan for Training and Integration into Employment. 
Organic Law 1/1990 of 3 October on the General Organization of 
the Educational System institutes a far-reaching reform of 
formal vocational training, which is the responsibility of the 
Ministry of Education and Science. Under the new arrangements, 
formal vocational training will comprise basic vocational 
training, to be received by ail secondary pupils, and 
specialised vocational training, to be organised in 
intermediate and higher-1 eve I cycles. Access to the 
intermediate level will be conditional on completion of 
elementary education and hence on possession of the certificate 
of secondary education. 
15.2 As from 1 January 1992, all discriminatory rules have been 
annulled with respect to Community workers and freedom of 
movement for workers has become fully effective. As a result, 
workers from EEC Member States are entitled to benefit from the 
National Plan for Training and Integration into Employment (FIP 
Plan) on the same basis as Spanish workers. 
15.3 The programme for employment training of the workforce, within 
the FIP Plan, provides for the National Employment Institute, 
its Approved Centres and employers, on the basis of cooperation 
agreements concluded with individual employers or with employer 
or trade union organizations, to develop courses providing 
continuing training for the workforce at all levels to help it 
adjust to occupational changes resulting from the introduction 
of new production technologies or new management methods. 
15.4 All these bodies, and also employers whose workers take part in 
any of the activities under the training programme in question, 
are required to inform the legal representatives of the 
workforce of the programme content. 
The Spanish government attaches great importance to continuing 
training of workers in employment. This is regarded as a joint 
responsibility of the employers and unions and is a subject for 
negotiation, as part of the social dialogue, between the 
government and the two sides of industry. 
The main objective of the Round Table is to reach a National 
Agreement on continuing vocational training by employers. Such 
an agreement is necessary to promote in-service training as a 
vital contribution to the competitiveness of the Spanish 
economy and to ensure greater flexibility and decentralisation 
of such training. 
U 
- 257 -
EQUAL TREATMENT FOR MEN AND WOMEN 
16.1 Article 14 of the Spanish Constitution of 1978 recognizes the 
equality of men and women before the law, while Article 35.1 
forbids discrimination in employment. Since the promulgation 
of the Constitution, legislative and institutional action has 
been taken to give effect to the principle of equal treatment. 
Article 17 of the Workers' Statute thus declares null and void 
regulations, provisions of collective agreements, individual 
agreements and unilateral decisions by the employer which 
involve negative discrimination on grounds of sex or negative 
or positive discrimination with regard to employment. In order 
to safeguard the principle of equal treatment in access to 
employment, Law 8/88 on Social Offences and Penalties provides 
that it shall be a very serious offence to stipulate 
conditions, by advertising, Job offers or any other means, 
which constitute negative discrimination on grounds of sex as 
regards access to employment. 
With regard to the burden of proof in cases involving alleged 
discrimination on sex grounds, Article 96 of the Codified Text 
of the Law on Labour Procedures, approved by Legislative Royal 
Decree 521/90 of 27 April, requires the defendant to provide 
objective, reasonable and adequately proven Justification for 
the measures taken and their fairness. 
Much of the institutional action has been taken as part of the 
Action Plan for Equality of Opportunity for Women approved by 
the Spanish government in September 1987. 
16-2 As part of the public programme to promote open-ended 
employment contracts, Royal Decree-Law 1/92 of 3 April on 
Urgent Measures for Job Creation and Unemployment Protection 
provides for wage subsidies where such contracts are concluded 
with women who have been registered as unemployed for at least 
a year or who are entering professions or trades in which women 
are under-represented. 
A new subsidy has also been introduced as an incentive to the 
conclusion of open-ended contracts with unemployed women over 
25 years old who have previously been in employment and wish to 
return to work after an interruption of at least five years 
provided the employer is not obliged to reinstate the worker by 
virtue of statutory requirements or collective agreements. 
With regard to access to employment, Spain's denunciation of 
Article 8.4.b) of the European Social Charter, which prohibits 
employment of women in underground mine workings and in all 
other work which is unsuitable for women because of its 
dangerous, arduous or unhealthy nature, took effect as from 
5 June 1991. 
At the same time, Spain denounced ILO Convention No 89 
concerning night work of women employed in industry. This 
denunciation will take effect as from 27 February 1993. 
- 258 
Royal Decree 1618/90 of 14 December on the National Plan for 
Training and Integration into Employment provides for a 
programme of specific priority action on vocational training, 
placement and guidance for the most disadvantaged groups in the 
labour market, i.e. those with no formal qualifications and 
those who are under-skilled. 
To this end, and in order to ensure equality between men and 
women as recognised in both the Constitution and ordinary 
legislation, underskiI led women are treated as a priority 
category within the employment training programmes which are 
geared towards women. 
Since women are regarded as a group which has particularly 
difficulty in gaining access to the labour market, the Royal 
Decree sets out an employment training programme to provide 
training for women wishing to return to work in those 
activities in which they are under-represented or to facilitate 
placement of women with family commitments who encounter 
particular difficulties in finding work. 
Practical action to promote training consists of courses run by 
the National Employment Institute (INEM) in collaboration with 
the Institute for Women's Issues or with the employers' 
associations concerned. These target women over 25 years of age 
who are seeking to return to work after an absence of at least 
five years since the end of their previous employment contract. 
Similarly, the National Employment Institute, in collaboration 
with other bodies as appropriate, will run courses for 
unemployed women in order to promote their entry or reentry to 
those sectors, activities or occupations in which women are 
under-represented. 
This action to ensure equality between men and women with 
respect to vocational training is reflected in the steady 
increase in women's attendance at vocational training courses 
from 1984 onwards. While women accounted for 29.4% of 
attendance in 1984, they represented 51.8% in 1991. 
Analysis of the number of persons trained as a function of the 
working population shows that in 1991 the ratio in terms of the 
number of trainees obtaining a positive assessment was 15.51 
for men and 30.21 for women. This represents an increase of 
26.1 percentage points for women and 11.4% for men as compared 
with the figures for 1985. 
The number of women trained per thousand unemployed also 
increased in 1991, showing that women are playing a greater 
part in economic activity, having obtained suitable skills by 
means of employment training courses. 
If course attendance is analysed in terms of occupational 
category and sex, it is apparent in 1991 the proportion of 
women trained in "typically female" skills (beauty care, 
- 259 
craftwork etc.) has declined and that there is a more even 
spread of men and women over the various courses. 
In the field of social protection, Royal Decree 1670/90 of 
28 December raising social security pensions and other public 
welfare benefits for 1991 includes a provision to abolish sex-
based differences in temporary benefits paid to survivors in 
connection with disability or retirement pensions. 
Finally, mention should be made of the institutional action 
taken by the Institute for Women's Issues since completion of 
the first Action Plan for Equality of Opportunity. 
These activities were chosen in a Community context and in the 
light of practical conditions in Spain and focused on specific 
areas: employment and training, education, health, social 
services and cooperation both on a territorial basis and with 
various associations. Comprehensive support was also provided 
for groups of women who are subject to marginalisation or whose 
circumstances are such that it is difficult for them to benefit 
from the overall arrangements made for women in general. 
16.3 Law 3/89 of 3 March extending maternity leave to 16 weeks 
provides that adoption of children less than five years old 
shall be regarded as equivalent to maternity. The maximum 
duration of leave is set at six to eight weeks depending on the 
age of the child adopted, and it may be taken by either the 
father or the mother if both work. Maternity benefits under 
the social security system are also available if the 
requirements for entitlement are met. 
The Law also provides for part of parental leave (up to four of 
the last weeks) to be taken by the father if the mother so 
requests and if her health will not be at risk if she returns 
to work. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
17. For companies established in Spain, the right of workers or 
their representatives to information and consultation is 
enshrined in Spanish labour legislation and in particular in 
Article 64 of the Workers' Statute, together with Article 62.2 
of the same instrument and Organic Law 11/85 of 2 August on 
Trade Union Freedom. 
18. Under the terms of the Workers' Statute, the Works Council has 
the following prerogatives: (1) to receive information at least 
every three months on the general trends in the economic sector 
to which the undertaking belongs and on the unit's production 
and sales, production programme and employment prospects; (2) 
to be acquainted with the balance sheet, the profit and loss 
account, the annual report and with the same documentation, 
under the same conditions, as the shareholders or partners if 
- 260 -
the firm is in the legal form of a joint stock company or a 
partnership; (3) to issue reports prior to action by the 
employer on the latter's decisions with regard to restructuring 
of the workforce and total or partial layoffs or redundancies, 
short-time working and total or partial transfer of plant, the 
undertaking's vocational training plans, the introduction or 
alteration of work organization and control sytems, time 
studies, systems establishment and job evaluation; (4) to issue 
reports when mergers, takeovers or changes in the legal status 
of the undertaking are liable to affect employment. 
