COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 23.07.1997 
COM(97) 392 final 
97/0221 (PRT) 
Proposal for a 
COUNCIL DIRECTIVE 
CONCERNING THE FRAMEWORK AGREEMENT ON 
PART-TIME WORK 
CONCLUDED BY UNICE, CEEP AND THE ETUC 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
Introduction 
1. The importance of new forms of flexible working, especially part-time work, has 
increased substantially over recent years, and the trend continues on national 
employment markets. 
2. On 29 June 1990, the Commission submitted three proposals for Council Directives 
on certain employment relationships (e.g. part-time and temporary work)1. 
3. The Economic and Social Committee gave its opinion on 20.9.19902, while the 
European Parliament gave its opinion on 24.10.19903. In accordance with Article 
149 of the Treaty, the Commission submitted an amended proposal4 to the Council 
on 7.11.1990, incorporating certain of the amendments suggested by Parliament. 
4. These proposals were subsequently discussed within the Council on various 
occasions between 1990 and 1994. Of the three proposals, only Council Directive 
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"5 was ever adopted. 
5. In July 1994, the Commission published its White Paper on the future of European 
social policy, in which the Commission reaffirms its determination to make progress 
in the social policy field and indicates, in Chapter III, that the highest priority must 
be to ensure that the proposals on atypical work are adopted by the Council: "The 
measures adopted will need to take account of the principles of the ILO Convention 
on part-time work adopted in June 1994. If no progress can be made in the Council 
on the basis of the current proposals by the end of 1994, the Commission will 
initiate consultations with the social partners under the Agreement on social policy." 
6. The conclusions of the Essen European Council emphasised the need to take steps to 
improve the employment situation and equality of opportunity for men and women, 
and called for measures aimed at "increasing the employment-intensiveness of 
growth, in particular by more flexible organisation of work in a way which fulfils 
both the wishes of employees and the requirements of competition". 
1 </OM(90) 228 final, 29.6.19%; OJ C 224, 8.9.1990, p. 8. 
: O.IC332, 31.12.1990, p. 167. 
•] OJC 295, 26.1 1.1990, p. 112. 
4 COM(90) 533 final; OJC 305, 5.12.1990, p. 12. 
5 OJL 206, 29.7.1991, p. 19. 
7. As no progress has been made in the Council, the Commission decided to initiate 
the procedure under Article 3-of the Agreement on social policy. On 27 September 
1995, it therefore gave its approval for consultation of the social partners under 
Article 3(2) of the said Agreement. By the end of a six-week consultation period, the 
Commission had received 22 replies. 
I. The replies from the social partners showed that there was a broad measure of 
support for the fundamental guiding principle of non-discrimination of workers 
affected by the new, flexible forms of work, guaranteeing them the same treatment 
as for full-time workers with open-ended contracts. Although the respondents' 
views differed considerably as to the form and appropriate level of action to be 
taken in this area, most of the social partners said they were prepared to play an 
active part in defining the principles and putting them into effect, more especially by 
way of collective bargaining at the appropriate level. 
). After analysing the reactions, the Commission considered Community action 
advisable and decided, on 9 April 1996, to initiate the second round of consultation 
of the social partners provided for in Article 3(3) of the Agreement on social policy. 
On 19 June 1996, three organisations (UNICE, CEEP and the ETUC) announced 
their intention of starting negotiations on this subject, concentrating initially on part-
time work. On 12 March 1997, they asked the Commission for a further three 
months by virtue of Article 3(4) of the Agreement on Social Policy. The 
Commission concurred. At the end of these negotiations, the three organisations 
concluded a framework Agreement on 6 June 1997. They forwarded the agreement 
to the Commission, asking for it to be implemented by a Council decision on a 
proposal from the Commission in accordance with Article 4(2) of the Agreement on 
social policy. 
0. The social partners also requested the Commission, in its proposal to implement the 
agreement, to: 
request that Member States adopt the laws, regulations and administrative 
provisions within two years from adoption of the decision, or to ensure, within the 
meaning of Article 2(4) of the Agreement on social policy annexed to the Treaty 
establishing the European Community, that the social partners establish the 
necessary measures by way of agreement by the end of this period; and 
make provision for Member States to have, if necessary to take account of particular 
difficulties or implementation by collective agreement, up to one additional year to 
comply with the decision. 
1. Although the document which was the subject of the second round of consultation 
was concerned with "the flexibility of working time and security for workers" 
(forms of employment other than full-time, open-ended employment), the social 
partners wanted to give particular attention to part-time work, indicating that it was 
their intention to consider the need for similar agreements covering other forms of 
work. 
EXAMINATION OF THE AGREEMENT 
12. In its Communication concerning the application of the Agreement on social 
policy1, the Commission stressed that "by virtue of its role as guardian of the 
Treaties the Commission will prepare proposals for decisions to the Council 
following consideration of the representative status of the contracting parties, 
their mandate and the "legality" of each clause in the collective agreement in 
relation to Community law, and the provisions regarding small and medium-
sized undertakings set out in Article 2(2). At all events, the Commission intends 
to provide an explanatory memorandum on any proposal presented to the 
Council in this area, giving its comments and assessment of the agreement 
concluded by the social partners". 
i. REPRESENTATIVENESS OF THE CONTRACTING PARTIES AND THEIR RESPECTIVE 
MANDATES 
13. The organisations which are signatory to the agreement are UNICE, CEEP and 
the ETUC. These three organisations have, since 1985, been engaged in an 
autonomous and voluntary process known as the "Val Duchesse" social dialogue. 
