21. 5. 84 Official Journal of the European Communities NoC 133/1 
II 
(Preparatory Acts) 
COMMISSION 
Amendments to the proposal for a Council Directive concerning the supply of workers by 
temporary employment businesses and fixed-duration contracts of employment (J) 
COM(84) 159 final 
(Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC 
Treaty on 6 April 1984) 
(84/C 133/01) 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Citations unchanged 
Recitals 1 and 3 unchanged 
Recital 2 deleted 
Fourth recital 
Whereas action should be taken to eliminate abuses with 
regard to the two main forms of temporary employment, 
namely the supply of workers by temporary employment 
businesses and the direct recruitment of workers on fixed 
duration contracts, and temporary labour subcontracting 
with delegation of authority should be treated as the 
supply of workers by temporary employment 
businesses; Fourth recital 
Whereas action should be taken to eliminate abuses, 
where they exist with regard to . . . 
Rest: unchanged. 
Fifth recital unchanged 
Sixth recital 
Whereas employers' operational flexibility must be 
maintained, in particular where they are subject to 
short-term fluctuations in staff numbers or economic 
activity; Sixth recital 
Whereas employers' operational flexibility must, without 
prejudice to the rights of workers and the provisions of 
collective agreements, be maintained with a view in 
particular to enabling them to cope with short-term 
fluctuations in staff numbers or economic activity; 
(») OJ No C 128, 19. 5. 1982, p. 2. 
No C 133/2 Official Journal of the European Communities 21. 5. 84 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Recitals 7,8 and 9 unchanged 
Insert the following recital: Whereas for these reasons it is important that, in a 
relatively short time, a degree of approximation of 
national laws be achieved regarding the minimum 
requirement for the authorization of temporary 
employment businesses necessary to protect the interests 
of workers until such time as more far-reaching 
harmonization becomes feasible; 
Final recital unchanged 
SECTION I 
DEFINITIONS SECTION I 
DEFINITIONS 
Article 1 Article 1 
For the purposes of this Directive the following 
definitions shall apply: 
(a) Permanent work: Regular employment undertaken 
pursuant to a contract of employment or employment 
relationship of indefinite duration. For the purposes of this Directive the following 
definitions shall apply: 
Deleted. 
(b) Supply to temporary workers: The activity engaged 
in by any natural or legal person regularly entering 
into contracts of employment or employment 
relationships with workers in search of jobs for the 
purpose of placing these workers temporarily at the 
disposal of another business for the performance of 
an assignment. 
The term 'supply of temporary workers' shall also be 
deemed to cover activities engaged in pursuant to 
contracts which, whilst ostensibly relating to 
temporary labour subcontracting, in reality involve 
the delegation of authority to the user 
undertaking. 
(e) Temporary employment business: Any natural or 
legal person entering into temporary employment 
contracts or temporary employment relationships in 
the capacity of employer. 
(c) Temporary worker: Any worker who enters into a 
contracts of employment or an employment 
relationship with a temporary employment business 
for the purpose of carrying out work with a user 
undertaking. 
(d) Permanent worker: Any worker who enters into a 
contract of employment of indefinite duration with 
an employer. (a) Supply of temporary workers: a regular activity for 
the performance of which a temporary employment 
business concludes a temporary employment contract 
with workers in search of jobs for the purpose of 
placing these workers temporarily at the disposal of a 
user undertaking which holds responsibility for the 
performance of the work involved and to which the 
employment business delegates all or part of its 
authority over the workers made available to that 
undertaking. 
(b) Temporary employment business: Any natural or 
legal person entering into temporary employment 
contracts in the capacity of employer. 
(c) Temporary worker: Any worker who concludes a 
contract of employment with a temporary 
employment business involving his temporary 
availability to a user undertaking. 
Deleted. 
21. 5. 84 Official Journal of the European Communities NoC 133/3 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
(f) Temporary employment contract: The contract or 
employment relationship entered into by the 
temporary employment business and the temporary 
worker. 
(g) User undertaking: Any natural or legal person to 
whom workers are supplied within the meaning of 
point (b). 
(h) Labour supply contract: The contract between the 
temporary employment business and the user 
undertaking by virtue of which a temporary worker is 
placed at the disposal of the user undertaking for the 
performance of an assignment. 