In addition, the Works Council is responsible for: 
- monitoring compliance with the labour, social security and 
employment regulations; 
- monitoring safety and industrial hygiene in the undertaking; 
- assisting in the management of the undertaking as provided 
for in collective agreements; 
- participating in the management of welfare facilities 
provided by the undertaking for its workers or their 
famiI les. 
Article 10.3 of the Organic Law on Trade Union Freedom provides 
that trade union representatives who are not members of the 
Works Council shall enjoy the same guarantees as are established 
by law for the members of the Works Council, together with the 
fol lowing rights: 
- to have access to the same information and documentation as 
the employer makes available to the Works Council; 
- to be present at the meetings of the Works Council and the 
internal health and safety bodies established by the 
employer; 
- to be consulted by the employer in advance on any collective 
measures affecting the workers in general and in particular 
on dismissals and disciplinary measures. 
The branches of the major trade unions and the unions 
represented on the Works Council are entitled to engage in 
collective bargaining in accordance with the pertinent 
legislation. 
The right of the representatives of the workforce in an 
undertaking to receive information was recognized in the 
Workers' Statute and has been strengthened by Law 2/1991 of 7 
January with regard to employment contracts, the employer being 
required, inter alia, to provide the workers' representatives 
within the undertaking with an outline copy of all contracts 
which must be concluded in writing. 
Title V "Participation and representation" of this bill provides 
that: "Workers shall have the right to participate in matters 
relevant to the protection of their health and physical well-
being at work through their representatives and the specialist 
internal bodies provided for in this Title". 
It further states that: "The bodies representing the workforce 
and trade union representatives shall, in accordance with the 
Workers' Statute and the Organic Law on Trade Union Freedom, 
monitor compliance with the rules on safety, hygiene and working 
- 2feO Wo-
conditions, and take any necessary legal action in relation to 
the employer and the competent authorities and courts on behalf 
of the workforce. To this end, they shall be assisted by the 
safety representatives, who shall make available to them all 
information to which they obtain access in the performance of 
their duties." 
Finally, Law 21/1991 of 17 June set up an Economic and Social 
Council to strengthen participation by those concerned in 
economic and social affairs. The Council will include 
representative trade unions and employer organizations and other 
organizations or social forces representing various interests 
(agriculture, shipping and fisheries, consumers and users). It 
will serve as a forum for consultation on the government's 
prescriptive action in the socio-economic and employment fields 
- in which case its role will consist basically in issuing 
reports and opinions of a mandatory or optional nature as 
appropriate - or will express views on its own initiative, since 
it has wide powers of autonomous action and organization which 
ensure its independence. 
Workers' representatives have the same rights to information and 
participation with regard to frontier workers as for other 
workers with respect to employment measures or policies which 
may affect working conditions. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
19. In addition to the safety and health directives in course of 
transposition, mention should be made of Directive 90/269/EEC 
on manual handling of loads where there is a risk of back 
injury. 
Transposai of this Directive will not involve major changes in 
Spanish regulations, since Spain has ratified ILO Convention 
No 127 of 1967 concerning the maximum permissible weight to be 
carried by one worker. This Convention applies directly since 
it forms part of Spanish national law under the terms of 

- 261 -
Article 96.1 of the Spanish Constitution, which provides that: 
"international treaties which have been validly concluded shall 
form part of national law once they have been officially 
pub Iished in Spain". 
PROTECTION OF CHILDREN AND ADOLESCENTS 
20. Articles 6 and 7 of the Workers' Statute provide that the 
minimum employment age shall be 16 years, except that persons 
less than 16 years old may work in the entertainment industry. 
Such work must be specified and authorised in writing by the 
labour authority and must not put at risk the minor's physical 
health, vocational training or personal development. 
21. Under the terms of Royal Decree 3/92 of 10 January, the general 
minimum wage for workers less than 18 years old is 1 239 
pesetas per day or 37 170 pesetas per month, depending on 
whether the wage is set as a daily or monthly rate. 
This minimum wage includes payment in cash and in kind and 
relates to the legal working day in each activity. Daily rates 
do not include proportional payment for Sundays and public 
holidays. If a shorter day is worked, payment is on a pro rata 
basis. 
The following are additional to the minimum wage indicated 
above : 
length-of-service allowance; 
- payments made at intervals greater than one month such as 
extraordinary payments or participation in profits; 
- travelling distance and public transport allowances; 
- guaranteed bonus and incentive payments over and above the 
t ime-related wage. 
22. Royal Decree-Law 1/92 of 3 April on Urgent Measures for Job 
Creation and Unemployment Protection provides incentives for 
the conclusion of open-ended contracts with persons less than 
25 years old who have been registered as unemployed for at 
least a year and gives the same status to persons between 25 
and 29 years old who have not previously worked for more than 
three months. 
In connection with temporary "practical training" and 
"training" contracts, the Royal Decree-Law provides for a 
subsidy to be paid for permanent engagement of the worker by 
the employer, this being the best way of pursuing the ultimate 
aim of the training provided under these contracts. 
23. The National Plan for Training and Integration into Employment 
includes the following programmes for young persons; 
- 262 -
1. training support guarantee programme for young persons with 
training contracts; 
2. employment training programme for unemployed persons under 
25 years old; 
3. work experience programme for persons under 25 years old 
following employment training courses; 
4. compensatory training programme for persons under 16 years 
old; 
5. work experience programme for persons in second-1 eve I 
vocational training, experimental modules and higher 
educat ion; 
6. employment training programmes during military service. 
THE ELDERLY 
24. The general social security scheme and the various special 
schemes provide old-age benefits, including a retirement 
pension which in turn confers the right to medical assistance. 
Under the terms of Regulations (EEC) No 1408/71 and 574/72 on 
social security matters, nationals of other Community countries 
are entitled to this benefit on the same basis as Spanish 
nat ionals. 
Generally speaking, the requirements for entitlement to the 
retirement pension are as follows: 
- the person concerned must be 65 years old; 
- he or she must be credited with a minimum contribution 
period of 15 years, two of which must be among the last 
eight years preceding retirement. 
25. The social security system provides the following social 
assistance and social services for retired persons or 
pensioners. 
Old people's homes 
These are centres which provide comprehensive care and 
permanent accommodation for persons over 60 years old who 
cannot live at home because of their family, social or economic 
circumstances. The inmates of these homes receive medical and 
psychological attention and participate in the running of the 
establishment through the General Assembly and the Management 
Board. On 31 December 1991 there were 117 homes in Spain, which 
belonged to the social security or were run Jointly with other 
institutions. The number of places was 18 880. 
Day centres and clubs 
These are public centres used to promote social contacts among 
the senior citizens of a town, quarter or district. The 
services they provide include information, catering, chiropody, 
- 263 -
preventive health care, cultural, recreational and other 
leisure and social activities. The total membership of such 
centres was 1 228 505 on 31 December 1991. 
Assistance in the home 
The service consists of various forms of social, domestic and 
personal basic care and attention with the aim of enabling 
elderly people to live an independent life and remain in the 
social environment to which they are accustomed. It is intended 
to prevent critical personal and social situations such as 
severe physical and mental deterioration, loneliness and the 
risk of accidents in the home, to improve the quality of life 
and to offer alternatives to residence in an old people's home. 
Hoiidays 
This programme provides cut-price two-week holidays for the 
elderly in places of touristic interest and warm climate. The 
objectives are to contribute to the we I I being of elderly 
persons by providing them with a change of scene and enabling 
them to make fuller use of their leisure, and to maintain or 
create employment in the tourist industry by boosting low-
season occupancy rates, in 1991, over 72 038 persons benefited 
from this programme. 
Health care 
Elderly persons are entitled to health care under the national 
health system as social security pensioners, whether on a 
contributory or non-contributory basis. Health care is provided 
in social security surgeries (general 
practitioner/paediatrician and medical- technical assistant), 
in outpatients' departments (specialist doctors) and in 
hospitals in cases of emergency and for surgical operations and 
special treatment. 
Assistance tailored to individual circumstances is provided by 
using the elderly person's health record card to coordinate 
medical assistance and assistance by the social services. 
Subsidised thermal cures 
This programme provides elderly persons with treatment in 
thermal establishments, including preparatory medical 
examination, spa treatment as such, medical monitoring of the 
treatment and leisure activities. The periods of treatment last 
two weeks and are conditional on a prior medical prescription. 
In 1991 over 36 000 persons benefited from this programme. 
- 264 -
DISABLED PERSONS 
26 OCCUPATIONAL INTEGRATION 
The Ministry of Social Affairs, through INSERSO, has a network 
of centres and services for vocational guidance and employment 
training of disabled persons. The facilities are described 
be Iow. 
Vocational guidance in INSERSO Basic Centres 
The functions of INSERSO Basic Centres include providing advice 
on the most suitable work for the type of disability concerned. 