This has resulted in a total of 15 joint opinions, 2 recommendations, 3 agreements 
and 4 declarations. In particular, they came up with a significant agreement in 
October 1991 with a view to defining the role and place of the social dialogue 
within the new Community framework. Articles 3 and 4 of the Agreement on 
social policy drew very largely on this agreement. 
14. The three organisations all meet the following criteria, as laid down in the 
Commission's Communication (point 24): 
- they are cross-industry and are organised at European level; 
- they consist of organisations which are themselves an integral and recognised 
part of Member State social partner structures, have the capacity to negotiate 
agreements and are representative of all Member States; 
- they have appropriate structures to ensure their effective participation in 
implementing the Agreement on social policy. 
15. These three organisations are the only three general cross-industry organisations 
within the meaning of Annex 2 to the Commission's Communication. The study 
on the social partners arrives at a number of conclusions (annexed to the 
Communication) with regard to the representative status of employers' and trade 
union organisations. In Chapter D.II of its Communication concerning the 
development of the social dialogue at Community level2, the Commission said it 
"would like to encourage the European and social partner organisations to co­
operate more closely in finding a solution to this question (of 
representativeness)". 
1 COM(93) 600, 14.12.1993. 
2 COM(96) 448 final, 18.9.1996. 
EMPLOYERS' ORGANISATIONS 
16. The employers' federation which is most representative of all industrial sectors and 
categories of enterprises is UNICE. In all the Member States, the organisations 
affiliated to the UNICE are by far the most representative cross-industry employers' 
federations. All the affiliated organisations at national level are directly or indirectly 
involved in collective bargaining and participate in the International Labour 
Conference. CEEP provides significant representation of public enterprises or 
enterprises with public participation in the Member States. 
TRADE UNION ORGANISATIONS 
17. By far the most representative cross-industry trade union confederation is the 
ETUC. Its affiliated organisations are the most representative cross-industry trade 
union confederations in all the Member States. All its affiliated organisations at 
national level are directly or indirectly involved in collective bargaining and 
participate in the International Labour Conference. 
Conclusion 
18. The Commission notes that the members of these three organisations at national 
level have given the three a specific mandate for negotiations on part-time work and 
have ratified the framework agreement. The three organisations have concluded the 
framework agreement on behalf of their national members. 
19. The Commission concludes that these three organisations fulfil the condition of 
representativeness which it had undertaken to verify before forwarding its proposal. 
ii. "LEGITIMACY" OF THE CLAUSES CONCERNING THE ROLE OF THE NON-SIGNATORY 
SOCIAL PARTNERS AND THEIR MEMBERS 
20. A number of other social partners who were consulted by the Commission expressed 
a desire to take part in the negotiations. The Commission has been informed of the 
exchange of letters and discussions between the signatory social partners and these 
others. It has also been informed of the participation, within the UNICE delegation, 
of experts from three sectoral social partners' organisations. 
21. The Commission has forwarded the framework agreement to all the organisations 
which it had previously consulted or informed, and has organised a meeting for the 
exchange of information and for dialogue with them. 
22. Certain organisations have contested the representative status of contracting parties 
and maintained that the framework agreement does not take into account the 
interests of certain sectors or categories of enterprises. On the contrary, other 
organisations have underlined the flexible character of the provisions of the 
agreement that will allow account to be taken, when transposing it into national law, 
of the specific needs of certain sectors or sub-sectors. 
23. Having verified the relevant clauses, the Commission feels that the framework 
agreement makes reference on a number of occasions to the social partners "at the 
appropriate level" and to "national law, collective agreements or practice", and thus 
very largely preserves the role of the non-signatory social partners and their 
members at national level. 
iii. PROVISIONS REGARDING SMALL AND MEDIUM-SIZED ENTERPRISES 
24. Article 2(2) of the Agreement on social policy provides that legislation on social 
policy shall avoid imposing administrative, financial and legal constraints in a way 
which would hold back the creation and development of small and medium-sized 
undertakings (or enterprises). 
25. The specific situation of SMEs was given special attention when the text of the 
framework agreement was drawn up. Specific reference is made to SMEs, as 
follows : 
General consideration 7: "Whereas this agreement takes into consideration the need 
to improve social policy requirements, to enhance the competitiveness of the 
Community economy and to avoid imposing administrative, financial and legal 
constraints in a way which would hold back the creation and development of small 
and medium-sized undertakings". 
26. Clearly, the agreement does not provide for any exception to be made to the basic 
principle of non-discrimination in favour of SMEs. However, clause 1 (B) sets out as 
a fundamental objective of the agreement the development of part-time work and the 
flexible organisation of working time. Within this framework, clauses 5(1) and (2) 
establish the need to eliminate by law or agreement any legal and administrative 
obstacles which might militate against part-time working. Although the reference to 
the development of part-time work relates to all undertakings in general, regardless 
of their size and staff, it is evident that SMEs should derive the greatest benefit from 
such a provision. 
27. A number of clauses (2(2), 3(3), 4(3), 4(4), 6(2)) refer to national laws, collective 
agreements or practice and/or to the social partners at the appropriate level, leaving 
plenty of room for manoeuvre at enterprise level. Despite not explicitly mentioning 
SMEs, these provisions do enable national provisions to be adopted if necessary to 
take account of their special needs. 
2X. These provisions show thai the social partners are keen to encourage new, flexible 
ways of organising work and time which are better suited to the changing needs of 
society and which should take the needs of both enterprises and workers into 
account (general considerations 4 and 5). 