(i) Assignment: A temporary job of work performed by 
a temporary worker for a user undertaking. 
(j) Fixed-duration contract of employment: Any contract 
of employment or employment relationship 
establishing a direct legal relationship between a 
worker and an employer, whose termination of 
which is determined by objective conditions such as a 
specified date of expiry, completion of a specified 
task or the occurrence of a specified event. (d) Temporary employment contract: Any contract of 
employment entered into by a temporary 
employment business and a temporary worker by 
virtue of which the worker agrees to be placed at the 
disposal of a user undertaking under a labour supply 
contract. 
(e) User undertaking: Any natural or legal person 
entering into labour supply contracts with a 
temporary employment business. 
(f) Labour supply contract: Any contract between a 
temporary employment business and a user 
undertaking by virtue of which a temporary worker is 
placed at the disposal of the user undertaking for the 
performance of temporary work. 
Deleted. 
(g) Fixed-duration contract of employment: Any 
contract of employment establishing a direct legal 
relationship between a worker and an employer for a 
limited period, the termination of which is 
determined by objective conditions such as a specified 
date of expiry, completion of a specified task or the 
occurence of a specified event. 
SECTION II 
SUPPLY OF TEMPORARY WORKERS 
Article 2 
1. Member States shall ensure that no temporary 
employment business may pursue its activities without 
obtaining authorization from the competent authorities. 
They shall moreover ensure that the activities of 
businesses so authorized are adequately supervised. 
2. Any Member State (host country) may prohibit the 
pursuit of activities within its territory by a temporary 
employment business authorized in another Member 
State (country of origin) if the business concerned does 
not fulfil the specific conditions which the host country 
imposes on its own nationals in the general interest. SECTION II 
SUPPLY OF TEMPORARY WORKERS 
Article 2 
1. Member States shall subject the activities of a 
temporary employment business to authorization by the 
competent authorities. 
2. Applicants for the authorization referred to in 
paragraph 1 shall, at the least, be required: 
(a) to show evidence of adequate financial resources to 
guarantee the payment of remuneration and social 
security contributions; 
(b) to establish the good character of the managers of the 
temporary employment business; 
(c) to provide details of the geographical area, whether 
confined to a single country or cross-frontier in 
character, in respect of which the applicant business 
wishes to be authorized to engage in the supply of 
temporary workers. 
3. Member States shall ensure that businesses which 
they authorize pursuant to this Article are adequately 
supervised and shall provide for the imposition of 
appropriate penalities in the event of such businesses 
failing to meet their obligations. 
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ORIGINAL PROPOSAL AMENDED PROPOSAL 
4. Member States shall keep a register of businesses 
authorized pursuant to this Article to which the public 
shall have access. They shall require all authorized 
businesses to print their authorization number and such 
other details as may be necessary for the identification of 
the authorization granted on all stationery and other 
official documents. 
5. Until such time as more far-reaching harmonization 
becomes feasible, any Member State (host country) may 
prohibit the pursuit of activities within its territory by a 
temporary employment business authorized in another 
Member State (country of origin) if the business 
concerned does not fulfil the specific conditions which the 
host country imposes on its own nationals. 
3. It shall be unlawful to engage in the supply of 
temporary workers without the authorization referred to 
in this Article. Where temporary workers have been 
supplied unlawfully, the user undertaking shall bear a 
secondary liability, in the event of default by the 
temporary employment business, for the social security 
contributions, remuneration and other benefits due to the 
temporary workers concerned including, where 
appropriate, the cost of repatriation. 6. It shall be unlawful to engage in the supply of 
temporary workers without the authorization referred to 
in paragraph 1. Where temporary workers have been 
supplied by an unauthorized employment business, the 
user undertaking shall be jointly liable, in the event of 
default by the employment business, for the social 
security contributions, remuneration, benefits and other 
allowances due to the temporary workers concerned 
including, where appropriate, the cost of repatriation. 
Article 3 Article 3 
1. Labour supply contracts may be concluded only in 
the following circumstances: 
(a) a temporary reduction in the workforce, or 
(b) a temporary or exceptional increase in activity. 1. Labour supply contracts may be concluded only in 
order to cope with a temporary reduction in the 
workforce present in the undertaking or for the 
performance of occasional tasks of a transient nature or 
for other legitimate reasons such as to justify the limited 
duration of the contract. 
2. In cases covered by paragraph 1 (b), the maximum 
duration of each assignment shall be three months, 
renewable once. An extension beyond six months may, 
however, be authorized by the competent authorities 
where it can be shown this is justified by exceptional 
circumstances. 2. Except in cases of temporary reduction in the 
workforce present in the undertaking, the maximum 
duration of each assignment . . . 
Rest: unchanged. 
3. No post shall be occupied by successive temporary 
workers after expiry of the periods fixed in 
paragraph 2. Unchanged. 
4. Member States may derogate from the provisions of 
paragraph 1 where the social benefits accorded by virtue 
of labour law, collective agreements or customary 
industrial practice in the undertaking are enjoyed by 
temporary workers on the same terms as permanent 
workers. 4. Member States may authorize the conclusion of 
labour supply contracts without regard to the limits laid 
down in in paragraphs 1, 2 and 3 where the temporary 
employment contract is a contract of indefinite duration 
or is subject in Member States to the rules governing 
individual and collective dismissals. 
21. 5. 84 Official Journal of the European Communities NoC 133/5 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 4 Article 4 
Temporary workers may not be excluded from social 
security schemes and their contributions and benefits 
shall be calculated on the same basis as for permanent 
workers, subject where applicable to special provisions 
taking into account the duration of employment and /or 
the remuneration received. Temporary workers shall be covered by social security 
schemes and their contributions and benefits shall be 
calculated on the same basis as for permanent workers, 
subject where applicable to special provisions taking into 
account the duration of employment and/or the 
remuneration received. 
Article 5 Article 5 
1. Where a temporary employment contract is not of 
indefinite duration, the duration of employment shall be 
clearly defined in writing in terms either of a specified date 
of expiry or of completion of a specified task or of the 
occurrence of a specified event. 
2. In addition, the nature of the work to be performed, 
the place of work and working hours, the agreed 
remuneration and the allowances to which the temporary 
worker is entitled shall be defined in writing as between 
the temporary employment business and the worker. 
3. In the event of the contract not being duly evidenced 
in writing, it shall be subject to the rules governing 
contracts of employment of indefinite duration. 
4. Clauses prohibiting the conclusion of a contract of 
employment between the user undertaking and the 
temporary worker after the completion of the latter's 
assignment shall be null and void or capable of being 
declared so. 
Clauses compelling the user undertaking to pay 
compensation to the temporary employment business in 
the event of the conclusion of such a contract of 
employment shall likewise be null and void or capable of 
being declared so. 1. Where a temporary employment contract is not of 
indefinite durations, the duration of employment shall 
be defined in writing as between the temporary 
employment business and the temporary worker in terms 
either of a specified date or of completion of a specified 
task or of the occurrence of a specified event. 
2. Inaddition, the nature of the work to be performed, 
the agreed remuneration and the allowances to which the 
temporary worker is entitled shall be defined in writing as 
between the temporary employment business and the 
worker. 
3. Member States shall provide for appropriate 
penalties to be imposed in the event of failure to comply 
with paragraphs 1 and 2. 
4. Member States shall take the necessary steps to 
ensure that clauses prohibiting or preventing the 
conclusion of a contract of employment between the user 
undertaking and the temporary worker after the 
completion of the latter's assignment are null and void or 
capable of being declared so. 
Article 6 Article 6 
Unless laid down within the framework of collective 
agreements concluded within the temporary employment 
business or for the temporary employment sector, the 
remuneration received by a temporary worker shall be 
comparable to that received by workers occupying 
equivalent posts in the user undertaking or that provided 
for in the collective agreement for the sector 
concerned. Unless laid down within, the framework of collective 
agreements concluded within the temporary employment 
business or for the temporary employment sector, the 
remuneration received by a temporary worker shall be 
comparable to that received by workers with equivalent 
occupational skills, experience and duties in the user 
undertaking. 
Article 7 Article 7 
1. In the event of a temporary employment contract 
being terminated by the temporary employment business 
before the date of expiry specified, before completion of 1. In the event of a temporary employment contract 
being terminated unilaterally by the temporary 
employment business before the date specified, before 
NoC 133/6 Official Journal of the European Communities 21. 5. 84 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
the task specified or before occurrence of the event 
specified, the temporary worker shall be entitled to 
compensation equal W the remuneration which he would 
have received had the contract not been terminated 
early. completion of the task specified or before the occurrence 
of the event specified, the temporary worker shall be 
entitled to compensation equal to the remuneration 
which he would have received had the contract not been 
terminated prematurely, except where the temporary 
employment business offers another equivalent 
temporary job for the remaining period. 
2. The provisions of paragraph 1 shall be without 
prejudice to the application of national law concerning 
force majeure or serious misconduct on the part of the 
worker. 2. In the event of a temporary employment contract 
being terminated unilaterally by the temporary worker 
before the date specified, before completion of the task 
specified or before the occurrence of the event specified, 
the temporary employment business shall be entitled 
to make a deduction from the final payment of 
remuneration by way of compensation for any loss 
incurred. 
3. The provisions of paragraphs 1 and 2 shall not 
apply where the temporary employment contract is a 
contract of indefinite duration or is subject in Member 
States to the rules governing individual and collective 
dismissals. 
4. The provisions of paragraphs 1, 2 and 3 shall be 
without prejudice to the application of national laws 
concerning force majeure or serious misconduct on the 
part of the worker or the employer. 
Article 8 
Procedures for informing workers 
The user undertaking shall be required to inform the 
representatives of its employees before having recourse to 
temporary workers on the basis of Article 3 (1) or (4). 
To this end, the user undertaking shall be required to 
communicate in writing to the representatives of its 
employees all pertinent information with regard in 
particular to: 
— the reasons for having recourse to temporary 
workers, except in the case of the application of 
Article 3 (4), 
— the duration of the assignments involved, 
— the number of temporary workers involved, 
— the occupational qualifications required, 
— the intended level of remuneration (information to be 
provided to the user undertaking by the temporary 
employment business, if necessary), 
— the amount to be paid by the user undertaking to the 
temporary employment business, 
— the place and hours of work and the particular nature 
of the jobs to be performed. Article 8 
Title deleted. 
1. When it intends to have recourse to temporary 
workers, the user undertaking shall be required to inform 
the representatives of its workers in good time and, in 
particular, to communicate to them the reasons for 
having recourse to temporary workers, the duration of 
such recourse, the number of temporary workers 
involved and the nature and location of the assignments 
involved. The user undertaking shall answer any 
questions put to it by the representatives of its workers in 
connection with the intended recourse to temporary 
workers. 
2. The information referred to in paragraph 1 shall be 
made available periodically by the user undertaking to the 
representatives of its workers in the form of a general 
report. 
3. Member States shall take all appropriate measures 
to ensure that workers are notified - for instance by 
publication at their place of work - of the provisions 
which enter into force under this Directive, together with 
provisions on this matter already in force. 
21. 5. 84 Official Journal of the European Communities NoC 133/7 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 9 Article 9 
1. Temporary workers shall, for the duration of their 
assignment, be subject to the laws, regulations and 
administrative and collectively agreed provisions, and the 
customary practices in force in the user undertaking as 
regards working conditions. 
2. Working conditions shall include all matters 
relating to working hours, night work, weekly rest 
periods, public holidays, safety and health, and special 
medical surveillance to the extent that the rules in force 
require this for the work in question. 
3. Temporary workers shall have access to any 
communal social facilities provided in the user 
undertaking. 1. Except where the collective agreements concluded 
by temporary employment businesses contain specific 
provisions on this matter, temporary workers shall be 
subject on the same terms as staff of the user undertaking 
to the laws, regulations and administrative and 
collectively agreed provisions and/or customary 
practices in force in that undertaking as regards working 
conditions within the meaning of paragraph 2. 
2. Working conditions shall include all matters 
relating to shift work, night work, weekly rest periods, 
work schedules, public holidays, safety and health, and 
industrial medicine to the extent that the rules in force 
require special medical surveillance for the work in 
question. 
3. Temporary workers shall have access on the same 
terms as staff of the user undertaking to any communal 
transport services and communal facilities such as 
canteen facilities provided for such staff. 
Article 10 Article 10 
Temporary workers supplied on the basis of 
Article 3 (1) (b) or (4) shall be deemed to form part of the 
user undertaking's workforce for the purposes of 
determining such of that undertaking's social obligations 
under law, collective agreements or customary industrial 
practice in the undertaking as are linked to the number of 
workers employed. Temporary workers supplied on the basis of Article 3, 
calculated as an annual average, shall be included in the 
user undertaking's workforce for the purposes of 
applying such provisions of laws and regulations as are 
based on the number of workers employed in the 
undertaking. 
Article 11 
Temporary workers shall not be recruited or used to 
perform duties of employees who are on strike. Article 11 
Member States shall take the necessary steps to prohibit 
the use of temporary workers to perform the duties of 
workers of the user undertaking in the event of a strike or 
lockout in that undertaking. 
SECTION HI 
SPECIAL PROVISIONS SECTION III 
SPECIAL PROVISIONS 
Article 12 Article 12 
1. Member States shall exchange all information on 
the supply of temporary workers by employment 
businesses. 
To this end, they shall designate liaison offices, either 
assigning this task to an existing body or creating a new 
body for the purpose. The relevant details shall be 
communicated to the other Member States and the 
Commission. 1. Member States shall exchange information on the 
cross-frontier supply of temporary workers. To this end, 
they shall designate liaison offices, either assigning this 
task to an existing body or creating a new body for the 
purpose. The relevant details shall be communicated to 
the other Member States and the Commission. 
2. The liaison offices shall exchange information 
relating to; 
No C 133/8 Official Journal of the European Communities 21. 5. 84 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
— laws, regulations and administrative provisions in 
force with regard to the supply of temporary 
workers, 
— any amendments thereto. 
3. Each liaison office shall inform the liaison offices in 
the other Member States as quickly as possible of 
decisions concerning the refusal, suspension or 
withdrawal of authorization. The liaison offices shall 
further inform each other of any abuses arising in 
connection with the application of laws, regulations and 
administrative provisions on the supply of temporary 
workers. 
4. The information referred to in paragraph 3 shall 
also be communicated, for information purposes, to the 
European Coordination Office and the Technical 
Committee on the Free Movement of Workers established 
by Council Regulation (EEC) No 1612/68 (J). 2. Each liaison office shall inform the liaison offices in 
the other Member States as quickly as possible of 
decisions concerning the granting, refusal, suspension or 
withdrawal of authorization. The liaison offices shall 
further inform each other of any abuses detected in 
connection with the application of laws, regulations and 
administrative provisions as regards the cross-frontier 
supply of temporary workers. 
3. The information referred to in paragraph 2 shall be 
communicated, for information purposes, to the 
European Coordination Office and the Technical 
Committee on the Free Movement of Workers established 
by Council Regulation (EEC) No 1612/68 (*). 
Article 13 Article 13 
1. Member States shall, with a view more particularly 
to ensuring effective mutual assistance in administrative 
matters, take the necessary steps to establish genuine 
coordination and cooperation between the authorities 
responsible for matters concerned with the supply of 
temporary workers. 
2. The assistance referred to in paragraph 1 shall 
consist in particular in replying directly and without 
undue delay to any reasoned request for information 
concerning problems with regard to the supply of 
temporary workers, apparent abuses and possible cases 
of unlawful cross-frontier activities within the meaning of 
this Directive Mutual administrative assistance shall be 
provided free of charge. 
3. The authorities of the Member States shall assist 
each other in connection with: 
— the consideration of applications for authorization to 
engage in the supply of temporary workers, 
— the supervision of authorized temporary employment 
businesses, 
— the prosecution of unauthorized temporary 
employment businesses, 
— the detection and prosecution of businesses engaged 
in the supply of temporary workers under cover of 
temporary labour subcontracting, 
— the payment of the unsatisfied claims of temporary 
workers carrying out assignments in a Member State 
other than that in which the temporary employment 
business has been declared insolvent in accordance 
with Council Directive 80/987/EEC (2). 1. Member States shall ensure cooperation between 
the authorities responsible for matters concerned with the 
supply of temporary workers, with a view more 
particularly to ensuring effective assistance in 
administrative matters. 
2. The assistance referred to in paragraph 1 shall 
consist in particular in replying without undue delay to 
any reasoned request for information concerning 
problems with regard to the cross-frontier supply of 
temporary workers, apparent abuses or possible cases of 
unlawful cross-frontier activities. Mutual administrative 
assistance shall be provided free of charge. 
3. The authorities of the Member States shall assist 
each other in connection with: 
— the consideration of applications for authorization to 
engage in the cross-frontier supply of temporary 
labour in accordance with Article 2 (2) (c), 
— the supervision of temporary employment businesses 
authorized to engage in such activities, 
— the prosecution of temporary employment businesses 
engaging in such activities without authorization, 
— the detection and prosecution of businesses engaging 
in the disguised cross-frontier supply of temporary 
workers under cover of contracts for work or services 
or temporary labour subcontracting, 
— ensuring the proper application of Article 2 (3) in all 
cases involving the cross-frontier supply of temporary 
workers. 
(») OJ No L 257, 19. 10. 1968, p. 2. 
(2) OJ No L 283, 28. 10. 1980, p. 23. 0) OJ No L 257, 19. 10. 1968, p. 2. 
21. 5. 84 Official Journal of the European Communities NoC 133/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Article 14 unchanged 
SECTION IV 
FIXED-DURATION CONTRACTS SECTION IV 
FIXED-DURATION CONTRACTS OF EMPLOYMENT 
Article 15 
1. An employer may conclude a fixed-duration 
contract of employment only in the following 
circumstances: 
(a) to cope with a temporary reduction in the 
workforce; 
(b) to cope with a temporary or exceptional increase in 
activity or seasonal activities; 
(c) for the execution of a clearly defined occasional task 
of a transient nature; 
(d) where the special nature of the work is such as to 
justify the conclusion of fixed-duration contracts and 
contracts of employment of indefinite duration are 
not customary; 
(e) in connection with the launching of a new activity of 
uncertain duration. 
2. Member States may exclude certain contracts of 
employment - or employment relationships - from the 
application of this Section by reason of their special 
nature or of the special needs of certain sectors of activity. 
Such contracts are listed in an Annex to this Directive. 
3. In the event of a breach of the above provisions, the 
contract of employment shall be deemed to be of 
indefinite duration. 
4. Member States may derogate from the provisions of 
paragraphs 1 and 3 where workers engaged on 
fixed-duration contracts enjoy the social benefits 
accorded to permanent workers by virtue of labour law, 
collective agreements or the customary industrial practice 
of the undertaking. Article 15 
1. An employer may conclude a fixed-duration 
contract of employment with a worker only in order to 
cope with a temporary reduction in the workforce present 
in the undertaking or for the performance of occasional 
tasks of a transient nature or for other legitimate reasons 
such as to justify the limited duration of the contract. 
2. Where the employer fails to comply with the 
provisions of paragraph 1, the contract of employment 
shall be deemed to have been concluded for an indefinite 
period'. 
3. Member States may authorize the conclusion of 
fixed-duration contracts of employment without regard 
to the limitations referred to in paragraph 1 where such 
contracts are subject to the rules governing contracts of 
employment of indefinite duration, and in particular 
those applicable in the event of individual or collective 
dismissals. 
Article 16 
1. The duration of employment shall be clearly 
defined in writing in terms either of a specified date of 
expiry or of completion of a specified task or of the 
occurrence of a specified event. 
2. In addition, the nature of the work to be performed, 
the place of work and working hours, the agreed 
remuneration and the workers' entitlements with regard 
to annual holiday payments shall be defined in writing as 
between the employer and the worker; the document 
setting out this information shall also specify the duration 
of any probationary period. Article 16 
1. The duration of the contract of employment shall 
be defined in writing in terms either of a specified date or 
of completion of a specified task or of the occurrence of a 
specified event. 
2. In addition, the nature of the work to be performed, 
the place of work and working hours, the agreed 
remuneration, the workers' entitlements with regard to 
annual holiday payments and the conditions governing 
early termination shall be defined in writing as between 
the employer and the worker; the document setting out 
this information shall also specify the duration of any 
probationary period. 
NoC 133/10 Official Journal of the European Communities 21. 5. 84 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
3. In the event of the contract not being duly evidenced 
in writing, it shall be subject to the rules governing 
contracts of employment of indefinite duration, except 
where the terms and conditions of employment of a 
specified category of workers are defined by a collective 
agreement. 3. In the event of the contract not being duly evidenced 
in writing, it shall be subject to the rules governing 
contracts of employment concluded for an indefinite 
period. 
Article 17 Article 17 
Unless laid down within the framework of collective 
agreements concluded within the undertaking or at 
sectoral level, the remuneration of workers on 
fixed-duration contract shall not be less than that received 
by permanent workers occupying equivalent posts. Unless laid down within the framework of collective 
agreements concluded within the undertaking or at 
sectoral level, the remuneration of workers shall not be 
less than that paid to workers under contracts concluded 
for an indefinite period with equivalent occupational 
skills, experience and duties. 
Article 18 Artile 18 
1. In the event of a fixed-duration contract being 
terminated by the employer before the date of expiry 
specified, before completion of the task specified or 
before the occurrence of the event specified, the worker 
shall be entitled to compensation equal to the 
remuneration which he would have received had the 
contract not been terminated early. 1. In the event of a fixed-duration contract of 
employment being terminated unilaterally by the 
employer before the date specified, before completion of 
the task specified or before the occurrence of the event 
specified, the worker shall be entitled to compensation 
equal to the remuneration which he would have received 
had the contract not been terminated prematurely, except 
where the rules governing dismissals are applicable to this 
type of contract. 
2. In the event of a fixed-duration contract of 
employment being terminated unilaterally by the worker 
before the date specified, before completion of the task 
specified or before the occurrence of the event specified, 
the employer shall be entitled to make a deduction from 
the final payment of remuneration by way of 
compensation for any loss incurred. 
2. The provisions of paragraph 1 shall be without 
prejudice to the application of national law concerning 
force majeure or serious misconduct on the part of the 
worker. 3. The provisions of paragraphs 1 and 2 shall be 
without prejudice to the application of national laws 
concerning force majeure or serious misconduct on the 
part of the employee or the employer. 
Article 19 unchanged 
Article 20 Article 20 
Workers on fixed-duration contracts shall be deemed to 
form part of the workforce for the purposes of 
determining such of the undertaking's social obligations 
under law, collective agreements or customary industrial 
practice in the undertaking as are linked to the number of 
workers employed. Workers on fixed-duration contracts of employment, 
calculated as an annual average, shall be included in the 
workforce for the purposes of applying such provisions of 
laws and regulations as are based on the number of 
workers employed in the undertaking. 
21. 5. 84 Official Journal of the European Communities NoC 133/11 
ORIGINAL PROPOSAL 
Article 21 
Workers employed on limited-duration contracts shall 
not be recruited or used to perform the duties of 
employees who are on strike. 
SECTION V 
FINAL PROVISIONS 
Article 22 shall read as follows: 
Article 22 
1. Member States shall bring into force the necessary 
laws, regulations and administrative provisions to 
comply with this Directive not later than 1 January 1984 
and shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the laws, regulation and 
administrative provisions which they adopt in the field 
covered by this Directive. 
Article 23 
Within two years following expiry of the period laid 
down in Article 22, Member States shall transmit all 
relevant information to the Commission in order to 
enable it to draw up a report on the application of this 
Directive for submission to the Council. 
Article 24 
This Directive is addressed to the Member States. AMENDED PROPOSAL 
Article 21 
Member States shall take the necessary steps to ensure 
that the use of workers on fixed-duration contracts of 
employment to perform the duties of other workers of the 
undertaking is prohibited in the case or a strike of lockout 
in that undertaking. 
SECTION V 
FINAL PROVISIONS 
Article 22 
This Directive shall not apply to sea transport where 
shipping companies and seafarers' unions have concluded 
collective agreements for recruitment through a central 
labour supply office which provides the workers 
concerned with protection equivalent to that resulting 
from the Directive. 
Article 23 
1. Member States shall bring into force the necessary 
laws, regulations and administrative provisions to 
comply with this Directive within two years following its 
adoption. They shall forthwith inform the Commission 
thereof. 
2. Member States shall communicate to the 
Commission the texts of the laws, regulations and 
administrative provisions which they adopt in the field 
covered by this Directive. 
Article 24 
Within two years following expiry of the period laid 
down in Article 23, Member States shall transmit all 
relevant information to the Commission in order to 
enable it to draw up a report on the application of this 
Directive for submission to the Council. 
Article 25 
This Directive is addressed to the Member States.