Employment training organised by INSERSO 
European Social Fund 
in 1991, INSERSO organised 168 employment training courses for 
the disabled, which were co-funded by the European Social Fund. 
These courses were attended by 2 127 disabled persons and their 
total cost was 615 655 000 pesetas. 
Employment training organised and financed by INSERSO 
In 1991, INSERSO provided full funding for 16 employment 
training courses attended by 204 persons. The total cost was 
25 868 332 pesetas. 
INSERSO Rehabilitation Centres for the Physically Disabled 
These centres are state facilities providing a range of medico-
functional, psycho-social and vocational training services for 
the rehabilitation of persons of working age who suffer from 
physical or sensory handicaps. These services are offered on a 
residential, semi-residential or day care basis according to 
the personal circumstances and requirements and interests of 
the person concerned. 
INSERSO has four centres of its own with a total of 490 places. 
INSERSO Occupational Centres 
The aim of these centres is the vocational and social 
rehabilitation of persons suffering incapacity which 
temporarily or permanently renders them unsuitable for a 
Special Employment Centre or open employment. The 
rehabilitation process involves work under conditions as close 
as possible to those in any other place of work but on a non­
profit-making basis and with the special treatment required by 
the disabiIity. 
- 265 -
INSERSO has seven centres of this type, with a total of 611 
places. 
Occupational Centres run by non-profit private bodies 
Under the terms of Royal Decree 2274/85 of 4 December and the 
Order of 23 July 1986, INSERSO manages the register of 
Occupational Centres run by non-profit private bodies. This 
register lists establishments which aim to provide occupational 
therapy and personal and social adjustment for the disabled 
when the degree of invalidity is such that they are not 
suitable for open employment or for a Special Employment 
Centre. 
In accordance with the instruments quoted, seven Occupational 
Centres were entered in the register in 1991. 
On 31 December 1991, 154 Occupational Centres were listed in 
the register. In 1991, INSERSO provided funding of 168 179 500 
pesetas for 767 places in 47 centres. 
Vocational training provided by other institutions 
In practice, many more facilities are available for the 
vocational training and employment of disabled persons in Spain 
and the number of persons benefiting from these arrangements is 
much greater. Mention should therefore also be made of the 
activities of at least the following institutions. 
- Ministry of Education and Science: formal vocational 
training and training associated with special education. 
- National Employment Institute: register of unemployed 
disabled workers, control of their employment, Special 
Employment Centres and vocational training courses organised 
within the FIP Plan which are normally attended by 
handicapped persons. 
- Autonomous Regions: maintenance of vocational and employment 
training centres and related matters. 
- Local authorities, especially those with over 20 000 
inhabitants: responsibility for establishing and maintaining 
employment training and similar centres. 
- Employers' accident insurance associations: vocational 
rehabilitation and resettlement of workers who have suffered 
accidents. 
SOCIAL INTEGRATION 
Ergonomics 
Employers may receive a subsidy for adapting workstations to 
the requirements of specific disabled persons and for providing 
means of personal protection for workers. 
- 266 -
AccessibiIity 
With a view to promoting greater independence for the 
handicapped, there are standards for eliminating architectural 
obstacles in new and existing public buildings and buildings 
used by the pub Iic. 
Mob i11ty 
Action to enhance the mobility of the disabled is regulated by 
rules of varying status and scope. 
Fiscal provisions 
In the 1991 income tax return for physical persons, disabled 
persons legally recognised as such will be able to offset 
miscellaneous costs and costs for travelling to work against 
10% of total income as compared with 2% for other taxpayers. 
Financial assistance is also provided for the purchase of 
wheelchairs and for modifications to motor cars to meet the 
requirements of disabled persons. When such a person purchases 
a car for his or her personal use, the value added tax payable 
is 12% of the car's value, as compared with 33% for non-
handicapped citizens. 
Means of transport 
Various public enterprises have begun to modify trains (RENFE 
and Ferrocarriles Vascos), urban buses and long-distance 
coaches to accommodate wheelchair users. The national airline 
IBERIA has a manual for wheelchair users to ensure satisfactory 
transfer between terminals and aircraft. 
Housing 
3% of subsidised housing is reserved for the disabled, the 
design being such as to facilitate access, the pursuit of 
normal activities and integration into the community. 
To support the activities mentioned under the last five 
headings in this report, the Ministry of Social Affairs has a 
National Centre for Personal Independence and Technical Aids 
run by INSERSO. This centre provides technical advice on day-
to-day activities, accessibility, accommodation and adaptation 
of housing, mobility and transport and integration in social 
and work ing Iife. 
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IMPLEMENTATION OF THE CHARTER 
27. In its rôle as the body responsible for enforcing and 
monitoring the implementation of social legislation, the 
Inspectorate for Employment and Social Security has carried out 
the activities summarised in the attached table of operations 
at national level in 1990 and 1991. 
With regard to implementation by means of international 
treaties of the rights set out in the Charter, Spain ratified 
ILO Convention No 165 concerning the Social Security of 
Seafarers, 1987 (revised), by means of the ratification 
instrument of 2 July 1991. 

-26 8 _ 
NATIONAL TOTAL 
NUMBER 
OF OPERATIONS 
AREA OF ACTIVITY 1990 1991<*) 
1. EMPLOYMENT 
1.1 Employment inspection 548 825 559 513 
1.2 Employment regulation: 
- Annulment of contracts 4 958 4 889 
- Suspension - Reduction of 
contracts 1 586 3 058 
1.3 Emigration 105 117 
1.4 Foreign workers 6 462 10 264 
TOTAL 561 936 577 841 
2. SOCIAL SECURITY 
2.1 Registration, membership, 
active status, contributions 603 095 664 059 
2.2 Benefits 29 054 15 241 
2.3 Competent institutions and 379 292 
bod i es 
2.4 Other activities 52 660 73 950 
TOTAL 685 188 753 542 
3. LABOUR RELATIONS 
3.1 Job classification 5 731 5 738 
3.2 Incentives and methods 
of work 1 612 1 329 
3.3 Working day, hours of work, 
rest periods etc... 12 026 11 248 
3.4 Minors 698 880 
3.5 Wages 13 143 14 536 
3.6 Labour conflicts 1 978 1 617 
3.7 Lock-outs 392 494 
3.8 Strikes 1 075 1 142 
3.9 Changes in working 
conditions 6 210 6 122 
3.10 Other activities 29 207 45 053 
TOTAL 72 072 88 159 
(*) Provisional data 
-~'2&% ÇA^O -, 
NUMBER 
OF OPERATIONS 
AREA OF ACTIVITIES 1990 1991<*) 
4. SAFETY AND HEALTH 
4.1 Reports on opening of 
establishments 26 139 26 411 
4.2 Accidents at work 
(fatal, very serious, serious, 
involving minors) 17 365 15 543 
4.3 Accidents at work (other 
reports) 8 676 10 613 
4.4 Occupational illnesses 632 710 
4.5 Safety and health 118 958 135 667 
TOTAL 171 770 188 944 
5. MISCELLANEOUS ACTIVITIES OR 
ACTIVITIES COVERING MORE THAN 
ONE CATEGORY 
5.1 Consultancy and advisory 24 044 11 569 
act ivit ies 
5.2 Cooperatives and worker-
owned limited companies 955 559 
5.3 Discharges and disputed 
decisions 63 540 61 826 
5.4 Official complaints 1 786 1 435 
5.5 Checking of labour 
inspectors' reports 351 476 372 236 
5.6 Identification of goods 1 103 1 084 
5.7 Miscellaneous notices 15 604 19 238 
5.8 Cautions 5 602 3 761 
5.9 Other reports 42 961 15 273 
TOTAL 507 071 486 981 
GRANDTOTAL 1 998 037 2 095 467 
(*) Provisional data 
- 26 3 -
UN I T ED KINGDOM 
- 270 -
THE LABOUR MARKET 
Introduct ion 
The workforce of 1992 is very different from that of 10 years ago. 
The 1980's saw greater changes in the structures and patterns of 
employment than had been seen in the previous two decades. New jobs 
have created the need for new skills. Varied and flexible working 
arrangements have expanded. A new emphasis of the role and 
importance of the individual employee has emerged. Looking ahead, 
the 1990's promise to be a decade of unprecedented international 
competition, but also one of new opportunities. Continuing 
technological change, inward investment and increased competition 
will put a premium on the skills, adaptability and flexibility of 
the workforce. 
Changes in the UK labour market 
1) Employment growth 
The UK saw rapid employment growth in the 1980's. Between June 1979 
and June 1990 the UK workforce in employment rose by 1.6 million to 
26.9 million, an all-time high. 