29. The Commission therefore concludes that the framework agreement complies with 
the provisions concerning small and medium-sized enterprises. In drawing it up, the 
social partners provided scope for the special circumstances of SMEs to be taken 
into account, particularly when the agreement is being transposed into national law. 
iv. "LEGALITY" OF THE CLAUSES OF THE AGREEMENT 
30. The Commission has carefully examined each of the clauses of the 
framework agreement and does not find any provisions contrary to Community law. 
The fact that the agreement provides for obligations on the Member States does not 
undermine its legality. On the contrary, it follows from the second declaration 
annexed to the Agreement on social policy8 that the second of the arrangements for 
applying agreements between management and labour at Community level is likely 
to create obligations for the Member States. The obligations imposed on Member 
States do not derive directly from the agreement between the social partners but 
from the arrangement for applying the agreement. Section (V) contains the 
Commission's assessment of the content of the agreement. 
v. ASSESSMENT OF THE AGREEMENT 
31. In the light of the conclusions of the Essen European Council and of subsequent 
European Councils, the Commission considers part-time work to be an important 
factor in promoting employment and equal opportunities for women and men. It also 
helps to boost the employment-intensity of growth, more particularly by way of 
more flexible working patterns designed to meet both workers' desires and the 
requirements of competition. As a result, the Commission asked the social partners 
for their reactions to this more broadly based approach. The social partners" 
contribution is positive in itself in that it guarantees that consideration is given both 
to business competitiveness and to the interests of workers. 
32. The Commission wholeheartedly endorses the aims of the social partners' 
framework agreement and sees it as an important step in two respects. 
33. Firstly, minimum standards with regard to part-time work are a big step forward in 
creating a minimum set of fundamental rights of workers. One effect is to promote 
equal opportunities for men and women. Sharing of family responsibilities between 
parents is a key element in the strategies designed to improve equality in the labour 
market. 
34. Secondly, the agreement also contributes to implementing the conclusions of the 
Essen European Council in terms of the introduction of new, flexible ways of 
organising work. Such flexibility must meet the needs of enterprises and help them 
to become more competitive to cope with international competition. It must also 
take account of the interests of workers by enabling them to tailor their working 
hours more closely to their needs. An agreement between the social partners on this 
matter as a result of negotiations between employers and workers is the right vehicle 
for reconciling the interests of the two parties. 
"The eleven High Contracting Parties declare that the first of the arrangements for application of the 
agreements between management and labour at Community level - referred to in Article 4(2) - will 
consist in developing, by collective bargaining according to the rules of each Member State, the 
content of the agreements, and that consequently this arrangement implies no obligation on the 
Member Slates to apply the agreements directly or to work out rules for their transposition, nor any 
obligation to amend national legislation in force to facilitate their implementation." 
35. The Commission considers that all the conditions are fulfilled for forwarding a 
proposal designed to implement the framework agreement between the social 
partners by way of a Council decision. 
THE COMMISSION'S PROPOSAL 
36. In its Communication of 14 December 1993, the Commission stated that 
"implementing an agreement concluded at Community level by means of a Council 
decision on a proposal from the Commission at the joint request of the social 
partners would give the Council no opportunity to amend the agreement. For this 
reason, the Commission will merely propose, following examination of the 
agreement between the social partners, the adoption of a decision on the agreement 
as concluded". In the present case, the proposed instrument is a Directive. It 
therefore contains the standard clauses relating to the implementation of the 
Directive at national level. 
37. The Commission also took the view that "the Council decision must be limited to 
making binding provisions of the agreement concluded between the social partners, 
so the text of the agreement would not form part of the decision but would be 
annexed thereto". 
38. Finally, the Commission announced that "if the Council decides, in accordance with 
the procedure set out in the last subparagraph of Article 4(2), not to implement the 
agreement as concluded by the social partners, the Commission will withdraw its 
proposal for a decision and will examine, in the light of the work done, whether a 
legislation instrument in the area in question would be appropriate". 
39. Hence, the Commission has not incorporated the text of the agreement in its 
proposal but simply annexed it thereto. Moreover, it reiterates that, if the Council 
amends the agreement concluded between the social partners, it will withdraw its 
proposal. 
i. LEGAL BASIS 
40. Article 4(2) of the Agreement on social policy provides that "agreements concluded 
at Community level shall be implemented, in matters covered by Article 2, at the 
joint request of the signatory parties, by a Council decision on a proposal from the 
Commission". The agreement on part-time work relates to working conditions, 
which come under Article 2(1) of the Agreement on social policy. This is one of the 
areas where the Council may act by a qualified majority. As a result, Article 4(2) is 
the proper legal basis for the Commission's proposal. 
41. That Article does not provide for consultation of the European Parliament on 
requests addressed to the Commission by the social partners. However, in 
accordance with the undertaking in its Communication, the Commission has kept 
Parliament informed about the various phases of consultation of the social partners. 
It is also forwarding this proposal to Parliament so that it can deliver its opinion to 
the Commission and the Council if it so wishes. The same applies to the Economic 
and Social Committee. 
ii. THEFORMTHEINSTRUMEINTISTOTAKE 
42. The term "decision" within the meaning of Article 4(2) of the Agreement on social 
policy refers to one of the binding legislative instruments under Article 189 of the 
Treaty. It is up to the Commission to propose to the Council the most appropriate of 
the three binding instruments under the said Article (regulation, directive or 
decision). In this case, given the nature (framework agreement) and the content of 
the social partners' document, it is clear that the framework agreement is intended to 
be applied indirectly by means of provisions to be transposed into national law by 
the Member States and/or the social partners. Hence, in that case, the most suitable 
instrument for its application is a Council Directive. Moreover, in accordance with 
the undertakings it has given, the Commission considers that the text of the 
agreement should not be part of the directive but should be annexed thereto. 