2) Changing patterns of employment 
New patterns of employment have evolved. There has been substantial 
growth in part-time and other flexible forms of work. Over a 
quarter of all jobs are part-time. Evidence suggests that people 
entering these jobs do so from choice rather than lack of 
opportunity; One in eight of the workforce in employment is now 
self-employed, compared with one in 13 in 1979. 
3) Changing industrial structure 
The last decade saw a decline in manufacturing jobs in most 
industrialised countries. In the UK this was accompanied by an 
increase in the proportion of employees in the service sector, from 
58% in June 1979 to 71% of all employees in employment in the latest 
figures. This sector now accounts for 66% of all employment, 
including self-employment, compared with 60% in 1979. There has 
also been strong growth in the creation of new businesses. 
4) Changing occupâtionaI structure 
Equally significant have been changes in the occupational structure 
of employment. Managerial and professional occupations now account 
for a third of all workers compared with a quarter in 1979. Only 
45% of workers are in manual occupations now, compared with 52% in 
1979. 
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5) More women In employment 
The number of women in work in has grown, and is likely to grow 
further. The female workforce in employment stood at Just over 10 
million in 1979. It is now almost 11.5 million. Women currently 
account for 44% of the workforce. The UK alone in the EC has an 
unemployment rate for women lower than that for men. These changes 
reflect increased demand from women for jobs and the growth in the 
types of Job opportunities that women have been looking for, 
particularly those with flexible working arrangements. 
The UK approach to employment affairs 
The UK Governement's labour market policies reflect the important 
changes in the labour market during the 1980's and look forward to 
the key challenges of greater international competition and 
technological and demographic changes in the 1990's and beyond. 
They are designed to create an efficient, decentralised and flexible 
labour market which encourages employment growth and promotes choice 
and opportunity. 
In the UK Governement's view, labour markets work most efficiently 
with the minimum of Government intervention. Policies have been 
directed at removing hindrances to the free operation of markets and 
to balancing the needs of employer and employee. Unnecessary 
regulations have been removed, thereby lessening the burden of 
Government on business, and it has been made easier to start up a 
new business. 
The UK believes that terms and conditions of employment are best 
determined by employers and employees; they are in the best position 
to judge what is appropriate, taking account of the circumstances of 
their particular firm in the labour market. 
The UK is not, however, opposed in principle to all regulation of 
the labour market; legislation is sometimes necessary to ensure 
effective operation of the market, to protect particularly 
vulnerable groups or to achieve a fundamental principle of public 
policy, for example to combat discrimination. In the UK there is 
therefore comprehensive legislation on such matters as health and 
safety, equal opportunities, maternity rights, unfair dismissal and 
redundancy payments. However, legislation should be confined to the 
minimum necessary consistent with establishing a balance between the 
needs of employers and employees. 
The following sections outline UK employment and social policies. 
Many of the legislative provisions described satisfy or implement 
existing Community Directives. 
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THE FRAMEWORK OF EMPLOYMENT PROTECTION 
There is a comprehensive package of employment protection 
legislation for workers in the UK. 
All employees are covered by legislation dealing with a number of 
important employment rights. These include equal pay, protection 
against discrimination on grounds of sex, race or trade union 
membership or non-membership, protection against the employer's 
insolvency and the right not to suffer unlawful deductions from pay. 
in addition, most employees qualify for other legal rights, such as 
a redundancy payment, redress against unfair dismissal and the right 
to return to work after having a baby. 
In brief, the main individual rights are as follows: 
written statement of main terms and conditions, 
right to receive an itemized pay statement, 
right to minimum period of notice, 
right not to be unfairly dismissed, 
right to written statement of reasons for dismissal, 
right not to be discriminated against on grounds of race, sex, 
marital status, or grounds of membership or non-membership of a 
trade union, 
time off for public duties, 
right to compensation if made redundant, 
time off (for employees who are being made redundant) to look 
for work or make arrangements for training, 
maternity rights, including the right not to be unreasonably 
refused paid time off for ante-natal care; right not to be 
dismissed because of pregnancy or for a reason connected with 
pregnancy; right to return to work after having a baby, 
protection against unlawful deductions from wages, 
right to remuneration on suspension on medical grounds. 
Means of redress 
Workers who believe their rights have been infringed can get free 
advice from the independent Advisory, Conciliation and Arbitration 
Service (ACAS), from Citizens Advice Bureaux, and from law centres. 
Complaints may generally be pursued through the industrial tribunal 
system. 
Industrial tribunals are independent judicial bodies which were set 
up to provide a speedy, informal and inexpensive method of resolving 
disputes between employers and employees. Their procedures have 
been framed with the objective of making it unnecessary for the 
parties to be legally represented. 
In most cases an industrial tribunal will make an award of financial 
compensation to a successful complainant; depending on the 
jurisdiction under which the complaint has been made, the tribunal 
may alternatively make an order for re-employment or a declaration 
of the rights of the parties. 
- 273 -
There is a right of appeal against tribunal decisions on a point of 
law, first to the Employment Appeal Tribunal and then to the Court 
of Appeal and the House of Lords. 
Protection in cases of redundancy and insolvency 
The UK believes that all employees are entitled to effective social 
protection in the event of redundancy or the employer's insolvency. 
The UK arrangements go well beyond the scope of the EC directives on 
insolvency and collective redundancies: 
* Most employees have a statutory right to compensation, based on 
earnings and length of service, if they become redundant. 
* Recognised trade union representatives must be consulted about 
prospective redundancies and business transfers-, and employers 
must inform the Government in advance about large redundancies. 
* A comprehensive package of measures is available to redundant 
workers to help them back into employment. 
* UK law gives preference to debts owed to employees in the event 
of their employer's insolvency. Furthermore, the UK Government 
guarantees payment of certain wages and other debts owed by 
insolvent employers. 
* In 1990/91 the Government made payments, totalling some 
UKL283 million, under the redundancy and insolvency provisions 
and instituted a free helpline for individuals seeking 
information about entitlements. 
WORKING CONDITIONS 
There is no general legislative framework setting out terms and 
conditions of employment. In general employers and employees, or 
their representative organizations are free to agree what suits them 
best. 
Working time 
Working time in the UK is in most cases determined by agreement 
between employers and employees. Average weekly hours worked in the 
UK, at 37.8 hours, are only marginally higher than the EC average of 
37.4, although greater flexibility results in a wider spread of 
working patterns and hours worked. The UK's non-statutory approach 
allows employers and employees greater freedom to explore new types 
of working patterns and to respond quickly to economic circumstances 
and customers' requirements. The average annual paid holiday 
entitlement set by collective agreement is approximately 23 days. 
These levels are comparable to those in other EC member states. 
In surveys UK employees have reported high levels of satisfaction 
with their working time arrangements: over 80% are satisfied or very 
- 274 -
satisfied and only 9% dissatisfied. Levels of satisfaction are high 
amongst all main categories of workers, including part-timers and 
those working longer than average hours. 
Wages 
Real earnings have increased across the whole earnings distribution 
since 1979 (on average by 30% for men and 43% for women). For the 
lower paid there are "in work" social security benefits specially 
designed for those with heavy family commitments. 
The Government believes the imposition of minimum wages hinders the 
free operation of the labour market and destroys jobs. 
The best way of helping the lower paid is to create the conditions 
for a prosperous and growing economy and to remove barriers to 
employment. The main cause of poverty is not having a job and the 
best answer is realistic wages which create the right conditions for 
job growth. 
INDUSTRIAL RELATIONS AND TRADE UNIONS 
Freedom of association 
In general, employers and employees are free to establish and run 
such organizations as they see fit. 
Steps taken by the Government over the past decade to reform the 
relevant legislation have provided a legal framework which ensures 
that individuals are free to join, or not to join, trade unions. 
With certain exceptions, all employees now have the following 
r ights: 
(i) not to be dismissed for being a member of a trade union or 
for not belonging to one, or for proposing to become a member 
of a trade union or refusing to Join one-, 
(ii) not to have action short of dismissal taken by their employer 
to prevent or deter them from seeking to become a member, or 
to penalize them for doing so, or to compel them to be or 
become a member ; 
(iii) not to be chosen for redundancy because they belong or do not 
belong to a trade union, or are proposing to Join one. 
In addition, individuals seeking employment are protected against an 
employer's refusal to employ them if that refusal was because the 
individual concerned was, or was not, a trade union member or 
because he refused to become, or cease to be, a member. 
Where an employee, or jobseeker, believes that any of the rights 
afforded to him under the law have been infringed, he may complain 
to an industrial tribunal. 
- 275 -
Collective agreements 
There has been an increasing trend in the UK towards individual 
agreements between employer and employee. The notion of people at 
work as an undifferentiated mass with identical interests and aims 
is diminishing. Individual employees want to have much more control 
over the whole direction of their careers. They have their own 
views about the training and skills they need. They look for and 
will stay with the employer who will train them and help them to 
develop their careers. 
The Government believes that making collective agreements should be 
a voluntary matter between the parties concerned. There is nothing 
in UK legislation which prevents employers, employers' organizations 
or workers' organizations from negotiating and concluding such 
agreements. 
There has been a marked decline in the number of people whose pay is 
determined by national pay agreements. Data from the new earnings 
survey shows that the coverage of major national collective 
agreements dropped substantially from 47% in 1983 to 34% in 1991. 
There is an increasing trend to move away from collective bargaining 
altogether. External research suggests that by 1990, some 42% of 
the workforce was not covered, either directly or indirectly, by 
collective bargaining. 
Even where collective bargaining persists, pay determination has 
become increasingly decentralised to local level. 
New forms of performance pay, merit pay and other incentives such as 
employer shared ownership and profit sharing are becoming more 
widespread at all levels. A recent study found that 47% of 
companies surveyed use performance related pay for all their white 
collar workers and 30% had an element of merit pay for manual 
workers. 
However, there is nothing in UK legislation that prevents an 
employer from recognizing a trade union, or from concluding a 
collective agreement. These are matters which employers are free to 
decide, having regard to their particular business needs and 
circumstances. 
It is for the parties to collective agreements to decide themselves 
whether their agreements should be legally enforceable between them. 
Disputes 
The industrial relations reforms pursued by the Government have led 
to the lowest number of stoppages for 58 years (calendar year 1991) 
and the number of working days lost is now the lowest calender year 
total since records began 100 years ago. Should a collective or 
individual dispute arise, the UK already has in place well-
established provisions for conciliation and arbitration for the 
- 276 -
settlement of disputes in the form of the Advisory, Conciliation and 
Arbitration Service (ACAS). 
ACAS was established as an independent statutory body under the 
Employment Protection Act 1975 with the general duty of improving 
industrial relations. Its specific functions include conciliating 
in industrial disputes (at the request, or with the agreement, of 
the parties concerned), and arranging arbitrations. The Service 
enjoys a high reputation on both sides of industry. 
In 1991, ACAS dealt with 1,306 requests for collective conciliation 
cases, 60,605 for individual conciliation and arranged 157 
arbitration and mediation hearings. Furthermore, it completed 947 
in-depth projects and 6,266 visits as part of its programme of 
Industrial Relations assistance to industry and individuals. 
If disputes cannot be resolved, nothing in UK law prevents any 
employee from choosing to take part in collective strike action. 
UK law specifically prevents any court - in any circumstances - from 
making an order which would compel an employee to do any work or 
attend any place to do any work, even if such work or attendance is 
required by the employee's contract of employment. 
Provisions in employment law also prevent an employer selecting for 
dismissal only some of those employees taking "official" (i.e. 
union-organized) industrial action, in so far as any employee so 
dismissed may be able to claim unfair dismissal. 
Other provisions in employment law provide special protection for 
any employee who takes strike action by preserving any "qualifying 
period of employment" which the employee may have accumulated prior 
to taking such action - thereby protecting certain statutory 
employment protection rights (e.g. to redundancy pay), even though 
the employee has chosen to go on strike in breach of the terms of 
his employment contract. 
In addition, anyone (including a trade union) who calls for, or 
otherwise organises, industrial action which interferes with 
contracts, may be protected from civil liability (and proceedings 
which could otherwise be brought for an injunction and/or for 
damages) by special statutory "immunities". 
EMPLOYEE INVOLVEMENT 
The UK Government is firmly committed to the principle of employers 
informing and, where appropriate, consulting their employees about 
matters which affect them. It is, however, opposed to prescriptive 
legislation on employee involvement being imposed on British 
organizations. This would be at odds with the UK's voluntarist 
tradition of industrial relations. 
The UK Government believes that there is no single blue print for 
successful employee involvement, and that, in the UK, the extension 
- 277 -
of effective means of employee involvements should be secured on a 
voluntary basis. The strength of the voluntary approach is the 
flexibility it allows for companies to develop and implement 
arrangements best suited to their needs, and the needs of their 
employees. 
The Government does, however, recognize that it has a role to play 
in promoting the voluntary development of employee involvement, for 
instance: 
(i) Good practice: the Government draws attention to, and 
encourages the adoption of, good company practice. The 
Government has lent its support, for example, to the Joint 
Code of Practice on employee involvement issued by the 
Institute of Personnel Management and Involvement and 
Participation Association. 
(ii) Business initiatives: the Government supports the initiatives 
of business (and other organizations and bodies) which are 
designed to highlight employee involvement practices. For 
example, the Governement is co-sponsoring a joint campaign 
with the Confederation of British Industry (the UK's main 
employer organization) to promote greater awareness of the 
development of good practice in employee involvement. 
(iii) Research: the Government sponsors and supports a variety of 
research work on employee involvement. The results of such 
projects are widely disseminated. 
(iv) Financial participation: the Government believes that one of 
the most effective ways of increasing employee involvement 
and commitment is through financial participation. Such 
participation gives employees a direct stake in the ownership 
and prosperity of the businesses for which they work, and is 
an important element in the employee involvement arrangements 
of many British companies. As shareholders, employees also 
receive regular information about their company's objectives 
and performance. 
The Government has introduced a range of tax incentives for the 
establishment of financial participation schemes (all but two of the 
last 13 budgets presented by the Chancellor of the Exchequer have 
included tax incentives in this area). The UK is in the forefront 
in Europe in encouraging the take-up of financial participation 
schemes. 
At the end of March 1992, there were 2,070 all-employee share 
schemes registered, and 5,038 discretionary share option schemes had 
been approved. Also at the end of March 1992, 2,597 profit-related 
pay schemes had been registered, covering some 718,000 employees. 
- 278 -
FREEDOM OF MOVEMENT 
The UK Government recognizes that freedom to take work and provide 
services anywhere in the Community is vital, both for individual EC 
nationals, and for business in the free market. 
All EC nationals are entitled to enter and reside in the United 
Kingdom in order to seek or take paid employment, to engage in self-
employment or to provide or receive services for remuneration. 
Individuals are not subject to any restrictions on the nature and 
type of activity of these kinds that they may engage in (except in 
so far as British citizens may be subject to restrictions), and they 
thus have full and equal opportunity in employment or business and 
the professions. They are also covered by the same employment 
protection rights as UK workers, therefore ensuring equal and fair 
treatment. 
The UK also fully supports Community action to eliminate obstacles 
arising from the non-recognition of diplomas or equivalent 
occupational qualifications. The UK regulations transposing in full 
Directive 89/48/EEC (on a general system for the recognition of 
higher education diplomas awarded on completion of professional 
education and training of at least three years' duration) came into 
force on 17 April 1991. The UK is the second Member State to 
iemplement the Directive in full. 
Last year the UK professions covered by the Directive accepted over 
1200 applications from other EC countries; those applicants are now 
able to practice their profession here. This is in addition to 
professionals whose qualifications were recognized here before the 
Directive came into force. 
The UK has been an active participant in the negotiations on the 
draft Directive on a second general system for the recognition of 
professional education and training which complements Directive 
89/48/EEC. Together, these Directives give every Community national 
certain rights to have qualifications and experience gained in one 
Member State recognized or taken into account in other Member States 
where entry to particular jobs is regulated on the basis of specific 
national qualifications. 
The UK is a leading participant in ERASMUS, the European action 
scheme for the mobility of university students which aims to promote 
increased freedom of movement for students already in higher 
education within the EC and increased cooperation within higher 
education. From academic year 1992/93, ERASMUS will be extended to 
the EFTA countries. Within ERASMUS, the European Credit Transfer 
Scheme (ECTS) promotes credit transfer amongst participating states 
by requiring higher education institutions to accord full credit for 
academic work undertaken by participating students. 
- 279 -
VOCATIONAL TRAINING 
The overall UK aim is to develop systems which enable and motivate 
individuals to build on their skills and experience throughout 
working life; meet the needs of employers and individuals; are 
capable of delivery by a wide variety of cost-effective means; and 
can respond flexibly to changing demand. 
To achieve this aim, there are six major priorities for training and 
enterprise in Great Britain for the 1990s. These are: 
employers must invest more effectively in the skills their 
businesses need; 
young people must have the motivation to achieve their full 
potential and to develop their skills; 
individuals must be persuaded that training pays and that they 
should take more responsibility for their own development; 
people who are unemployed and those at a disadvantage in the job 
market must be helped to get back to work and develop their 
abiIities to the fulI ; 
the providers of education and training must offer high quality 
and flexible provision which meets the needs of individuals and 
employers; 
enterprise must be encouraged throughout the economy, 
particularly through the continued growth of small business and 
self-employment. 