43. The Commission's comments on the Articles in its proposal are given below. 
Article 1 
This article confines itself to making the framework agreement between the social 
partners obligatory in order to enable it to be implemented by a Council decision 
under Article 4(2) of the Agreement on social policy. 
Articles 2-6 
Article 2(1) says that the provisions of the Directive prescribe only minimum 
requirements, giving Member States the chance to adopt stricter measures in the 
relevant field. 
Article 2(2) is a "non-regression" standard clause that affects Member States which 
have, at the time of adoption of the Directive, a higher level of protection than that 
guaranteed by the framework agreement. What this clause means is that there should 
be no lowering of the general level of protection for workers when the Community 
Directive is adopted. However, it offers Member States the possibility of adopting 
different measures as required by their economic and social policies, subject to 
observance of the minimum requirements prescribed by the framework agreement. It 
is at any rate clear that the Member States' room for manoeuvre covers only a level 
of protection exceeding that guaranteed by the Directive. 
Article 3 is a non-discrimination clause in accordance with the undertaking given by 
the Commission in its Communication9 on racism, xenophobia and antisemitism. In 
this connection, the solemn declaration adopted by the social partners in Florence in 
October 1995 on the prevention of racial discrimination and xenophobia and the 
promotion of equal opportunities at work should also be borne in mind. 
Article 4 obliges Member States to provide penalties which are effective, 
commensurate with the infringement and constitute a sufficient deterrent. In 
applying Community law, it is necessary, as in every legal system, on the one hand 
that those bearing obligations resulting from this law are dissuaded from infringing 
COM(95) 653 final, 13.12.1995. 
it and, on the other, that those who do not respect Community law are duly 
penalised. 
Articles 5 and 6 contain the usual provisions for transposition into the national law 
of the Member States. 
JUSTIFICATION FOR THE DIRECTIVE IN RESPECT OF SUBSIDIARITY 
44. The proposal for a Council Directive concerning the framework agreement on part-
time work concluded by UNICE, CEEP and the ETUC complies with the principle 
of subsidiarity as regards its two criteria, namely necessity and proportionality, as 
laid down in Article 3(b) of the Maastricht Treaty. 
45. The first criterion, namely, the need to undertake Community action, is justified by 
the fact that the social partners, under the procedure provided for in Article 3 of the 
Agreement on social policy, have agreed that it is necessary to undertake action at 
Community level and have requested the implementation of their Community-level 
agreement through a Council decision based on a proposal from the Commission, 
pursuant to Article 4(2) of the Agreement on social policy. Moreover, this initiative 
is in keeping with the conclusions of the Essen European Council of December 1994 
and its follow-up. 
46. The Council Directive corresponds to the requirement of proportionality in so far as 
it only defines the major objectives to be attained by Member States, while allowing 
the social partners and not the Community to decide on the content. 
CONCLUSION 
47. The Council is requested to adopt the proposal for a Directive concerning the 
framework agreement on part-time work concluded by UNICE, CEEP and the 
ETUC. 
PROPOSAL FOR A COUNCIL DIRECTIVE 
concerning the framework agreement on part-time work 
concluded by UNICE, CEEP and the ETUC 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Agreement on social policy annexed to the Protocol (No 14) on 
social policy, annexed to the Treaty establishing the European Community and, in 
particular, Article 4(2) thereof, 
Having regard to the proposal from the Commission 10 
Whereas on the basis of the Protocol on social policy annexed to the Treaty establishing 
the European Community, the Member States, with the exception of the United Kingdom 
of Great Britain and Northern Ireland (hereinafter referred to as "the Member States"), 
wishing to continue along the path laid down in the 1989 Social Charter, have concluded 
an agreement on social policy; 
Whereas management and labour (the social partners) may, in accordance with Article 
4(2) of the Agreement on social policy, request jointly that agreements at Community 
level be implemented by a Council decision on a proposal from the Commission; 
Whereas point 7 of the Community Charter of the Fundamental Social Rights of Workers 
provides inter alia that "the completion of the internal market must lead to an 
improvement in the living and working conditions of workers in the European 
Community. This process must result from an approximation of these conditions while 
the improvement is being maintained, as regards in particular (...) forms of employment 
other than open-ended contracts, such as fixed-term contracts, part-time working, 
temporary work and seasonal work"; 
Whereas the Council has been unable to reach a decision on the proposal for a Directive 
on certain employment relationships with regard to distortions of competition", as 
amended12, nor on the proposal for a Directive on certain employment relationships with 
regard to working conditions13; 