The priority for the UK is to develop systems which are capable of 
responding flexibly to changing demand, rather than relying on a 
"fire-fighting" approach which reacts to each issue on an individual 
basis. Systems already in place or shortly to be completed include: 
a national network of operational TECs (Training and Enterprise 
Councils) and LECs (Local Enterprise Companies), locally based 
employer-led organizations which will tailor training and 
enterprise activities to meet ever changing consumer demand; 
a comprehensive network of voluntary, employer-led, independent 
Industry Training Organizations, which is well on the way to 
being established. One of their key tasks will be to establish 
a mechanism for keeping TECs informed of sectoral labour market 
needs ; 
an educational system, which has undergone a major programme of 
reform to provide the proper foundation for the skills which 
will be needed for the late 1990s; 
a national framework of National Vocational Qualifications, 
based on standards of competence defined by lead bodies 
representing sectors of industry and commerce, will ensure that 
training Is relevant to the needs of the job and help 
- 280 -
progression by individuals. 
At the heart of the UK's strategy for skills is engaging, motivating 
and enabling individuals to increase or update their skills. To 
help individuals draw up realistic and achievable personal action 
plans for future career development, the availability of and 
quantity of information and guidance continues to be improved. A 
new initiative has recently been announced, which will be made 
available through TECs and LECs. It will: 
develop effective and comprehensive local information, 
assessment and guidance services for people at work; 
give individuals control of their own development by offering 
them credits, which they can use to "buy" the guidance and 
assessment services of their choice. 
The UK Government plans to spend over UKL2.7 billion on training, 
enterprise and vocational education in 1992/93 - twice the amount 
spent in 1978/79. Employers, who have the prime responsibility for 
training, are estimated to spend around UKL20 billion a year on 
training; and development. 73% more employees received training in 
the spring of 1991 than in a similar period seven years ago. 
EQUAL OPPORTUNITIES FOR WOMEN AND MEN 
The UK Government recognizes the essential contribution that women 
make to the economic and social life of the country and 
wholeheartedly supports equality of opportunity between the sexes in 
all aspects of life. Significant advances have been made in the 
field of equal opportunities between women and men in recent years, 
and are clear evidence that the equal opportunities policies are 
working. 
Britain now has a higher proportion of women at work than any other 
EC country except Denmark. The increase in women's participation in 
the workforce is particularly marked in a number of key professions. 
The number of women solicitors has risen from 5,175 in 1984 to 
14,000, 20% of the total. 1 in 4 GPs are women, compared to 1 in 7 
in 1982. The Chartered Institute of Management Accountants now has 
2,599 women members compared with only 300 ten years ago. 
The Legal Framework 
The UK has a full legal framework to combat unjustifiable sex 
discr iminat ion. 
In Great Britain, the Sex Discrimination Act 1975 makes sex 
discrimination generally unlawful in employment, in education, in 
the provision of goods, facilities and services, and in the disposal 
and management of premises. In employment, this means equality in 
recruitment, training, promotion and retirement. The Act also 
provides redress against victimisation and may also do so against 
sexual harassment. It also allows for. "positive action" measures, 
- 281 -
such as single sex training to help people to enter Jobs in which 
their sex is under-represented and to help people to return to work 
after time at home looking after their families. However, positive 
discrimination is unlawful. 
The Sex Discrimination Act is complemented by the Equal Pay Act 
1970. This Act came into force on 29 December 1975 and combats 
unfair sex discrimination in pay and other terms and conditions of 
employment. The Act allows equal pay when a man and woman working 
for the same or an associated employer are doing like or broadly 
similar work or work judged to be equal by a job evaluation study or 
(since 1984) work of equal value. Since the legislation, women's 
average earnings (excluding overtime) in relation to men's have 
increased appreciably - from 63.1% in 1970 to 78.2% in 1991. 
Anyone who feels that they have been discriminated against in 
employment because of their sex can complain to an industrial 
tr ibuna I. 
There are equivalent laws covering Northern Ireland. 
Other initiatives 
Legislation by itself cannot deliver an equal opportunities society. 
Indeed, regulation which increases disproportionately the costs to 
employers of employing women workers will become a brake on jobs 
without acting as a spur to greater equality of opportunity. Non-
legislative approaches are equally important; much can be done to 
change attitudes by raising awareness. 
The Equal Opportunities Commission (EOC) is charged with the duty of 
working toward the elimination of discrimination and the promotion 
of equality of opportunity between men and women generally. The EOC 
can offer free help and advice to anyone who feels they have 
suffered discrimination. It can also investigate complaints and has 
the power to serve "non-discrimination" notices on employers. 
The Government is playing its part too by encouraging women to think 
about the full range of job and training opportunities and by 
putting a good deal of effort into job-related training. For 
example, the Employment Training and Youth Training Schemes can help 
women back into work or to enter non-trad itional jobs. 
New patterns of work, such as Job-sharing, part-time work, career 
breaks and voluntary parental leave, are helping women to mix 
successfully work and family life and are encouraged by the 
Government. Of course the work of women who want to stay at home to 
bring up their children must not be undervalued - what is important 
is the freedom to choose. 
Recent initiatives 
The Ministerial Group on Women's Issues was established in 1986 to 
coordinate Government policy on issues of concern to women. 
Thirteen Government departments are represented. 
- 282 -
The equal opportunities provisions in the Broadcasting Act, 1990 
seek to build on existing equal opportunities policies, to create a 
climate in which more top editorial Jobs are held by women and to 
ensure that women are represented fairly and sympathetically. The 
equal opportunities condition will be enforceable in the same way as 
any other licence condition. 
Childcare and reconciling work/family responsibilities 
The Government recognizes the importance for parents of being able 
to combine their work and domestic responsibilities. How this is 
achieved is best decided by individual families and employers 
themselves. 
The Government takes every opportunity to encourage employers to 
adopt measures which enable women and men to reconcile work with 
caring for their family. Such measures include various forms of 
flexible working arrangements and where appropriate assistance with 
chiIdcare. 
Interest in these matters is growing all the time and the 
Government's "Best of both Worlds" booklet, promoting the benefits 
of flexible working to employers, highlights the wide range of 
measures already in place. 
HEALTH AND SAFETY 
The UK has been in the forefront of protecting workers' health and 
safety through legislation for over 150 years. The present 
legislation provides a comprehensive and effective framework for 
maintaining, improving and enforcing standards of workplace health 
and safety. Everyone involved with work has legal duties aimed at 
protecting not only employees, but also the self-employed and 
members of the public, from risks to their health and safety arising 
from work activities. 
UK health and safety legislation is based on the premise that 
everyone concerned with work (employers, employees, the self-
employed, etc.) must cooperate to comply with their duties to ensure 
health and safety. The legislation therefore contains general 
requirements on information, training and consultation, plus more 
specific requirements where needed. A report published by the 
European Commission in 1991 suggests that the UK system of workers' 
participation in health and safety is one of the most effective in 
the Community. 
The UK legislative approach is based on proper assessment in 
relation to risk and sound medical and technical criteria which 
results in relevant and effective controls being introduced. There 
is considerable emphasis on wide consultation on proposals for new 
legislat ion. 
- 283 -
UK health and safety standards are amongst the highest in the 
Community. This was borne out by HSE's study published in 1991 
which showed that British accident statistics compare favourably in 
most respects with those of the largest EC partners. 
SPECIAL GROUPS 
I. Young peooIe 
Young people In employment 
All workers in the UK, including young people and children who work, 
are covered by the same comprehensive health and safety legislation 
that applies to all workers. 
There is, in addition, further protection for young workers from 
regulations which govern the extent to which they can work in 
particularly hazardous industries or with particularly hazardous 
substances. 
Accident statistics show that young employees (16 to 19 year-olds) 
have fewer accidents than employees generally. 
The minimum age for full-time employment is 16, the same as the 
statutory school-leaving age. Children aged 13 and over can engage 
in light non-industrial work where this does not put them at risk 
and does not interfere with their education. 
Young people and school-age children are also covered by the 
comprehensive package of employment-protection legislation and equal 
opportunities legislation, the only exception being provisions for 
redundancy. 
Training young people 
The Government attaches the highest priority to the training of 
young people. Over the last decade there has been a revolution in 
Britain's education and training. Far-reaching reforms have been 
introduced, backed up with increased resources. Parents, their 
children and young people now have choices that did not exist a 
generation ago. 
The Government's policies are aimed at knocking down barriers to 
opportunity and creating higher standards. The objective is to give 
all young people the chance to make the most of their talents and to 
have the best possible start in life. 
On 20 May 1991, the Government introduced a White Paper on education 
and training for the twenty-first century. The key policies set out 
in this were: 
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speeding up the introduction of National Vocational 
Qualifications (NVQs) in further education and developing a 
range of general NVQs; 
providing equal esteem for academic and vocational 
qualifications and clearer and more accessible paths between 
them; 
extending the range of services offered by school sixth forms 
and colleges so that young people face fewer restrictions about 
what education or training they choose and where they take it 
up; 
giving Training and Enterprise Councils more scope to promote 
employer influence in education, and mutual support between 
employers and education; 
stimulating more young people to training through the offer of a 
training credit ; 
promoting links between schools and employers, to ensure that 
pupils gain a good understanding of the world of work before 
they leave school -, 
ensuring that all young people get better information and 
guidance about the choices available to them at 16 and as they 
progress through further education and training; 
providing opportunities and incentives for young people to reach 
higher levels of attainment; 
- giving colleges more freedom to expand their provision and 
respond more flexibly to the demands of their customers. 
Implementation of the initiatives outlined in the White Paper is now 
well advanced. By the end of 1992 the national framework of 
standard-based qualifications will cover 80% of the employed 
population at levels 1 to 4 including all the most economically 
significant qualifications. The first General NVQs have been 
developed at levels 2 and 3 and will be introduced in a limited 
number of schools and colleges from September 1992. The new 
qualifications will be more widely available from September 1993. 
The first Advanced Diplomas will be awarded in 1994 to young people 
who will have started relevant study programmes in September 1992. 
The Advanced Diploma will establish a new benchmark of achievement 
that recognises academic attainment and vocational attainment 
equally, and also shows a given level of attainment in the basic 
competencies of English, maths and a modern foreign language that 
are necessary for effective progress to higher education and 
employment. 
TECs have widened their scope for promoting employer influence in 
education. There are now 111 Education/Business Partnerships, at 
least one in every TEC area. 
Training credits are currently being used in 10 TECs and 1 LEC, 
covering about 10% of the national total of 16 and 17 year olds in 
285 -
their areas. A further 7 TECs and 2 LECs are currently developing 
the next round of credit schemes, covering another 10% of school 
leavers. By 1996 the Government's aim is that every young person 
aged 16 or 17 leaving full time education will have the offer of a 
credit. 
62 Compacts have now been set up in Inner City areas in order to 
promote links between schools and employers. Plans for the 
extension of Compacts across the country are underway with TECs 
involved in adapting the Compact approach to local needs. 
56 Careers Service Partnerships have been set up involving 57 TECs 
and 80 LEAs. UKL6.13 million has been allocated to TECs to increase 
resourcing of careers libraries and the updating of computerised 
systems in schools and colleges. 
The Further and Higher Education Act 1992 will ensure that all 
further education (FE) colleges and sixth form colleges have the 
freedom to manage their own affairs as independent institutions. 
From 1 April 1993 the colleges will be transferred out of local 
authority control to a new further education sector which will give 
colleges the freedom to respond quickly and flexibly to the demands 
of their customers. FE Funding Councils for England and Wales have 
been set up, and HE funding councils have been created in England, 
Scotland and Wales. 
Another Government initiative is Youth Training (YT), a training 
programme which aims to provide broad-based education and vocational 
training mainly for 16 and 17 year-olds and to produce better 
qualified young entrants to the labour market. 
Under the Youth Training Guarantee all unemployed young people aged 
between 16 and 17 are entitled to be offered entry to a suitable YT 
programme and to receive such training. 
Around 300,000 young people in Great Britain today are in training 
compared with about 7000 in 1979. Since the inception of the Youth 
Training Scheme (YTS) in 1983, over 3.1 million young people have 
been trained. The proportion of 16 year olds in part- or full-time 
education or training in 1989 was 93%. For 16 to 18 year olds the 
percentage was 70%, compared to 64% in 1984. 
II. People with disabilities 
A wide range of services is provided for people with disabilities in 
the UK by health authorities, local authorities, voluntary 
organizations, Training and Enterprise Councils and Local Enterprise 
Companies and the Employment Service. They cover a very broad 
spectrum - medical and nursing care, rehabilitation, training 
therapy, supply of equipment, support services in the home, 
holidays, relief for carers, access to information about local 
services and special employment services for employed and unemployed 
people with disabilities. There is in addition a comprehensive 
system of benefits for sick and disabled people. 
- 286 
Employment and Training 
UK training and employment services and programmes are designed to 
encourage equality of access and opportunity, to help progression 
into open employment and to promote the retention and development of 
people with disabilities in work. Many people with disabilities use 
the mainstream services, but there is also a wide range of 
specialist provision to help with job placing, promoting good 
practices in employment, advice, assessment, rehabilitation and 
training. There are special schemes designed to help overcome 
particular barriers to employment and training and help is provided 
for severely disabled people in the sheltered employment programme. 
The programmes and services are developed to meet both local and 
individual needs. From April 1991, the Government has had the aim 
of ensuring that unemployed people with disabilities are offered a 
place on one of its four main employment and training programmes. 
Following extensive consultations on the Employment Département's 
employment and training services for people with disabilities, 
decisions have been taken which improve the effectiveness of 
existing specialist services. During 1992 Placements Assessment and 
Counselling teams (PACTS) will take on all present functions of 
Disablement Resettlement Officers who provide specialist help to 
disabled people, the Disablement Advisory Service which advises 
employers and the assessment functions of the Employment 
Resettlement Service. The new teams will provide a more integrated 
service to both employers and individuals with disabilities. 
Benefits 
The UK provides a comprehensive range of state benefits for sick and 
disabled people at a total cost of UKL14.8 billion per year. 
Expenditure on benefits for long-term sick and disabled people is 
estimated to reach UKL14.2 billion in 1992-93, representing an 
increase by approximately UKL9 billion in real terms since 1978-79. 
Help with income maintenance is provided through both contributory 
and non-contributory benefits. Additional help with the extra costs 
of disability is provided through non-contributory benefits to some 
2 million disabled people. Specific help is provided to those with 
mobility needs. Recent surveys have shown that extra costs benefits 
are a very effective way of helping to meet the needs of several 
disabled people. 
In recent years 850,000 people have gained from improvements to the 
framework of benefits for disabled people, so it is now more attuned 
to their needs and circumstances. Part of these improvements was 
the introduction in April 1992 of two new benefits - Disability 
Living Allowance which provides help with the extra costs of 
disability, and Disability Working Allowance which promotes the 
independence and social integration of disabled people by helping 
those who are able and wish to work to do so. 
III. EIderI y people 
The UK Government provides a basic retirement pension to all women 
over 60 and men over 65 who have satisfied a minimum contributory 
requirement over their working life. Uniquely, it also provides 
- 287 -
women with a pension based wholly or partly on their present, former 
or late husband's contributions, if this gives them a greater 
pension than one based on their own contributions. Secondly, 
earnings related pensions may also be paid; depending on the level 
of earnings received since 1978. Increasingly this forms a valuable 
part of state pensions provision as the earnings related scheme 
matures. Extra pension is paid to those pensioners who are over 80; 
and an increase of pension may also be made to those who support 
another adult or who have dependant children. 
The Government is pledged, and is statutorily required to increase 
Retirement Pension every year in line with the movement in prices so 
that it maintains its value. 
The Government is committed to the equalization of pension ages for 
men and women, and published a discussion paper in December 1991 to 
achieve this aim. Following a discussion period, ending in 
June 1992, the Government will bring forward firm proposals. 
In addition to the state pension the Government encourages schemes 
that make additional provisions so that retirement does not bring 
about a sharp fall in income; for example, personal pensions, 
occupational pensions and income from savings. Anyone over pension 
age who still has inadequate resources may claim Income Support, 
Housing Benefit and Community Charge Benefit. Additional funds have 
been made available to pensioners on lower income. Between 1989 and 
October 1992 there have been improvements of nearly UKL700 million a 
year, in real terms, in the rates of Income Support and other income 
related benefits for .pensioners. Higher levels of Income Support 
are available for elderly people in residential care and nursing 
homes. 
The average net income of those over pension age rose by 34% between 
1979 and 1988, with more than half of all pensioner couples and 
single pensioners in receipt of an occupational pension from a 
previous employer. Occupational pensions accounted in 1988 for over 
a quarter of pensioners' average incomes, and income from savings 
accounted for nearly one fifth. 
SOCIAL PROTECTION 
The UK social protection programme aims to provide an efficient and 
responsive system of financial help which takes due regard of wider 
economic and social policies, including long-term effects on public 
expenditure. Its structure has enabled resources to be directed 
effectively towards those most in need, encouraging independence and 
personal responsibility and providing incentives to return the 
labour market. A national scheme of social assistance provides a 
guaranteed income, without time restriction, to lone parents and the 
elderly, sick or unemployed people. The Government's Citizen's 
Charter applies to the delivery of social protection. It is a 
sustained new programme for improving the quality of public services 
by offering choice wherever possible, enabling the citizen to act 
when services are unacceptable and giving value for money to the 
taxpayer. Total social security expenditure amounted to UKL70.6 
- 288 -
billion in 1991/2, an increase over the past ten years of UKL17.9 
billion in real terms, or 34%. 