10 OJC... 
11 OJC 224, 8.9.1990, p. 6. 
12 COM(90) 533 final; OJ C 305, 5.12.1990, p. 8. 
13 OJC 224, 8.9.1990, p. 4. 
10 
Whereas the conclusions of the Essen European Council stressed the need to take 
measures to promote employment and equal opportunities for women and men, and 
called for measures with a view to "increasing the employment-intensiveness of growth, 
in particular by a more flexible organisation of work in a way which fulfils both the 
wishes of employees and the requirements of competition"; 
Whereas the Commission, in accordance with Article 3(2) of the Agreement on social 
policy, has consulted management and labour on the possible direction of Community 
action with regard to flexible working time and job security; 
Whereas the Commission, considering after such consultation that Community action 
was desirable, once again consulted management and labour on the substance of the 
envisaged proposal in accordance with Article 3(3) of the said Agreement; 
Whereas the general cross-industry organisations [the Union of Industrial and 
Employers' Confederations of Europe (UNICE), the European Centre of Enterprises with 
Public Participation (CEEP) and the European Trade Union Confederation (ETUC)J 
informed the Commission in their joint letter of 19 June 1996 of their desire to initiate 
the procedure provided for in Article 4 of the said Agreement; whereas they asked the 
Commission, in a joint letter dated 12 March 1997, for a further three months; whereas 
the Commission complied with this request; 
Whereas the said cross-industry organisations concluded, on 6 June 1997, a framework 
agreement on part-time work; whereas they forwarded to the Commission their joint 
request to implement the framework agreement by a Council decision on a proposal from 
the Commission, in accordance with Article 4(2) of the said Agreement; 
Whereas the Council, in its Resolution of 6 December 1994 on "prospects for a European 
Union social policy: a contribution to economic and social convergence in the Union"14, 
asked management and labour to make use of the opportunities for concluding 
agreements, since they are as a rule closer to social reality and to social problems; 
Whereas the contracting parties wished to conclude a framework agreement on part-time 
work setting out the general principles and minimum requirements for part-time working; 
whereas they have demonstrated their desire to establish a general framework for 
eliminating discrimination against part-time workers and to contribute to developing the 
potential for part-time work on a basis which is acceptable for employers and workers 
alike; 
Whereas the social partners wished to give particular attention to part-time work, while at 
the same time indicating that it was their intention to consider the need for similar 
agreements for other flexible forms of work; 
Whereas, in the conclusions of the Amsterdam European Council, the Heads of State and 
Government of the European Union strongly welcomed the agreement concluded by the 
social partners on part-time work; 
14 OJC 368, 23.12.1994, p. 6. 
11 
Whereas the proper instrument for implementing the framework agreement is a directive 
within the meaning of Article 189 of the Treaty; whereas it therefore binds the Member 
States as to the result to be achieved, whilst leaving them the choice of form and 
methods; 
Whereas, in accordance with the principles of subsidiarity and proportionality as set out 
in Article 3(b) of the Treaty, the objectives of this Directive cannot be sufficiently 
achieved by the Member States and can therefore be better achieved by the Community; 
Whereas this Directive limits itself to the minimum required for the attainment of those 
objectives and does not go beyond what is necessary for that purpose; 
Whereas the Commission has drafted its proposal for a Directive, in accordance with its 
Communication of 14 December 199315 concerning the application of the Agreement on 
social policy and its Communication of 18 September 199616 concerning the 
development of the social dialogue at Community level, taking into account the 
representative status of the contracting parties, their mandate and the legality of each 
clause of the framework agreement; 
Whereas the Commission has drafted its proposal for a Directive taking into account 
compliance with Article 2(2) of the Agreement on social policy which provides that 
directives in the social policy domain "shall avoid imposing administrative, financial and 
legal constraints in a way which would hold back the creation and development of small 
and medium-sized undertakings"; 
Whereas the Commission, in accordance with its Communication concerning the 
application of the Agreement on social policy, informed the European Parliament by 
sending it the text of the agreement, accompanied by its proposal for a Directive and the 
explanatory memorandum; 
Whereas the Commission also informed the Economic and Social Committee by sending 
it the text of the agreement, accompanied by its proposal for a Directive and the 
explanatory memorandum; 
Whereas the provisions of this Directive lay down minimum requirements, thus giving 
the Member States and/or the social partners the option of introducing more favourable 
provisions; 
Whereas the implementation of this Directive should not serve to justify any regression 
in relation to the situation which already exists in each Member State; 
Whereas the Community Charter of the Fundamental Social Rights of Workers 
recognises the importance o( the fight against all forms of discrimination, especially 
based on sex, colour, race, opinion and creed; 
'* COM(93) 600, 14.12.1993. 
>" COM(96)448, 18.9.1996. 
12 
Whereas Article F(2) of the Treaty on European Union states that "the Union shall respect 
fundamental rights, as guaranteed by the European Convention for the Protection of 
Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, and as 
they result from the constitutional traditions common to the Member States, as general 
principles of Community law"; 
Whereas the Member States may entrust management and labour, at their joint request, 
with the implementation of this Directive, as long as the Member States take all the 
necessary steps to ensure that they can at all times guarantee the results imposed by this 
Directive; 
Whereas the implementation of the framework agreement contributes to achieving the 
objectives under Article 1 of the Agreement on social policy, 
HAS ADOPTED THIS DIRECTIVE: 
Article I 
Implementation of the framework agreement 
This purpose of the Directive is to put into effect the annexed framework agreement on 
part-time work concluded on 6 June 1997 between the general cross-industry 
organisations (UNICE, CEEP and the ETUC). 
Article 2 
Minimum requirements 
1. Member States may introduce more favourable provisions than those laid down in this 
Directive. 
2. The implementation of this Directive shall under no circumstances constitute sufficient 
grounds for justifying a reduction in the general level of protection of workers in the fields 
covered by this Directive; this shall be without prejudice to: 
the rights of Member States and/or management and labour to lay down, in the light 
of changing circumstances, different legislative, regulatory or contractual 
arrangements to those prevailing at the time of adoption of this Directive; 
the application of Clause 5.1 of the agreement in annex, provided the principle of 
non-discrimination as expressed in clause 4.1 of the agreement is complied with; 
provided always that the minimum requirements laid down in this Directive are adhered 
to. 
13 
Article 3 
Non-discrimination 
When Member States adopt the provisions to implement this Directive, these shall prohibit 
any discrimination based on sex, race, ethnic origin, religion or beliefs, disability, age or 
sexual orientation. 
Article 4 
Penalties 
Member States shall determine the range of penalties applicable for infringements of 
national provisions made in implementation of this Directive and shall take all necessary 
steps to ensure that they are enforced. The penalties must be effective, commensurate with 
the infringement, and must constitute a sufficient deterrent. Member States shall notify 
these provisions to the Commission by the date mentioned in Article 5 at the latest, and 
any subsequent amendment thereto in good time. 
Article 5 
Transposition 
Member States shall bring into force the laws, regulations and administrative provisions 
necessary to comply with this Directive within two years of its adoption, or shall ensure 
that, by that date at the latest, management and labour have introduced the necessary 
measures by agreement, the Member States being required to take any necessary measures 
to enable them at any time to be in a position to guarantee the results imposed by this 
Directive. They shall forthwith inform the Commission thereof. 
Member States may have a maximum of one more year, if necessary, to take account of 
special difficulties or implementation by a collective agreement. 
They shall inform the Commission forthwith in such circumstances. 
When Member States adopt the provisions referred to in the first paragraph, these shall 
contain a reference to this Directive or shall be accompanied by such reference at the time 
of their official publication. The procedure for such reference shall be adopted by the 
Member States. 
Article 6 
Addressees 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the Council 
The President 
14 
Europea 
Framework Agreement 
on Part-time Work 
KX^HXXlMiniBRflinRBBttBNGflQnsna 
PRÉAMBULE 
v __ 
his framework agreement is a contribution to the overall European stra­
tegy on employment Part-time work has had an important impact on 
employment in recent years. For this reason, the parties to this agree­
ment have given priority attention to this form, of work. It is the intention of the par­
ties to consider the need for similar agreements relating to other forms of flexible work. 
Recognising the diversity of situations in Member States and acknowledging that part-
time work is a feature of employment in certain sectors and activities, this agreement 
sets out the general principles and minimum requirements relating to part-time work. 
It illustrates the willingness of the Social Partners to establish a general framework 
for the elimination of discrimination against part-time workers and to assist the deve­
lopment of opportunities for part-time working on a basis acceptable to employers 
and workers. 
This agreement relates to employment conditions of part-time workers recognising 
that matters concerning statutory social security are for decision by the Member 
States. In the context ofdie principle of non-discrimination, the parties to tliis agree­
ment have noted the Employment .declaration of the Dublin European CouncU of 
December 1996, wherein the Council inter alia emphasised the need to make social 
security systems more employment friendly by 'developing social protection systems 
capable of adapting to new patterns of work and of providing appropriate protection 
to people engaged in such work". The parties to this agreement consider that effect 
should be given to this declaration. 
ETUC, UNICE and CEEP request the Commission to submit Ùds framework agreement 
to the Council for a decision making these requirements binding in the Member States 
which are party to the Agreement on social policy annexed to the Protocol on social 
policy annexed to die Treaty establishing the European Community. 
The parties to this agreement ask the Commission, in its proposal to implement this 
agreement, to request that Member States to adopt the laws, regulations and admi­
nistrative provisions necessary to comply with the Council decision within a period of 
2 years from its adoption or ensure' that the Social Partners establish the necessary 
measures by way of agreement by the end of this period. Mem ber States may, ifneces 
sary to take account of particular difficulties or implementation by collective agree­
ment have up to a maximum of one additional year to comply w'dli this provision. 
Without prejudice to the role of national courts and die Court of Justice, die parties 
to this agreement request that any matter relating to the interpretation ofdiis agree 
ment at European level should, in the first instance, be referred by die Commission to 
them for an opinion. 
I vidun (IK meaning of «rttrk 2 i of Ui< S«vi»l PoUcy Agr«m<n< of IIK Tmiy w» Ku«j)K*n Union A 
I. General consideratiogg 
H Having regard to the Agreement on social policy 
JL annexed to the Protocol on social policy attached 
to the treaty establishing the European Community, 
and in particular article 3.4 and 4.2 thereof. 
2Whereas article 4.2 of the Agreement on social 
policy provides that agreements concluded at 
Community level may be implemented, at the joint 
request of die signatory parties, by a Council decision 
on a proposal from the Commission. 
3Whereas, in its second consultation docu­
ment on flexibility of working time and 
security for workers, the Commission announ­
ced its intention to propose a legally binding 
Community measure. 
4Whereas the conclusions of the European 
Council meeting in Essen emphasised the need 
for measures to promote both employment and equal 
opportunities for women and men, and called for 
measures aimed at "increasing the employment 
intensiveness of growth, in particular by more 
flexible organisation of work in a way which fulfils 
both the wishes of employees and the requirements of 
competition*. 
5Whereas the parties to this agreement attach 
importance to measures which would facilitate 
access to part-time work for men and women in 
order to prepare for retirement, reconcile professional 
and family life, and take up education and training 
opportunities to improve their skills and career 
opportunities for the mutual benefit of employers 
and workers and in a manner which would assist the 
development of entreprises. 
6Whereas this agreement refers back to "Member 
States and Social Partners for the modalities of 
application of these general principles, minimum 
requirements and provisions, in order to take account 
of die situation in each Member State. 
7Whereas this agreement takes into consideration 
die need to improve social policy requirements, 
to enhance the competitiveness of the Community economy and to avoid imposing administrative 
financial and legal constraints in a way which would 
hold back the creation and development of small and 
medium-sized undertakings. 
8Whereas die Social Partners arc best placed to 
find solutions that correspond to die needs of 
both employers and workers and shall therefore be 
conferred a special role in die implementation and 
application of diis agreement. 
The signatory parties have agreed die following 
Clause 1 : Purpose 
The purpose of this framework agreement is : 
A. to provide for die removal of discrimination 
against part-time workers and to improve the 
quality of part-time work, 
B. to facilitate die development of part-time work on 
a voluntary basis and to contribute to die flexible 
organisation of working time m a manner which 
takes into account die needs of employers and 
workers. 
rXlause.2: Scope 
IThis agreement applies to part-time workers who 
have an employment contract or employment 
relationship as defined by die law, collective agree­
ment or practice in force in each Member State. 
2Member States, after consultation with the Social 
Partners in accordance with national law, collec­
tive agreements or practice, and/or the. Social 
Partners at die appropriate level in conformity with 
national industrial relations practice may, for objec­
tive reasons, exclude wholly or partly from the. terms 
of diis agreement part-time workers who work on a 
casual basis. Such exclusions should be reviewed per­
iodically to establish if the objective reasons for 
making them remain valid 
/C 
«^Çlause,^ : Definitions 
si For the. puqiosc of this agreement, (he, term 
J "part-time worker" refers to nn employee whose 
normal hours of work, calculated on a weekly basis 
or on average over a period of employaient of up to 
one. year, arc less than (he normal hours of work of a 
comparable full time, worker 
2for (he purpose of this agreement , the. term 
"comparable full-time, worker" means a full time, 
worker m the same establi.slime.nl having the. same 
type of employment contract or relationship, who is 
engaged m the same 01 a similar work/occupation, 
due regard being given to other considerations which 
may include seniority, qualification/skills. 
3Where there is no comparable, full-time worker 
in the same establishment, the comparison shall 
be. made, by reference to the applicable collective 
agreement or, where there is no applicable'collective, 
agreement, m accordance with national law, collecti­
ve, agreements or practice. 
Clause 4 : Principle of non-discrimination 
'i In respect of employment conditions, part-time 
-I workers shall not be treated in a less favourable 
manner than comparable full-time workers solely 
because they work part-time unless different treat 
ment is justified on objective grounds 
2Where appropriate, the, principle of pro rata tern 
pons shall apply. 
Q The modalities of application of dus clause shall 
tJ be defined by die Member States and/or Social 
Partners, having regard to European legislation, 
national law, collective agreements and practice 
4When justified by objective reasons, Member 
states after consultation of the Social Partners in 
accordance with national law or practice and/or Social 
Partners may, where appropriate, make, access to par­
ticular conditions of employment subject to a j^eriod of 
service, time worked or earnings qualification.' 
Qualifications relating to aces.*; by part-time workers 
to paiticulai conditions of employment should be 
ic.vicwcd periodically having, regard'to the. principle of 
non disci immauon as expressed m clause 4.1 ^ClauseJ? : Opportunities for part-time work 
1 In the context of clause 1 of diis agreement and of 
the principle of non-discrimination between part 
time and full-time workers, 
A. Member States, following consultations with the 
Social Partners in accordance with national law or 
practice should identify and review obstacles of a 
legal or administrative nature which may limit (he 
opportunities for part-time work and, where 
appropriate, eliminate them, 
II. the. Social Partners, acting within then sphere of 
competence and through the procedures set out in 
collective agreements, should identify and review 
obstacles which may limit opportunities for part 
tunc work and, where appropriate, eliminate diem 
2A worker's refusal to transfer from full-time to 
part-time, work or vice-versa should not in itself 
constitute a valid reason for termination of employ­
ment, without prejudice to termination in accordan­
ce widi national law, collective agreements and prac­
tice, for odicr reasons such as may arise from die 
ojieratiorial requirements of the establishment 
concerned. 
3 As far as possible, employers should give, consi 
deration to : 
A. requests by workers to transfer from full-tune to 
part-time work dial become available in the esta 
blishmcnt, 
B. requests by workers to transfer from part-time to 
full-time work or to increase their working time 
should the opportunity arise, 
C. die provision of timely information on die availa­
bility of part-time and full-time positions in the 
establishment in order to facilitate transfers from 
full-time to part-time or vice-versa; 
D. measures to facilitate access to part-time work at 
all levels of die enterprise, including skilled and 
managerial positions, and where aj>propriate, to 
facilitate access by part-time workers to vocatio­
nal training to enhance career opportunities and 
occupational mobility, 
E. the provision of appropriate information (o ex is 
ting bodies representing workers about part-dine 
working in the. enterprise 
/'?• 
_ .Clause 6 : Provisions on implementation 
1Member States and/or Social Partners can main 
lain or introduce more favourable provisions than 
set out in this agreement. 
2Implementation of die provisions of diis agree­
ment shall not constitute valid grounds for redu­
cing the general level of protection afforded to wor­
kers in the field of dus agreement. This docs not pre­
judice the. right of Member States and/or Social 
Partners to develop different legislative, regulatory or 
contractual provisions, in the light of changing cir­
cumstances, and docs not prejudice die application 
of clause 5.1. as long as die principle of non-discri­
mination as expressed in clause 4.1. is complied with. 
3The present agreement does not prejudice die 
right of the Social Partners to conclude, at die appropriate level, including European level, agree­
ments adapting and/or complementing die. provi­
sions of diis agreement in a manner which will take 
account of die specific needs of die Social Partners 
concerned . 
4This agreement shall be without prejudice to any 
more specific Community provisions, and in par­
ticular Community provisions concerning equal 
treatment or opportunities for men and women. 
5The prevention and settlement of disputes and 
grievances arising from die application of this 
agreement shall be dealt with in accordance with 
national law, collective agreements and practice. 
6The signatory parties will review diis agreement, 
five years after the date of die Council decision, 
if requested by one of the parties to diis agreement. 
Brussels, 6 June 1997 
•>•)•) fcàfuuuA 
Fritz Vcrzefnifsch, 
President of die ETUC 
ETUC 
Bid Emile Jaqcmain 155 - B-1210 Bruxelles Emilio Gabaglio, . 
Secretary General of die ETUC 
#UNICE 
* * * 
UNICE 
Rue Joseph 1140-B-1040 Bruxelles f'iVL 
François Perigot, 
President of die UNICE Zygmunf Tyszkiewicz, 
Secretary General of die UNICE 
CEEP 
Kuril.- !;, Cli.mle l.r. If 104(1 Hi ««rile n 
Antonio CnÀteLlaYio Atlyunc(, 
['resident of thrWT.P \ Yk/u-âut^n 
Y He. PYodcnsborg, < 
Sex:r(Mm y G<Mie.i;il of (lie CrJ',!' 
/? 
IMPACT ASSESSMENT FORM 
THE IMPACT OF THE PROPOSAL ON BUSINESS 
with special reference to small and medium-sized 
enterprises (SMEs) 
Title of proposal: 
Proposal for a Council Directive concerning the framework agreement on part-time work 
concluded by UNICE, CEEP and the ETUC 
The proposal: 
1. TAKING ACCOUNT OF THE PRINCIPLE OK SUBSIDIARITY, WHY IS COMMUNITY 
LEGISLATION NECESSARY IN THIS AREA AND WHAT ARE ITS MAIN AIMS? 
The aim of this Directive is to implement the framework agreement on part-time 
work under Article 4(2) of the Agreement on social policy annexed to the Treaty. 
This Article provides for implementing agreements concluded by the social partners 
by way of a Council decision on a proposal from the Commission. The signatories 
have jointly asked the Commission to present a proposal to the Council. The 
Commission, in accordance with its Communication1 on the application of the 
Agreement on social policy, undertook a threefold analysis of the agreement. The 
Commission considers that all the conditions have been met (representative status of 
the signatories, legality of the clauses of the agreement and compliance with special 
provisions on SMEs) and that its proposal for a Council Directive should be 
adopted. The Amsterdam European Council also welcomed the agreement. 
The impact on business: 
2. WHO WILL BE AFFECTED BY THE PROPOSAL? 
All enterprises and all workers may be affected by the framework agreement, 
irrespective of the sector or size of the enterprise concerned. 
3. WHAT WILL BUSINESS HAVE TO DO TO COMPLY WITH THE PROPOSAL? 
As indicated in clause 1 of the framework agreement, enterprises will have to 
ensure that any discrimination vis-à-vis part-time workers is done away with; 
facilitate the development of part-time working on a voluntary basis and 
contribute to the flexible organisation of working time in a way which takes 
account of the needs of both employers and workers. 
COM(l>3) 600 final. 
15 
A number of clauses refer to legislation, collective agreements or national practices, 
and/or to the social partners at the appropriate level, leaving plenty of room for 
manoeuvre for individual enterprises. Compliance with the provisions concerning 
SMEs is amply covered in points 24-29 of the explanatory memorandum. 
4. WHAT ECONOMIC EFFECTS IS THE PROPOSAL LIKELY TO HAVE? 
Implementation of the framework agreement on part-time work will contribute to 
the second priority laid down by the Essen European Council, viz. the introduction 
of new, flexible forms of work organisation. Such flexibility must meet the needs of 
firms which have to become more competitive in order to meet the challenge of 
international competition. Any new, flexible arrangements must also bear in mind 
the interests of workers, by enabling them to gear their working time better to their 
individual needs. An agreement between the social partners on this point is the 
outcome of negotiations between the two sides and would seem to be the most 
appropriate instrument for reconciling the two sides' interests. 
The Member States and the social partners should identify and examine any 
obstacles which might restrict the opportunities for part-time work and, if necessary, 
get rid of them. This will help to make the labour market more flexible, with the 
eventual aim of boosting the employment-intensity of growth. 
5. DOES THE PROPOSAL CONTAIN MEASURES TO TAKE ACCOUNT OF THE SPECIFIC 
SITUATION OF SMALL AND MEDIUM-SIZED FIRMS (REDUCED OR DIFFERENT 
REQUIREMENTS, ETC.)? 
See points 24-29 of the explanatory memorandum accompanying the proposal. 
Consultation 
6. LIST THE ORGANISATIONS WHICH HAVE BEEN CONSULTED ABOUT THE PROPOSAL 
AND OUTLINE THEIR MAIN VIEWS. 
All the representative organisations2 were given an opportunity to air their views 
during the first phase of consultation. They were also invited by the Commission to 
a consultation meeting on the framework agreement. As regards their positions, see 
points 20-23 of the explanatory memorandum. 
In conformity with the Communication concerning the application of the Agreement on social policy: 
COM(93) 600, 14.12.1993. 
16 
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COM(97) 392 final 
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