Contributory benefits to cover maternity, sickness and unemployment 
are provided for workers or those with recent employment records. 
Non-contributory benefits provide additional financial help for 
severely ill or disabled people (including those disabled as a 
result of an accident at work) and carers of sick and disabled 
people. They also provide financial assistance for families, paying 
a weekly cash benefit for all dependent children at a cost of 
UKL5.46 billion in 1991-92. In addition, Family Credit helps 
employed and self-employed people with children by supplementing low 
or modest earnings. It is designed to ensure that most people are 
better off working than unemployed, thus providing parents with an 
incentive to return to or continue in work. In April 1992, the 
minimum number of hours that a parent needed to work to qualify for 
Family Credit was reduced from 24 hours a week to 16. This has 
widened the benefit's scope and enabled many more families to claim. 
The change has been of particular help to lone parents whose child 
care responsibilities often prevent them from working over 24 hours 
a week. 
Income Support provides an income for those not in full time work. 
It directs help to those identified as having special needs, with 
higher amounts for families, lone parents, and elderly, sick or 
disabled people. 5 million people receive Income Support, 
initiatives over the last three years include improvements of UKL700 
million a year, in real terms, in the rates of Income Support and 
other income related benefits for pensioners. Also, a new addition 
for carers was introduced in October 1990. Housing Benefit and 
Community Charge Benefit are income related schemes which provide 
help with 100% of reasonable housing costs and 80% of Community 
Charge (local taxes) to those on Income Support. These benefits are 
still available to those with incomes above Income Support levels, 
with help reducing as income rises. 
The Government recognises that regular maintenance payments by 
absent parents provide lone parents and their children with a 
reliable source of income which can be used as a basis for cessing 
reliance on income related benefits. It is therefore implementing a 
programme of reform to ensure that absent parents make proper 
financial provision for children and the parents who have care of 
them. The Child Support Agency will be set up in April 1993 and 
will bring together work handled by DSS local offices and a range of 
UK civil courts. It will provide a non-adversarial "one stop 
service" for the assessment and collection of child maintenance for 
all families. An independent appeals system will operate and 
standards of decision making will be monitored independently with 
the results published annually. The Agency will give its customers 
a more effective and efficient service than the present system. 
- 23*5 -
ANNEX 
290 -
QUESTIONNAIRE ADDRESSED TO THE MEMBER STATES RELATING 
TO THE REPORT ON THE APPLICATION OF THE COMMUNITY CHARTER 
OF FUNDAMENTAL SOCIAL RIGHTS FOR WORKERS 
Under the terms of paragraph 29 of the Charter, "the Commission 
shall establish each year, during the last three monthsn a 
report on the appl icat I on of the Charter by the Member States 
and by the European Community. 
- 291 -
FREEDOM OF MOVEMENT 
1. Are there any restrictions other than those justified on grounds 
of public order, public safety or public health which would 
prevent any worker of the European Community from moving freely 
? 
2. Are there any new initiatives to guarantee the right of 
residence to workers who, in exercising their right to freedom 
of movement, engage in any occupation or profession ? 
Are there any obstacles preventing a worker who has exerciced 
his right to freedom of movement from engaging in any occupation 
or profession under the same rules applying to nationals ? 
Are there any new initiatives to reinforce the rights to freedom 
of movement and equal treatment in all types of occupation or 
profession and for social protection purposes ? 
3. What measures exist to : 
encourage family reunification; 
encourage the recognition of diplomas or equivalent 
occupational qualifications acquired in another Member 
State-, 
improve the living and working conditions of frontier 
workers ? 
EMPLOYMENT AND REMUNERATION 
4. Are there any particular provisions, apart from the regulations 
governing each occupation, restricting the freedom of choice and 
the freedom to engage in an occupation for certain categories of 
people ? 
5. - Are there any legislative or agreement-based provisions, 
practices or judgements to guarantee fair remuneration for 
workers ? 
- 292 -
Is there an equitable reference wage for workers subject to 
terms of employment other than an open-ended full-time 
contract ? 
Where wages are withheld, seized or transferred, does 
national law make provisions for measures to enable the 
worker to continue to enjoy the necessary means of 
subsistence for him or herself and his or her family ? 
6. Under what conditions does an individual have access to public 
placement services free of charge 7 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
7. Give a brief description of measures taken in the following 
areas : 
duration and organization of working time; 
forms of employment other than open-ended full-time 
contracts; 
procedures for collective redundancies and for bankruptcies 
8. Does every worker of the European Community have the right to 
annual paid leave and a weekly rest period ? 
Are they organized on a legal basis or by collective agreement ? 
What is their duration ? 
Under what conditions are they granted ? 
9. How are the conditions of employment of every worker defined ? 
Is a written document required ? 
Are they stipulated in laws ? 
In a collective agreement ? 
In a contract of employment ? 
Are there any exceptions ? 
SOCIAL PROTECTION 
10. - How is social protection for workers organized in order to 
guarantee an adequate level of social security benefits ? 
On what basis and according to which criteria ? 
Is there a generalized social protection system ? 
For what categories of persons ? ? 
- 293 -
What provisions are there to allow persons excluded from the 
labour market and having no means of subsistence to receive 
sufficient benefits and resources ? 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
11. - Are there any obstacles to prevent employers and workers of 
the European Community forming professional organizations or 
trade unions ? 
Does an employer or worker have the right to join or not to 
loin such organizations without suffering any personnal or 
occupational damage 7 
12. What are the procedures for negotiating and concluding 
collective agreements ? 
Are there any obstacles preventing employers or employers' 
organizations and workers' organizations from negociating and 
concluding collective agreements ? 
13. - What are the regulations governing the exercising of the 
r ight to str ike ? 
What measures are there to encourage conciliation, mediation 
and arbitration procedures for the settlement of industrial 
disputes ? 
14. - With regard to the right to strike, what internal legal 
order applies to the civil service in general and to the 
police and armed forces in particular ? 
VOCATIONAL TRAINING 
15. - What are the conditions governing access to vocational 
training ? 
Are there any new initiatives to offset or to ban 
discrimination on grounds of nationality with regard to 
access to vocational training ? 
Are there continuing and permanent training systems enabling 
every person to undergo retraining 7 
- 294 -
Are these systems the responsibility of the public 
authorities, of undertakings or of the two sides of 
industry ? 
EQUAL TREATMENT FOR MEN AND WOMEN 
16. - How is equal treatment for men and women implemented and 
assured ? 
- What initiatives have been taken to intensify action to 
ensure equal treatment for men and women ? 
Are there any measures to enable men and women to reconcile 
their occupational and family commitments ? 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
17. Is there a system for information, consultation and 
participation of workers, particularly within companies 
established in two or more Member States ? 
18. - What measures or practices are there relating to the 
information, consultation and participation of workers ? 
To which particular cases do such provisions refer ? 
Is such information, consultation and participation 
implemented at least in the following cases : 
- the introduction of technological changes into undertakings; 
- restructuring operations in undertakings; 
- collective redundancy procedures; 
- where transfrontier workers in particular are affected by 
employment policies pursued by the undertaking where they 
are employed ? 
HEALTH PROTECTION AND SAFETY AT THE WORK PLACE 
19.- In which areas or sectors do Community Directives lay down 
more favourable provisions than those currently in force in 
your country ? 
- 295 -
With regard to health and safety, is there any provision for 
worker participation in decision-making, and what are the 
procedures ? 
PROTECTION OF CHILDREN AND ADOLESCENT 
20. What is the minimum employment age for young people ? 
21. Are there specific provisions to regulate the remuneration of 
young people ? 
What are the basic procedures ? 
22. Are there specific provisions to regulate the duration of work, 
night work and vocational training for young people ? 
23. Following the end of compulsory education, are young people 
entitled to initial vocational training aimed at enabling them 
to adapt to the requirements of their future working life ? 
THE ELDERLY 
24. What provisions are there to ensure that every worker of the 
European Community is able, at the time of retirement, to enjoy 
resources affording him or her a decent standard of living ? 
25. Is there a protection system enabling every person who has 
reached retirement age but who is not entitled to a pension to 
have sufficient resources and/or medical and social assistance 
suited to his or her needs ? 
What are the basic procedures ? 
DISABLED PERSONS 
26. What concrete measures are there to facilitate the social and 
occupational integration of the disabled ? 
- 296 -
IMPLEMENTATION OF THE CHARTER 
27. How are the fundamental social rights contained in the Charter 
guaranteed 7 

ISSN 0254-1475 
COM (92) 562 final 
DOCUMENTS 
EN 04 05 
Catalogue number : CB-CO-92-584-EN-C 
ISBN 92-77-50781-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg