COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 511 final 
Brussels, 5 December 1991 
FIRST REPORT 
ON THE APPLICATION 
OF THE COMMUNITY CHARTER 
OF THE FUNDAMENTAL 
SOCIAL RIGHTS OF WORKERS 
(PRESENTED BY 
THE COMMISSION OF THE EUROPEAN COMMUNITIES 
TO THE EUROPEAN COUNCIL, THE EUROPEAN PARLIAMENT AND 
THE ECONOMIC AND SOCIAL COMMITTEE) 
gÈgjfcï .fa. 
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IMPLEMENTATION OF THE CHARTER 
1. 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 Basic Social Rights for Workers^2), 
drawn up under the responsibility of Mrs Papandreou. 
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 responsibiIities"^3^. 
THE REPORT ON APPLICATION OF THE CHARTER 
Under the terms of points 29 and 30, the Community Charter of the 
Fundamental Social Rights of Workers stipulates 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. 
(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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This is the first such report presented by the Commission. It has 
been updated to 1 November 1991 and comprises two parts, the first 
setting out what the Community has achieved and the second what has 
been done by the Member States. 
The concluding chapter discusses the difficulties which have already 
been noted by the European Council. 
PART ONE: 
O F APPLICATION 
BY THE EUROPEAN COMMUNITY 
OF THE COMMUNITY CHARTER 
THE FUNDAMENTAL SOCIAL RIGHTS 
O F WO R K E R S 

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INTRODUCTORY REMARKS 
3. This first part is concerned essentially with the work done by the 
Commission on implementing the Community Charter of the Fundamental 
Social Rights of Workers in the fields in which the Commission has 
jurisdiction. It is necessary to underline that the social 
dimension of the European space features in a range of other 
proposals on such matters as the European company, the mutual 
recognition of certificates and diplomas, the right of residence, 
labour protection, in the framework of technical rules and 
standardisation, pension funds, and the social provisions of 
directives on public contracts. 
Therefore, this report is 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>. 
4. 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 
Communi ty act ion; 
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. 
the preservation of the competitiveness of undertakings, while 
coneiling 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. 
5. 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 the 
advisory committees or 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 five 
Joint opinions since the adoption of the Charter in the fields of 
education, training and the labour market: 
r\r\ L i ^ . . ^ — i. ^ _ 4AOA 
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Joint opinion on the creation of a European occupational and 
geographical mobility area and improving the operation of the 
labour market in Europe; 
Joint opinion on new technologies, work organization and 
adaptability of the labour market; 
Joint opinion on education and training; 
Joint opinion on the transition from school to adult and working 
I ife; 
Joint opinion on modalities of access to training. 
By 1 November 1991, the Commission has now presented virtually all 
the initiatives announced in the action programme (cf. Table in 
Annex II). The few remaining proposals shall be presented shortly 
to the Council and the European Parliament. The Commission which 
committed itself to present all 47 initiatives contained in the 
action programme before the end of 1991 has fulfilled its 
commitment. 
6. 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 
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 Union"*2). 
7. 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. 
8. For its part, the Council has adopted various proposals for 
instruments presented by the Commission under the action programme 
(cf. Annex II). However, the Commission has to express its 
disappointment at the slow rate at which the Council has been taking 
decisions on a number of proposals. 
9. The structure of the first part of this report follows that of the 
Charter and the action programme (the same structure is followed in 
the second part for most of the Member States in their national 
reports). 
(2) European Parliament, Social Affairs, Draft report on the European 
labour market after 1992, Part XI: The European social model, EP 
151.130/XI of 30 Mav 1991. 
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A table setting out the progress and current status of the 
Commission's various initiatives is appended to the report. 
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 third report - for 1991 -
was adopted by the Commission on 17 July 1991. 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. In the meantime, 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 settled 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 vacancies 
f-n ft.I C. 327 of 29.12.1990. D. 3. 
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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 Community(2^. 
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. 
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 
specific 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 workC) (legal 
basis Article 118a of the EEC Treaty). 
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 
(2) C0M(91) 316 final, SYN 359, Brussels, 5 Septembre 1991; OJ C 254 of 
28.09.1991, p. 9. 
(1) COMOftl 29R final _ OVkl oon „~-i ^K/H ««-• ~* --» ' • 
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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<2). 
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 proposal has been 
rejected by the European Parliament. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
16. It its communication on its action programme relating to the 
implementation of the Community Charter, the Commission announced 
its intention of submitting a proposal for a Council Directive on 
the reorganization of working time. 
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. 
17. 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 
(2) 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 
f -i \ *\ê 
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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. 
18. On 28 November 1990, the Commission adopted a proposal for a 
Directive on provision of a form of proof of an employment 
reiat ionship^2). 
The essential aim behind this proposal is 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 proposal 
for a 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 
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 proposal for a Directive, all workers should know for whom 
and where they are supposed to be working and what the essential 
conditions of the employment relationship are. 
This Directive was adopted on 14 October 1991(3^. 
19. 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 collective redundancies^4^. 
Fifteen years of Directive 75/129 and the impact of the internal 
market on business restructuring have 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. 
(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, OJ L 288 of 18.10.1991, p. 32 
( A^ ft.I I ASK ftf 09 O 107* * OO 
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The proposal for a Directive widens the field of application of the 
existing Directive 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 proposal also seeks to extend workers' rights as regards 
information and consultation to cases of redundancy resulting from a 
court decision. In the approach chosen by the Commission, the 
proposal offers more flexibility for small businesses by stipulating 
that Member States do not have to provide for worker representation 
in establishments employing fewer than 50 workers. 
20. 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"(fi) gave a first 
indication of the legal and de facto situation of immigrants. 
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 Community"^) 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(7K 
FREEDOM OF MOVEMENT 
21. 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^1). 
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. 
(5) SEC(89) 924 final of 22 June 1989. 
(6) SEC(90) 1813 final of 28 September 1990. 
(7) SEC(91) 1855 final 
m rr\uraf\ can •final _ CYM ^ACL. r\ \ n ooc «*.# on Q 01 n 
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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. 
22. Under the section of the action programme dealing with freedom of 
movement, the Commission undertook to submit a communication on 
supplementary social security schemes. 
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''^2), 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. 
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 mobiIi ty. 
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 transferability 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. 
23. a) 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 workers^3). 
Since the first communication on frontier populations 
(COM/85/529 final), the impetus imparted by the completion of 
the single market has prompted the Commission to submit to the 
Council a variety of ideas on the specific situation of frontier 
populat ions. 
b) The Commission will pronounce on the revision of Commission 
Regulation 1251/70 when the Council has completed its 
deliberations on the amendment of Regulation 1612/68/EEC. 
(2) SEC(91) 1332. 
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SOCIAL PROTECTION 
24. 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. 
25. 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^1). 
The aim behind this draft Recommendation is to get the Member States 
to recognize a general subjective right to a guarantee of 
sufficient, stable and reliable resources and benefits, and to 
organize the ways and means of implementing that right. 
26. At the same time, and with a view to promoting a move to 
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 policies. 
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^2). 
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. 
(1) C0M(91) 161 final of 13 May 1991; OJ C 163 of 22.06.1991, p. 3 
(0\ PftkJf CM Ï OOR final rtf 07 lima 1ÛÛ1 . f\ I n 1QJ( «f OR m 1ÛÛ1 »% 
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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. 
INFORMATION, CONSULTATION AND PARTICIPATION 
27. 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^1), 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 I CE 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. 
28. 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 
present policies in this area within the Community^2). 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^3). 
There is a wide disparity in the types of financial participation 
schemes currently in operation in the various countries. Their 
(1) C0M(90) 581 final, Brussels, 25 January 1991. 
(2) C0M(91) 259 final, Brussels, 3 Septembre 1991. 
(3) Proposal for a Council recommendation concerning the promotion of 
employee participation in profits and enterprise results (including 
.>:.*.**:.-._ \ SNI s* r\ 
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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 draft 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. 
EQUAL TREATMENT FOR MEN AND WOMEN 
29. 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. 
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". 
30. Based on Article 118a of the EEC Treaty, the proposal for a 
Directive concerning the protection 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 
(1) OJ C 142 of 31.5.1991, p.1 
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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 arrived at a common position on 3 December 1991. 
31. 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 recommendation on child 
care^3), adopted by the Commission on 4 July 1991 and presented to 
the Council on 8 July 1991. 
VOCATIONAL TRAINING 
32. 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 
coordinat ion. 
To deal with this shortcoming, the Commission put forward a 
memorandum on the rationalization and coordination of vocational 
training programmes at Community level^1^. 
(3) C0M(91) 233 final, OJ C 242 of ,17.09.1991, p. 3 
m C0Mf90} 334 final. Brussftls 21 Aiinn<st 1QQn 
- 17 -
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^2). 
33. 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 indispensible". 
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 we I I-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 
Community, so as to master economic, technological, social and 
cultural change. 
34. 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^3). 
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"(4). 
(2) cf. a full analysis in the memorandum on the rationalization and 
coordination of vocational training programmes at Community level is 
given in C0M(91) 334 final. 
(3) 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: C0M(90) 467 
presented to the Council on 15 November 1990; OJ C 158 of 17.6.1991, 
p. 329 and C 181 of 12.7.1990, p. 175. 
(4} OJ C 68 of 19.3.1990. D. 175. 
18 -
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 
preparation for adult and working life (PETRA), becomes operational 
from 1 January 1992 and comprises a three-year programme with ECU 
177.4 million funding^). 
HEALTH AND SAFETY PROTECTION FOR WORKERS 
35. 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. They deal with 
improved medical assistance on board vessels, fishing vessels, 
physical and industrial agents, asbestos, transport activities, 
temporary and mobile work sites, and the industrial sectors of the 
extractive industries, covering drilling, quarrying and open-cast 
min ing. 
All these sectors are characterized by high accident and risk rates. 
The other two initiatives concern occupational diseases and the 
creation of a health and safety agency. 
36. 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^. 
37. With regard to the proposal for a regulation on the establishment of 
a health, hygiene and safety agency, the Commission has presented 
the final proposal on 30 September 1991<3). 
(5) OJ L 214 of 2.8.1991, p. 69. 
(1) OJ No 80 of 31.8.1962 and No 147 of 9.8.1966. 
(2) OJ L 160 of 26.6.1990, p. 39. 
(3) 0J C 271 of 16.10.1991. P. 3. 
- 19 -
38. Of the many and varied 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, the 
proposal for a Directive amending Directive 83/477/EEC on the 
protection of workers from the risks related to exposure to asbestos 
at work is the only one to have been adopted by the Council of 
Ministers^4), at the same time as it adopted the proposal for a 
directive on temporary workers (cf. supra, p. 13). 
39. The proposal for a Council Directive on the minimum health and 
safety requirements for improved medical treatment on board vessels 
is the most advanced of them. The Social Affairs Council met in 
Luxembourg on 25 June 1991 and approved a generally favourable line 
on adoption of a common position by qualified majority. The text as 
it emerges from the Council has to go to the European Parliament for 
second reading, with Parliament normally delivering its opinion 
within three months of the date on which the Council adopts its 
common position. The common position was adopted on 1 October 1991. 
40. The other proposals for directives on such matters as temporary or 
mobile work sites, the extractive industries, safety, and/or health 
signs at work and fishing vessels have reached different stages in 
the process. Some have yet to be subjected to in-depth examination 
by the Council, while others have recently been adopted by the 
Commission. 
THE ELDERLY 
41. 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 ageing, 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 elderlyC). 
42. In the wake of this measure, the Council adopted a decision dated 26 
November 1990 on Community actions for the elder I y(%K 
Among the wide range of measures proposed for the elderly, those 
encouraging sharing of experience are particularly important. The 
Council also adopted its Decision proclaiming 1993 to be the 
European year of the elderly and of solidarity between generations. 
(4) OJ L 206 of 29.6.1991, p. 16. 
(1) C0M(90) 80 final, Brussels, 24 April 1990 
0\ O.I I 2ft of ft2 02 1QQ1 n. 29. 
- 20 -
DISABLED PEOPLE 
43. 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(f), 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. 
44. 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(2), 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 
is now proposing the adoption of a five-year programme, known as 
HELIOS I I. 
45. A fresh action programme is particularly necessary as the disabled 
continue to be generally disadvantaged in terms of educational, 
employment and leisure conditions^3). Estimated at some 10% of the 
(1) OJ C 173 of 8.7.1989, p.1. 
(2) OJ L 104 of 23.4.1988, p.38. 
(3) Proposal for a Council Decision establishing a third Community 
action programme to assist disabled people - HELIOS II (1992 to 
1996), presented by the Commission on 8 October 1991, OJ No C293 of 
12.11.91. o. 2 
- 21 -
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. 
46. Since 1989, a variety of directives adopted by the Council have 
included provisions regarding workers with a mobility handicap^4). 
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 mobility^). 
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. 
CONCLUSION 
47. 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. 
(4) 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 (OJ 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). 
- 22 -
Almost two years on, the Commission has presented nearly all the 
proposals envisaged in its programme of work in compliance with the 
principle of subsidiarity, but the Council of Ministers has failed 
to live up to expectations. 
Admittedly, the Council has in some cases been unable to act because 
other Community bodies have failed to keep up the pace and deliver 
their opinions within the time required by the Treaty. 
48. Nonetheless, on 1 November 1991 the conclusions of the Presidency 
presented at the European Council held in Luxembourg on 28 and 29 
June 1991 are undoubtedly an apt way of concluding this report: 
"The European Council notes that the progress made in the 
completion of the internal market has not been accompanied by 
comparable progress in the field of social policy. It 
emphasizes that the Community, the Member States and the 
representatives of employers and employees should play a role in 
the implementation of the principles contained in the Social 
Charter according to their respective responsibilities." 
"It requests in particular that the discussions begun in the 
Social Affairs Council on the Commission's action programme for 
implementing the Charter should be intensified so that the 
necessary decisions can be reached at an early date, having 
regard for the specific situation and practices of each Member 
State." 
49. The Commission had already stressed "the wide gap between the powers 
available under the current legal bases and the ambitions set out in 
the Charter and the new constraints arising from completion of the 
internal market''^1). 
This has caused the Commission to propose a revision of the social 
chapter of the Treaty. 
As pointed out in its working document on the Intergovernmental 
Conference^2), there are a number of arguments which plead in 
favour of modifying and extending the scope of Community's social 
policy: 
a) First, there is the very nature of the process of European 
integration: the establishment of a single economic and social 
area in which economic and social advances are made in step; 
b) The Community Charter of Fundamental Social Rights for Workers 
... reflects the urge to establish and build upon a platform of 
fundamental rights shared by all the Member States; 
c) Completion of the internal market and economic integration have 
clearly shown the need (given the transnational nature of the 
(1) Commission's initial contributions to the Intergovernmental 
Conference on Political Union, SEC(91) 500 final, Brussels, 30 March 
1991, p. 84. 
- 23 -
problems involved) for Community action in areas which have 
hitherto not been very sensitive or whose importance has been 
disputed; 
d) More generally, at micro economic level, consideration for the 
social dimension is increasingly becoming an integral part of 
management, and this contributes to added value and to 
compet it iveness; 
e) The extension and/or redefinition of the Community's powers in 
the social fields is/are not incompatible with the current 
trends towards decentralization of collective bargaining to be 
seen in the Member States. 
The Commission has also stressed that, with a view to ensuring that 
the economic and social dimensions progress at the same rate, 
"qualified majority voting should be extended to certain fields, 
notably some of those covered by the Char ter"(3). 
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 
- 25 -
NATIONAL REPORTS 
INTRODUCTORY REMARKS 
As was mentioned in the introduction (cf. supra p. 2), point 29 of 
the Charter stipulates that "the Commission shall establish ... a 
report on the application of the Charter by the Member States and by 
the European Community". 
For the most part, these reports, which set out Member States' 
positions on each of the principles in the Charter, follow the form 
of the questionnaire sent to the Member States by the Commission and 
annexed to this report. 
It was decided to organize the work by following the chapter layout 
in the Charter. With two exceptions, all the Member States adopted 
this model. The United Kingdom pointed out that it had not signed 
the Charter, but produced a report describing the general framework 
of rights, protection and freedoms in the social area. The German 
report places stress on the political developments in the Federal 
Republic of Germany. 
BE LG I UM 
- 27 -
FREEDOM OF MOVEMENT 
1. There are no restrictions other than those justified on grounds 
of pubiic order and public health which prevent any worker of 
the European Community from having freedom of movement in 
Be I g i urn. 
It should nevertheless be pointed out that, in accordance with 
the provisions of the Act of Accession of Spain and Portugal to 
the European Economic Community, the citizens of these two 
countries will have not have freedom of movement until the end 
of the transition period^1). 
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. 
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 Remuneration levels are normally laid down in a collective 
agreement for the sector concerned. These agreements lay down 
the salary scales depending on the worker's age, seniority, 
qualification level and Job. 
(1) However, account should be taken of Council Regulation (EEC) 
No. 2194/91 of 25 June 1991 on the transitional period for freedom 
of movement of workers between Spain and Portugal, on the one hand, 
and the other Member States, on the other (OJ L 206 of 
- 28 -
If no collective agreement has been reached for the sector 
concerned or if no scale has been established for the Job, the 
remuneration level is established by the parties. However, the 
parties have to comply with the collective agreements reached at 
the National Labour Council which guarantee workers an average 
monthly minimum income regardless of their occupation 
(Collective Labour Agreement No 43 of 2 May 1988 and Collective 
Labour Agreement No 33 of 28 February 1978). 
Collective agreement No 35 of 27 February 1981 states that these 
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 iis 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. 
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. 
- 29 -
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. 
The amount of time worked must be no less than three hours per 
day or 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. 
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. 
- 30 -
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-twelvth 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. 
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. 
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: 
- 31 
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; 
the employment regulations; 
the complementary provisions of the law 
the verbal individual agreement; 
pract ice. 
SOCIAL PROTECTION 
10.a Social protection for workers is basically funded by 
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 
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. 
Workers (in the broad sense of the term) in the private and 
public sectors are governed by one social security law, although 
there are certain subdivisions and features which are specific 
to each type of employer and occupation. The way of applying 
the system will not always be identical for the two types of 
workers or even within one sector. It is therefore easy to 
understand that the permanent employees of the municipalities, 
provinces and the State do not need to be covered by 
unemployment insurance in the same way as their temporary 
colleagues in the same (public) sector. Thus 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 or a policeman, for example. However, differences 
between public and private sector workers are gradually being 
narrowed, in terms of social security (e.g. health care) and 
working conditions (remuneration, safety at work, social plan, 
etc.). 
- 32 -
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. 
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 he 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 a 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. 
- 33 -
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. 
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 workers 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. 
- 34 -
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-1 eve I agreements. 
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 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. 
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: 
- 35 -
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. 
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' 
représentât ives. 
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. 
36 -
- 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 
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". 
- 37 -
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 init ion). 
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. 
- 38 -
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 following 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; Tit le 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). 
b 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; 
- 39 -
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'entreprises (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, 
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 and only rarely do they introduce 
innovât ions. 
Moreover, the provisions of the Belgian General Regulations are 
often more restrictive than those of Community Directives. 
Nevertheless, depending on the individual case, the application 
or imminent implementation of the Community Directives does 
improve the protection of workers at work in various areas: 
1. As regards the social directives (Article 118 A of the Treaty 
of Rome), the expected improvements will be in the following 
areas: 
- the scope: it will be possible to take measures for 
persons other than employers, for example, the self-
employed who perform activities at the workplace or who 
coordinate activities at the workplace; 
- the possibility for workers to leave their workplace or a 
dangerous area in the event of a serious danger; 
- a more systematic and complete approach to all matters 
relating to the protection of workers including the 
obligations of employers and workers, and information, 
training and consultation procedures; 
- the removal of all precise technical specifications of a 
binding nature from existing regulations. 
2. As regards the economic directives concerning the 
availability of machines, equipment and plant (Article 100 A 
of the Treaty of Rome), it is probable that the main 
functional requirements coupled with increasing reliance on a 
large number of European standards should 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. 
- 41 -
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 al ia 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. 
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. 
- 42 -
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 
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 
4te 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. 
- 43 
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. 
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. 
ELDERLY PERSONS 
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 
- 44 -
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: 
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 total 
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 would not receive a pension may nevertheless receive 
the income guaranteed to the elderly provided that they actually 
Ii ve i n Be I g i urn. 
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 of 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 a flat-rate amount and may not be granted until a person has 
been means-tested. 
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. 
- 45 
DISABLED PERSONS 
26. The legislation of 16 April 1963 on the social rehabiIitat ion of 
disabled persons, regardless of the type or origin of their 
disability and regardless of their status, includes a number of 
measures to provide them with training or occupational 
rehabilitation and to make it possible for them to retain or 
return to work. 
A basic principle of this legislation is that use should be 
made, wherever possible, of standard methods; 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 form 
of apprenticeship for the disabled which could be called 
in-service training in the sense that it does not (yet) provide 
theoretical training. There are also 31 vocational training 
centres for the disabled in which the training provided 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; 
- 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; 
- a contribution to the additional cost, attributable to the 
handicap, of transport for the disabled person to and from 
work. 
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. 
Lastly, approximately 20 000 workers are involved in sheltered 
work in Belgium. These workers are employed on work contracts, 
and their minimum remuneration is laid down by royal decree. A 
Joint committee has recently been set up for the sector of 
sheltered industry. 
46 
The measures for the social integration of disabled people 
include the fol lowing: 
- the possibility for disabled people with a degree of 
invalidity of 66% or more to telephone at a reduced rate, 
subject to compliance with certain conditions relating to 
income, age and cohabitation; 
- exemption from radio and television fees for certain disabled 
peopIe; 
- reduction in the rate of income tax charged to persons with a 
degree of invalidity of at least 66%. 
- exemption from car taxes for certain categories of seriously 
disabled people; 
- consideration of a degree of invalidity of at least 66% for 
the award of subsidised housing benefits; 
- a reduced rate for supplies of gas and/or electricity to most 
of those who receive disability allowances, subject to a 
limited consumption of gas and/or electricity; 
- the issuing to certain disabled people of a special card 
which authorises unlimited parking of a vehicle used to 
transport a disabled person; 
- on public transport, reduced rate for certain disabled 
people, free transport for the blind, free accompaniment of 
seriously disabled people by a guide, special public mini-bus 
service adapted to the needs of disabled people in the 
Brussels area for certain disabled people; 
- facilities granted to disabled people who are capable of 
driving to enable them to obtain a driving licence; 
legal measures and regulations on the accessibility of public 
buildings and other public areas for disabled people. 
DENMARK 
- 48 -
FREEDOM OF MOVEMENT 
1. This field is regulated by the Order issued by the Ministry of 
Justice on foreigners' stays in Denmark (1984, revised 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 services. EC Nationals are 
granted residence permits as such, while non EC Nationals are 
granted residence and work permits. It normally takes less than 
one month to deal with applications for EC residence permits. In 
1990 some 1 300 new EC-residence permits were issued, about 800 
were renewed. In some 60 cases the conditions for issuing an EC 
residence permit were not satisfied. 
3. 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 posts under the same conditions as nationals. However, 
reference should be made in this connection to the special rules 
concerning appointment of public servants; nationals from other 
EC countries can be employed only 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. 
5. In Denmark there is no legislation and - as far as the Ministry 
of Labour is aware - no collective agreements contain provisions 
concerning fair or equitable wages. It is considered that the 
Government should not interfere in the question of wages. Wages 
are fixed by individual agreement - or by reference to a 
collective agreement between the employer or an employer 
organization for on one side and a trade union on the other. The 
wage fixed in the collective agreement is often a minimum which 
forms the basis of individual agreements. Formally, collective 
agreements are only binding on the parties, but in actual 
practice they often fix a 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. 
- 49 -
Persons employed for a Job of seven or nine months' duration are 
employed under the normal pay and working conditions applying to 
such work. Employed persons receiving a wage subsidy or on 
employment projects also work under the pay and other working 
conditions fixed by collective agreement or applying to similar 
work. 
Under the Administration of Justice Act property required to 
keep up a modest home and living standard for the 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. 
6. The Act on the Public Employment Service and the Unemployment 
Insurance System, etc. ensures that the public employment 
services are open to all job seekers. 
IMPROVEMENT OF WORKING AND LIVING CONDITIONS 
In Denmark no special measures have been taken in relation to 
employment contracts. This is also true of temporary contracts. 
Thus the same rules apply to all types of contracts establishing 
an employment relationship. The labour market cannot be divided 
up on the basis of temporary or permanent (open-ended) 
contracts. In several major sectors/occupational fields the most 
common type of employment contract is for temporary work, but 
this does not mean that the employees cannot have a normal 
employment relationship. 
As regards procedures connected with collective dismissals, 
Denmark has implemented the Directive of 17 February 1975 on 
collective redundances (75/129/EEC) by adopting legislation in 
this field. The provisions of the relevant Act are summarized 
be Iow. 
If an employer intends to proceed with collective dismissals he 
is required to open negotiations with the employees or their 
representatives as early as possible. The employer must provide 
the employees with any information relevant to the case and give 
written information on the grounds for the dismissals, the 
number of persons to be dismissed, the number of persons 
normally employed by the undertaking and the period during which 
the 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 become effective at the earliest 30 days after submission of 
such not if icat ion. 
In the event of bankruptcy or winding-up proceedings, the 
Employees' Guarantee Fund will cover wage claims from employees 
up to a ceiling set at present at DKR 5 000. Payment is made 
when the claim has been filed and duly substantiated to the 
Fund. 
- 50 -
8. Under the Holiday Act all employees in Denmark are entitled to 
annual holiday 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 Holiday Act and the agreement applying to public servants 
entitle employees to 30 days' holiday corresponding to 5 weeks. 
No conditions apply to holiday entitlement, but the right to the 
holiday pay or allowance 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 
fol lowing year). 
9. 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 various collective agreements at company, 
regional, federation and central organization level. 
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 pension 
and entitlement to benefits is not dependent upon prior 
employment or income. 
Only Labour Market Supplementary Pension (the so-called ATP-
pension) and unemployment benefit are based on contributions 
from employees. Membership of an unemployment insurance fund is 
voluntary. 
If an employee is without a Job, 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 there is a need for permanent assistance to a person 
who is not a Danish national and who has not been living in 
Denmark for at least two years with a view to taking up 
permanent residence in this country, repatriation may be 
considered. 
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 
- 51 -
persons. There are 39 state-recognised unemployment insurance 
funds with about 2 000 000 members. The unemployment insurance 
funds are closely related to the trade unions and other 
occupational organizations, but admission to an unemployment 
insurance fund is not conditional upon trade union membership. 
In order to become state-recognised an unemployment insurance 
fund must I admit members from one or more areas of occupation 
and have at least 5 000 members. 
The unemployment insurance system 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)4% of the VAT basis of the undertaking or 
simi lar. 
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 
to an unemployment insurance fund if they are employed as an 
employee within the occupational field covered by the 
unemployment insurance fund; they must also have, during the ten 
weeks prior to their application for admission, been so 
employed, (for part-time employed persons at least 150 hours and 
not more than 300 hours) for 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 within the occupational field 
covered by the fund of at least 18 months' duration 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 (except members undergoing training, 
members receiving voluntary early retirement pay and part-time 
pensioners). Members undergoing educational training, who for 
some reason are temporarily not seeking work, may retain 
membership and thus entitlement to unemployment benefit in the 
event of unemployment on completion or interruption of the 
educational 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 voluntary early 
retirement pay or part-time pension retain membership 
irrespective of these rules. 
In connection with dismissal, temporary lay-offs, expiry of a 
work on fixed-term contract, etc. the employer is required to 
- 52 
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 two weeks 
out for the preceding four weeks. 
Entitlement to unemployment benefit is conditional upon one 
year's membership of a state-recognized unemployment insurance 
fund. Apprentices and others who have not satisfied the 
admission conditions and persons who have completed vocational 
training of more than 18 months' duration will, however, be 
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, been employed as 
an employee 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 secondary occupation. The unemployed 
person must be registered as a job seeker with the public 
employment service and be available for work. 
Unemployment benefit amounts to 90% of previous earnings 
(individual rate), subject to a maximum rate. 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, persons who have completed vocational 
training of at least 18 months' duration and persons performing 
military service. Daily cash benefits are paid for six days a 
week. 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 upon the 
amount of unemployment benefit. 
The Act also contains rules on holiday pay. Appeals against the 
decisions of the unemployment funds may, in principle, be made 
to the Directorate for the Unemployment Insurance System. 
Unemployment benefits are taxable as A income. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
11. In Denmark there is no legislation preventing employers from 
joining employers' organizations or employees from setting up 
trade unions. In accordance with case law, employers and 
employees also have a legal right to members of organizations 
relevant to the exercise of their occupation. 
In the public sector, it is unlawful under the public 
administrative rules to impose membership of an occupational 
organization as a requirement for taking up or pursuing an 
occupation. In the private sector, it is unlawful to dismiss 
employees for failure to Join a union or other organization. 
53 -
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. Decision-making in negotiations and in the 
conclusion of collective agreements is, as in the case of any 
other agreement, left to the partners involved. However, the 
State supports the social partners' negotiations through the 
independent Conciliation Service which guarantees 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 
attempts at conciliation are made before any stoppage. 
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 have failed to lead to the conclusion of an agreement. 
The conciliators are empowered to postpone industrial action 
where notice has been given twice in a two-week period. 
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. In principle, all persons who have undergone compulsory basic 
education under the Danish national school act have access to 
vocational training subject in some cases to specific skills as 
regards the Danish language. The Minister for Education may lay 
down rules restricting access to training institutions in view 
of the related employment opportunities. 
Adult vocational training aims (1) to give vocational training 
and advanced training in line with technological development and 
labour market needs which maintains and improves the vocational 
skills of semi-skilled workers, skilled workers and other 
similar groups, and (2) to give introductory vocational training 
to make it easier for persons experiencing difficulties in 
obtaining or maintain their attachment to 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 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 obtaining or 
maintaining their labour market attachment. Access to advanced 
- 54 -
training for skilled workers is conditional upon the skilled 
worker having completed the related basic vocational training or 
having obtained similar occupational skills some other ways. 
Retraining is also available to the persons who form the target 
group for adult vocational training. No special measures have 
been initiated for foreigners, who have to satisfy the same 
conditions, with the exception of special language courses 
offered to immigrants in connection with participation in adult 
vocational training courses. 
EQUAL TREATMENT FOR MEN AND WOMEN 
16. The first Danish legislation on equal treatment for men and 
women was launched in 1921 with the Act on equal access for men 
and women to certain public posts and occupational fields. Since 
1975 legislation has been introduced on equal treatment for men 
and women as regards access to employment, maternity leave, etc. 
on equal pay for men and women, on equal treatment for men and 
women in connection with appointment of members to public 
committees, commissions, etc. and on equal treatment for men and 
women in connection with appointment to boards in public 
administrât ion. 
Infringement of the equal treatment and equal opportunities 
legislation may be sanctioned by penalty and compensation. 
Furthermore, the Danish Equality Council may, at its own 
initiative or on request, investigate all matters in this field. 
Reports are being prepared and studies undertaken, conferences 
organized, etc. to raise awareness about problems in this field. 
The Equality Council is at present carrying out a study on the 
interaction between family life and working life. 
A number of measures have been initiated to alleviate some of 
the problems which arise in connection with the combination of 
family and working life, notabty 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 which calls on ministries and other 
executive boards to work to promote equality within their 
respective fields of competence. The ministries submit annual 
reports to the Equality Council on initiatives to promote 
equality and the results achieved, 
In addition, training measures have been initiated with a view 
to ensuring equality for women and integration on the labour 
market. Thus, special work introduction programmes for women 
have been organized and pilot projects are under way with 
special vocational training programmes for women. 
The Government has set up an inter-ministerial child committee 
and one of its tasks is to consider initiatives to harmonize 
working life and family life*. With a view to promoting the use 
- 55 -
of flexible working time arrangements, in March 1990 the 
Administration and Finance Department sent out a guide on 
flexible working time to all state institutions. 
The central labour market 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 need be, be 
presented to the cooperation board. 
INFORMATION AND CONSULTATION OF EMPLOYEES AND CO-DETERMINATION 
17. Employees have a statutory right to co-determination, as 
employees in public or private limited companies with more than 
35 employees have a right to elect a number of representatives 
corresponding to half the number of representatives appointed by 
the General Assembly. The same right applies as regards the 
board of the parent company in a group, but only to employees in 
subsidiaries in Denmark. 
18. Where the right to information is concerned the most important 
employers' organizations and the public employers have concluded 
agreements with the employees' organizations concerning 
cooperation in enterprises with more than 35 employees. This 
affords employees information and discussion through a joint 
cooperation committee on a number of matters, such as the 
financial situation of the enterprise and its employment 
situation, the principles of its staff policy, training and 
retraining. 
HEALTH PROTECTION AND SAFETY AT THE WORK PLACE 
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 and in 1901 the 
Act on work in factories and similar establishments and on 
public inspection. The scope of this Act was extended in 1913 
with the Factories Act which was in force until 1955, 
supplemented by the 1906 Act on bakeries and the 1919 Act on the 
inspection of steamer boilers ashore 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 Act dealing with offices and shops, and (3) the Act 
dealing with agriculture. 
At present, safety and health at work is regulated by the 
Working Environment Act of 1975. This is a framework Act which 
lays down basic principles and sets out few detailed rules. 
Accordingly the Act contains a number of provisions which 
empower the Minister of Labour and the Director of National 
Labour inspection to lay down more detailed and revised rules in 
- 56 -
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 
without becoming too complex. Thirdly, thanks to the form of the 
framework act, the development of the working environment - and 
thus the drafting of the administrative regulations issued under 
powers conferred by 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 
organize 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 and 
(4) guidelines issued by the National Labour Inspection. In 
addition, guides are published, both in connection with orders 
issued by the Ministry of Labour and the National Labour 
Inspection and separately. Notices (not in the form of rules) 
are used to inform the social partners about various matters, 
for instance, information about exemptions granted, campaigns, 
etc. 
The Act aims to create a safe and sound working environment in 
line at all times with technical and social development in 
society and to form a basis so that themselves can 
deal with safety and health with guidance from the labour market 
organizations and with guidance and supervision from the 
National Labour Inspection. The Act 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 the shipping and fishing industry only to 
the loading and unloading of ships, including fishing vessels, 
to work on board pleasure boats and the like. 
The Act covers the following fields: general safety and health 
work in enterprises, Trade Safety Councils, general duties 
(employer, supervisor, employees, suppliers, repairers, 
planners, etc. and constructors), 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. A number of orders, circulars, 
guidelines, etc. have been issued under powers conferred by the 
Act. The Act is administered by the Ministry of Labour, a 
Working Environment Institute and inspection districts. 
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 
- 57 -
who have attained the age of 10 years may perform certain forms 
of gainful employment. Additional forms of employment may be 
performed by children who are more than 13 years old. Finally, 
there are special rules laying down the type of work that young 
persons between 15 and 18 years may perform and on the kind of 
exposure permitted in connection with such work. 
21. There are no special statutory rules exist on the wages paid to 
young persons. As for adults, the wages of young persons are 
fixed mainly 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 household of the employer, 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. Finally, 
the working time for young persons under 18 years may not 
normally exceed the usual working hours for adults employed in 
the same occupational field. Young persons are not allowed to 
work more than 10 hours per week,, The working time is a 
continuous period interrupted only by appropriate breaks for 
eating and resting. As regards evening and night work performed 
by young persons, the main rule is that young persons under the 
age of 18 years are not allowed to work after 10 p.m. 
The organization of vocational training is regulated on the 
basis of the Act on vocational training schools and the Act on 
vocational training. These rules are extensively based on 
cooperation between the public authorities and the social 
partners. 
23. It is also possible for young persons to undergo basic 
vocational training (cf. point 15 above). This training is 
adapted to labour market needs, but also aims to satisfy the 
interest of society and of the individual trainee in obtaining 
basic vocational knowledge. 
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 a EC-Member State and who by 
virtue of residence in Denmark are covered by Regulation 1408/71 
will thus be 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 
- 58 -
present DKR 4 663 per month; this amount is regulated once a 
year, the regulation percentage being based on prices 
developments. Where such pension, supplemented by pension from 
previous countries of residence, is insufficient, supplementary 
assistance may be granted in the form of a personal supplement 
to persons residing in Denmark. 
25. Any person residing in Denmark has a right to free medical 
treatment and hospital treatment. This right is not conditional 
upon the exercise of paid employment. 
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 maintenance 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 disablement and 
also for special expenses for training or other activities 
included in the plan. 
Within the framework of the Ministry of Labour a pilot project 
was initiated three years ago for bringing disabled persons into 
employment. Under this scheme, state support may be granted for 
the engagement of a personal assistant to the disabled person in 
order to improve the likelihood of his obtaining or maintaining 
employment. An evaluation will be carried out by the end of 1991 
with a view to deciding whether this project should be a 
permanent measure. 
Furthermore, a special scheme has existed since the mid-
seventies whereby disabled people who have difficulties in 
obtaining employment on the ordinary labour market have priority 
access to certain types of regulated public Jobs for which they 
are suitable. 
INDUSTRIAL RELATIONS IN DENMARK 
27. In Denmark the social partners are themselves responsible for 
major fields connected with employees' 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: however 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 
organizations and their members hold more responsibility in 
relation to the schemes that they have themselves agreed upon 
- 59 -
than they do in relation to schemes imposed upon them. Another 
characteristic feature of the Danish system is that the same 
matter may often be regulated at more than one level, viz. both 
at the level of legislation, of national collective agreements, 
the enterprise and finally, at individual level. The advantage 
of this system is its high degree of flexibility. 
28. This system, which is based 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 organizations on both the employers' side and the 
employees' side. After a major industrial dispute in 1989 the 
workers' and employers' organizations acknowledged by mutual 
agreement each other's right to negotiate and conclude 
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 and call a lockout. The state 
contributed to the system by establishing an institution for 
impartial and independent concilation in cases where the parties 
fail to reach agreement. The state further set up a special 
court, the Industrial Court, where expert judges have to deal 
with cases involving breach of a collective agreement. The 
principles of this system remain unchanged today, although the 
agreement has been renewed several times. Consequently there is 
still a strong tradition that questions concerning pay and 
working conditions are determined 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 
discussions. 
29. The Danish trade union movement is made up of a number of 
national unions, each covering a specific trade or occupational 
field. Some of these unions - with a membership of 1.42 million 
(1990) workers out of the total workforce of about 2.9 million 
(1989) - are affiliated to the Federation of Danish Trade Unions 
(L0). Other unions have joined the Federation of Public 
Servants' and Salaried Employees' Organization (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' 
organizations. Although the membership rate on the employers' 
side is lower than on the employees' side, these central 
organizations 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 
covers one third of the labour market, so the public employer is 
the biggest employer. Most fields within the public sector are 
regulated by collective agreements similar to those applying in 
the pr ivate sector. 
- 60 -
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 
stage of the Commission initiative to the taking-up of the 
Danish position in connection with adoption in a Council 
meeting. The implementation of directives, etc. also takes place 
in cooperation with the social partners, in some cases in the 
form of collective agreements, subject to the state's principal 
responsibiIity. 
FRANCE 
- 62 -
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 
nat ionals. 
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. 
Recognition of diplomas 
A clear distinction must be made between the recognition of diplomas 
for academic and occunatinnal nnrnnsAs. 
- 63 -
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 
ini t 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). 
Front ier 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 (FeI linger 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 
and Hainaut, making use of the WaI Ionian, 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. 
- 64 -
Finally, there are also computerized systems for the exchange of 
information on vacancies between the employment services of : 
WaI Ionia and Nord-Pas de Calais 
Baden-WUrttemberg and Lorraine 
Saar/Rhine land-PaIatinate and Alsace. 
Such systems also exist between Italy (Piedmont) and Rhône Alpes, 
but still on a manual basis. 
EMPLOYMENT AND REMUNERATION 
QUESTION 4: 
Apart from conditions relating to competence which apply to certain 
professions, there are no general provisions preventing access to 
employment for certain persons. 
QUESTION 5: 
Fair remuneration 
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" 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. As of 1 July 1990 
the minimum growth wage stood at FF 32.66 per hour, giving a monthly 
remuneration (for 169 hours) of FF 5 519.54 gross and a minimum of 
FF 4 524.16 net. 
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. The Commission Nationale de la Négociation Collective, 
which met on 8 and 26 June 1990, laid down the objectives to be 
achieved through sectoral negotiation by 1992: 
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. 
- 65 -
An initial review in June 1991 found that these objectives had 
already been partly achieved. 
Wages of atypical workers 
Atypical workers (those on fixed-term contracts as per Articles 
L 112-1 et seq. of the Labour Code or temporary work as per Articles 
L 124-1 et seq. of the Labour Code) 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 
allowance 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 allowance of 10%. 
Part-time workers (Articles L 212-4-2 et seq. of the Labour Code), 
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 
t i me. 
Witholding. 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 famiI y. 
QUESTION 6: 
Any person seeking paid employment can benefit from public placement 
services free of charge by registering with the national employment 
agency. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
QUESTION 7: 
Duration and organization 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 
discretion. 
Since 1982, the duration and organization of working time has been 
the subject of a series of reforms forming part of a general 
movement towards flexibility and diversity of contract conditions in 
preference to a standardized statutory norm. 
- 66 -
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 organization procedures 
laid down by the Decrees of 1937; 
organization of weekend shifts as an exemption, by agreement 
applicable to the sector or company, from the principle of 
Sunday rest; 
flexibility of working time organization during the week in 
connection with reducing working hours and limiting overtime. 
The Law of 13 November 1982 made it compulsory for companies to hold 
negotiations at least once a year on the effective duration and 
organization of working time. 
The Law of 28 February 1986 introduces provisions for the 
organization of working time (flexibility of working time, rest 
days) and makes 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 harmonizes certain procedures 
for organizing 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 implemention 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 on the promotion of employment through in-house 
training, aid to social and occupational integration and 
organization of working time, introduced pursuant to the third 
employment plan. Its provisions on working time include two 
para I lei object ives: 
organization of working time to favour employment, by extending 
the duration of equipment use and encouraging improvements in 
job shar ing; 
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. 
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. 
- 67 -
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 in principle reduced to 18 
months (from 24), with a number of specified exeptions. 
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 such employees who are assigned to workplaces 
presenting specific hazards-, the company must draw up a list 
thereof. 
Generally speaking, vocational training for non-permanent workers 
has been improved. 
Finally, the Law introduces penalties for infringements of the 
regulations on fixed-term contracts and increases those relating to 
temporary work and the illegal subcontracting and hiring out of 
labour. 
Part-t ime work 
The statutes governing part-time work provided by the Orders of 26 
March 1982 and 11 August 1986 guarantee such employees a status 
comparable to that of full-time workers. 
The Law of 3 January 1991 adopted pursuant, to the third employment 
plan contains 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 conditions for the 
implementation of this new right, particularly the procedures for 
the submission and consideration of applications, are left to 
negotiation between the employers and employees. After 1 January 
1992 the government will study the outcome of these negotiations and 
take any necessary action. 
Procedures for collective redudancies 
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 
- 68 -
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. 
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. where 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. 
The works committee must be informed and consulted before the 
suspension of payments is announced, if compulsory financial 
restructuring proceedings are started against the company, before 
any decision on the continuation of activities and when a financial 
restructuring plan is being drafted. The person or persons which 
the committee appoints to represent it 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, in the event of compulsory financial restructuring or 
liquidation. 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. 
QUESTION 8: 
Since the Order of 16 January 1982, employees have been entitled to 
2Vz 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 
providing in many cases for two consecutive rest days per week. 
QUESTION 9: 
Conditions of employment are not necessarily set out in a written 
document. 
However, in some cases the law requires a written contract and 
specifies the clauses which must be included. This applies to all 
contracts other than open-ended full-time ones. 
- 69 -
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.). 
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, 
hospitalization, medicines, etc.). 
French social security is therefore organized 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 has become more generalized in 
that 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; 
- 70 -
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 
"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 having 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 
"minimum integration income" 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 handicapped 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 2 888 
per month plus FF 935 per dependent child). 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
QUESTION 11 
Organizations wishing to operate under the Law of 21 March 1884 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 institutionalized control by the authorities. 
- 71 -
French legislation does not therefore contain any obstacles to the 
formation of professional or trade union organizations by employers 
and workers of the European Community. The freedom to Join or not 
to Join a union is expressed in the preamble to the Constitution. 
Any discrimination resulting from the failure to respect this 
freedom is subject to penalties. 
QUESTION 12: 
Agreements may be negotiated at interprofessional, sectoral or 
company level. 
Whatever the level of negotiation, only the representative trade 
union organizations may negotiate with the employers' organizations 
or groups or with one or more individual employers. Representative 
trade union organizations are: 
the organizations affiliated to one of the five confederations 
considered to be representative at national and 
interprofessional level; 
organizations which have demonstrated that they are 
representative at the level where 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' organization and by a union 
which is representative of the employees. Unanimous agreement of 
all negotiating parties is not essential. 
However, agreements do not apply to all companies. To counter this 
situation, the Ministry of Labour may adopt an Extension Order to 
make a sector agreement applicable to all companies whose main 
economic activity is that of the sector and which are in the 
geographic area specified in the agreement. Extension of a sector 
agreement thus means that it applies to all companies in the sector, 
even where the employer is not a member of one of the employers' 
organizations which have signed it. 
Negotiations may be entered into at any time at the initiative of 
the negotiators on subjects of their choice. However, negotiations 
on certain subjects are compulsory, at intervals laid down by the 
Law of 13 November 1982, as follows: 
at sector level: all employers' and employees' organizations 
which are party to a sector agreement must negotiate wages at 
least once a year and categories at least once every five years; 
at company level: wages and the duration and organization of 
working time must be negotiated every year in all companies with 
at least one union delegate; the procedures for applying the 
right of expression must be negotiated in certain companies. 
- 72 -
QUESTIONS 13 and 14: 
The r ight to str ike 
Paragraph 7 of the preamble to the Constitution states that the 
right to strike shall be exercised within the framework of the laws 
governing it. However, this framework of laws has been invoked only 
to a very limited extent. 
In the public sector, the imperative need for continuity of the 
public service has justified limitations and in some cases 
abrogation of the right to strike and the institution of a 
special procedure. 
Legislation has been introduced to ban strikes by judges (Order of 
22 December 1958), military personnel (Law of 13 July 1972), police 
officials (Law of 9 July 1966), staff of the external services of 
the prison administration (Order of 6 August 1958), officials of the 
state security police (Law of 27 December 1947) and staff of the 
Interior Ministry's transmission services (Article 14 of the Law of 
31 July 1968). 
Legislation also ensures that in the event of a strike a minimum 
radio and television service can be provided (Laws of 7 August 1974 
and 26 July 1979) and limits the right to strike in the air 
navigation services (Law of 31 December 1984 and Decree of 8 July 
1987). 
A specific procedure must be followed, consisting of five days' 
advance notice to be given by one or more representative trade union 
organizations, and the obligation to negotiate during this period 
must be respected (Law of 31 July 1963). 
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. 
- 73 -
VOCATIONAL TRAINING 
QUESTION 15: 
1991 sees the 25th anniversary of the Law of 1966, which laid the 
foundations for a modern vocational training policy, and the 20th 
anniversary of the Laws of 1971, which allowed the joint agreement 
signed by both sides of industry in 1970 to be implemented fully. 
The Law of 4 July 1990 on training entitlement constitutes a new 
stage in French legislation on vocational training law, introducing 
the principle of the right of members of the workforce to 
qualifications, whether or not they have a Job. 
The youth training entitlement system became operational, as 
planned, at the beginning of the 1989/90 academic year. The 
objective was to allow 100 000 job-seekers under 26 years of age to 
attend training courses leading to genuine qualifications. 
Between the beginning of the individual training entitlement scheme 
(September 1989) and the end of April 1991, 200 000 persons had 
started a training course under the scheme. 
Furthermore, it is estimated that around 10% of the young people 
entering the individual training entitlement scheme directly via a 
further education course, a course to prepare young people for 
working life, an alternance training contract, or some other adult 
vocational training course or course organized by the regional 
authorities were not accepted by the CNASEA (National centre for the 
improvement of agricultural holdings and structures) before 31 
December 1990 following this first stage. 
So that young people can be offered training courses taking account 
of their background, potential and available training possibilities, 
"skill assessments" are proposed. 
Between October 1989 and December 1990, 94 603 skill assessments 
were carried out (duration between 6 and 16 hours). 
A estimate based on an inter-regional survey shows that 80% of 
trainees at the qualifying stage opted for either commerce (35%), 
office Jobs (25%) or hotels and catering (20%) (source: IREDU 
October 1990). 
By the end of January 1991, 18 988 young people had obtained at 
least a partial certificate and 5 499 a full certificate for level 
vC), giving a total of 24 487 young persons (source: DFP -
January 1991 survey, metropolitan France). 
Various provisions are already being considered with a view to 
introducing the following improvements: 
(1) Excluding the certificates of vocational training obtained through 
qualification and apprenticeship contracts; these are included under 
individual training scheme courses, but numbers could not be 
obtained bv this survey. 
- 74 -
diversification of training courses: 
To be achieved by extending the range of trades and completing 
measures aimed at integration, giving rise to a procedure for 
returning to training (courses on initiation into working life, 
themselves revamped, "solidarity" employment, measures under the 
minimum integration income system) and arrangements for 
acquiring genuine qualifications, e.g. apprenticeship and 
qualification contracts. 
On the basis of existing training arrangements, the vocational 
training entitlement system is to be extended gradually to all 
workers (young, adults, employed and unemployed) who have not yet 
obtained a vocational or technical diploma through individual 
training leave. 
The conditions are established for utilization of the various means 
likely to guarantee real access to qualifications, i.e. consultation 
and guidance, help with taking a decision, assessment of skills 
already acquired and access to training leading to recognised 
quai i f icat ions. 
These procedures have already been applied to young job-seekers, 
whose needs are more urgent, but unqualified workers faced with an 
employment problem, in their company or on the labour market, are 
also a priority case regarding the right to qualifications. 
The agreement of 18 March 1990 between the two sides of industry 
(responsible for administering individual training leave) and the 
State has opened up the training entitlement system to employees. 
The means thus made available are likely to lead rapidly to the 
doubling of the numbers of beneficiaries by taking in active workers 
without vocational qualifications. 
The employers' contribution to the financing of individual training 
leave has gone up from 0.10% to 0.15% of their total wage bill. The 
State has allocated a budget of FF 500 million for individual 
training of employees in 1991. This means that as from next year a 
total of FF 1 000 mi I I ion will be spent on this new mechanism. 
One of the objectives of the Law of 4 July 1990 is to promote 
quality and innovation. The Law requires training programmes to be 
approved before agreements are signed by the State and also imposes 
stricter controls on training bodies. 
It is necessary to improve training for instructors and for the 
persons responsible for training young people in companies, to 
increase the amount of general and technical education in training 
programmes and to make greater use of modern training methods, 
particularly the multi-media. 
The recovery of the economy has revealed shortages of qualified 
labour affecting around 50% of industrial concerns. The measures 
introduced to provide qualifications for all those who are without, 
particularly through the individual training entitlement scheme, 
will remedy this situation. 
- 75 -
However, 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 is being modernized and 
extended to higher levels of training. Large sums are also 
earmarked in the 1991 draft budget for the ongoing training of 
engineers in order to have an annual output of the qualified 
engineers needed. 
France also now has to prepare itself for the emergence of new 
occupations - hence the schemes to provide new qualifications. 
Support is given to companies and sectors to help them achieve three 
essential aims: 
to create optimum conditions for the negotiated modernization of 
the economy, integration of technological change and adaptation 
to increased competition on the markets-, 
to encourage a fundamental change in the attitude of the various 
parties in the economy by involving employees in the 
implementation of negotiated modernisation; 
to help unqualified employees obtain a first qualification. 
Priority tools in this connection are forecasting contracts and 
training development commitments. 
The principles of State activity are based on four lines of concern: 
to ensure that contracts take the form of an agreement covering 
the company's training policy over several years-, 
to ensure that the funding according to such an agreement 
represents a significant increase over the previous level of 
expenditure and normal practice within the sector; 
to improve the quality of the company's training plan; 
to make use of several levels of intervention, namely sectoral 
or interprofessional group agreements and individual agreements 
with specific companies, with contracts as a whole capable of 
being administered on a national or regional basis. 
Since 1988 20 forecasting contracts have been concluded or are being 
prepared, covering a large part of French industry. State aid 
supplements the financial investment of the sectors to the amount of 
50% of the cost of the studies. In 1988 this amounted to 
FF 15 mi I I ion. 
In 1990 the State allocated a total of FF 420 mi I I ion to training 
development commitments, covering almost 400 agreements. 
FF 218 million went on regional measures alone^2), including 
FF 3 million on accompanying measures (aid for advisory and 
consultancy services) benefitting 132 951 trainees in almost 5 500 
companies, which themselves spent FF 330 million on these 
act ivi t ies. 
(2) The figures for the Languedoc-Roussi I Ion region are not yet 
- 76 -
The detailed figures for national agreements in 1990 are not yet 
available. In 1989 there were 302 agreements and 71 770 trainees, 
and the amount of FF 132 million was spent by the State. 
Total contract policy expenditure in 1989 represented 1.7% of GDP. 
Negotiations between the two sides of Industry started on 5 February 
1991 with the aim of bringing vocational training into line with the 
needs of the 1990s. Negotiations will take account of the 
possibilities opened up by the new administrative procedures and 
regulations, developments in French manufacturing industry and the 
modernization of companies. Training problems must be analysed at 
the local level closest to the emergence of needs. 
The national interprofessional agreement on vocational training was 
concluded on 3 July 1991 and signed by all parties except the 
representatives of the Confédération Générale des Travailleurs. 
The plan is to incorporate the main principles into legislation in 
the autumn of 1991. 
The right to continuing training is a territorial one, i.e. any 
person from an EEC Member State resident in France and employed by a 
French company has the same rights to continuing training as a 
French employee in accordance with the provisions in force. 
However, there is a problem as regards linking the regulations of 
the different Member States, particularly the question of how the 
legislation of the host country can take account of the rights which 
an employee has built up in his or her country of origin. 
EQUAL TREATMENT FOR MEN AND WOMEN 
QUESTION 16 
I Occupât ion 
Law No 83-635 of 13 July 1983 transposed Directive 207/76/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 has set up a High Council for equal opportunities at work 
which is made up of representatives of the administrations that 
equal opportunities concern most, including the directorate for 
employment relations, representatives of trade union organizations, 
representatives of employers' associations and individuals with the 
r ight qualificat ions. 
This Council was set up on 17 July 1984. It was chaired by the 
Ministry for Womens' Rights then by the Ministry for Social Affairs 
and Employment and is now chaired by the Secretary of State for 
77 
Women's Rights. It has an advisory role on documents relating to 
equal opportunities for women or conditions of employment and 
receives a report every two years taking stock on equal 
opportunities at work, listing action taken in this field by the 
ANPE (national employment agency), the AFPA (association for adult 
vocational training), ANACT (national agency for the improvement of 
working conditions), the Labour Inspectorate's departments 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: 
An instrument for diagnosing the situation in enterprises: a 
report on the comparative position of men and women which is 
obligatory in enterprises with more than 50 workers. 
An instrument for negotiation: the agreement on equal 
opportunities at work concluded by the enterprise or the branch 
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 enterprises and 
industr ies. 
The latter encourage diversification of the jobs occupied by 
women and facilitate their access to qualifications for jobs 
where they are under-represented. 
State aid for enterprises has two aims: 
to promote diversification of women's employment and to 
encourage them to obtain qualifications or jobs where they are 
in a minority (80% men). 
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' 
organizations who 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 enterprises with 
fewer than 300 workers to conclude an agreement with the State to 
enable them to receive financial aid 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. 
- 78 -
I I Social security 
A. In general, eoual treatment for men and women has been largely 
achieved and discrimination against women eliminated in social 
secur i ty 
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 (which subsequently has 
become Article L 731-4) in 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 provides that - with some exceptions - clauses 
which do not comply with the principle of equal treatment for 
men and women and which are not deleted 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 
provisions 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 or increase of the insurance 
period for bringing up a third child. 
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 extension 
to men of the same provisions - the cost of which would be high. 
I I I Specif ic cases 
The rights of spouses of self-employed workers who have no 
occupational status 
It should be stressed that French legislation provides very largely 
for equal treatment of the spouses of self-employed workers, both as 
regards the option of joining a social security scheme, 
acknowledgment of the work done and protection in the event of 
pregnancy and motherhood. 
- 79 -
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 who enjoy the same social security rights as 
other paid workers (statutory insurance scheme), 
associates who are 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 helping 
in one-man companies with limited liability the right to Join a 
self-employed workers' pension scheme if they were not covered 
by the statutory scheme. The fifth indent of Article L 742-6 of 
the social security code was amended accordingly. 
2) As regards the liberal professions. Article L 643-9 of the 
Social Security Code amended by Law No 87-588 of 30 July 1987 
henceforth enables surviving spouses to add their own rights, 
irrespective of what social security scheme they were derived 
from, to their derived entitlements up to the limits established 
by Article D 643-5 of the Code. 
In addition, spouses helping members of the liberal professions 
were granted the possibility of acquiring their own old-age 
pension rights (with the scheme for the profession concerned) by 
Decree No 89-526 of 24 July 1989. 
3) As regards lawyers. Article 5.III of Law No 89-474 of 10 July 
1989 enacting provisions relating to social security and 
continued training of hospital personnel was complemented by 
Article L 724-6 of the social security code to enable spouses of 
lawyers helping in the practise 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 had introduced 
maternity 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 
- 80 
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 cited above provides 
for maternity benefits to be extended to the unpaid spouse of 
the head of an enterprise, if this is a one-man, limited 
liability company. The law modifies Article L 615-19 of the 
social security code accordingly. 
The policies pursued in the past few years aim 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 choose freely. 
The work undertaken in this field covers all forms of childcare for 
children of under 6 years, permanent childcare, temporary childcare 
and care for older children of preschool age. 
The government is keen to develop various types of childcare by 
reintroducing contract nurseries, improving grants for child-minders 
and introducing childcare contracts. 
Specific approaches are being examined in cooperation with the 
parties involved - local government, family allowance funds and 
family associations. 
In addition, it should be noted that financial assistance is granted 
to parents who are in gainful employment and wish to have their 
child cared for at home. 
A child care at home allowance, introduced by Law No 86-1307 of 29 
December 1986 which has been 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 is intended to cover the costs of the social welfare 
contributions (employers and employees) involved in employing 
somebody to care for children at home. 
Child care at home allowance is part of an overall strategy aimed at 
offering positive help to the many families - which are 
indispensable for rejuvenating the population - encountering 
particular difficulties following the birth of their third child. 
Parental leave 
Any man or woman who can provide evidence of at least one year of 
service is entitled to parental leave of up to three years (one year 
being applied for initially, then extended twice) after the birth of 
a child or arrival at the home of an adopted child. Both the mother 
- 81 -
and father and adoptive parents are entitled to parental leave which 
can be granted to both parents simultaneously or at different times. 
It can either take the form of complete stoppage of work, during 
which the employment contract is suspended, or part-time work with a 
free choice between 16 hours a week and 80% of full-time working 
hours. The latter disposition, 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 
of Law No 91-1 of 3 January 1991 on employment. 
Parental leave is a right except in enterprises of less than 100 
employees where the employer can refuse it if, after consulting the 
works committee or the staff delegates, he thinks that the absence 
of the worker would have consequences detrimental to the sound 
operation of the enterprise. 
After the period of parental leave the worker returns 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 
advantages accruing from seniority. 
Parental benefit (a family benefit created in 1985 and extended to 3 
years in 1986) can be paid to one of the parents who is not working 
after the birth of the third child, as long as this person has 
worked at least two years during the previous 10 years. Should the 
parent return to work he or she may work up to 50% of the normal 
working hours and receive 50% of the benefit after the 2nd birthday 
of the child, 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. 
Postnatal leave 
Any parent who does not fulfil the conditions for parental leave (at 
least one year's service) can ask for leave to bring up a child 
(Article L 122.28, Article L 122.30 of the Labour Code). There are 
no conditions of length of service or number of employees in the 
enterprise. Unlike other forms of leave, postnatal leave involves 
terminating the contract of employment but the worker retains 
priority if he wishes to return to the enterprise. 
Leave for family events 
Leave for the birth of a child 
This comprises three days for each birth and adopted child. This 
leave can be taken by the mother in the special case of adoption 
provided that she does not take leave for adoption. These three 
days - either consecutive or not, as agreed between the employer and 
the beneficiary - must be taken when the event occurs unless a 
collective agreement offers more favourable conditions. 
Please see the appended sheet for other leave for family reasons. 
- 82 -
Provisions for workers when a child is ill 
Where these provisions exist they are set out in collective 
agreements. Any agreements concluded after the law on equal 
opportunities at work of 13 July 1983 provide for leave being open 
to fathers and mothers. The interministerial committee for women's 
rights which met on 8 March 1991 has decided to create a working 
party to study "the problems arising in taking care of children when 
they are ill (...) and to examine what government can do to induce 
the two sides of industry to discuss this issue". 
A study financed by the Secretary of State for Women's Rights is 
also being carried out on this topic. This is part of the follow-up 
to the activities of a working party of the High Council for Equal 
Opportunities at Work. This working party, which is partly made up 
of the two sides of industry, put out a report in 1989 entitled: 
"Gestion des entreprises et prise en compte des responsabilités 
familiales" (management of enterprises and family commitments). 
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 child-minders - 26% 
by means which are not recognised officially: non-approved 
nurses, grandparents, family, neighbours - 56% 
Of the facilities for occasional childcare, day nurseries currently 
offer approximately 37 000 places. 
Parental nurseries have been set up on the initiative of parents or 
professional childcarers. Parents are more directly involved in 
running these, but they are relatively unstable institutions. 
It is mainly the responsibility of local government to create 
childcare facilities. The responsibility for this policy is shared 
between the State (via regulations), the network of family credit 
institutions and local authorities (municipalities and départements) 
and sometimes enterprises and works councils. 
Two instruments set up by the National Family Credit Institution 
have enabled a contractual policy to be developed: contract 
nurseries between 1983 and 1989 and then childcare contracts which, 
from 1989 onwards, cover all childcare facilities admitting children 
of up to 6. Since 1 January 1991 they have been extended to the 
overseas départements. 
At present there are almost 220 000 places in childcare facilities 
as against 100 000 in 1980. 
Nursery schools 
Which take children between 3 and 6 years of age 
- 83 -
80% of 3-year olds are at nursery school 
almost 100% of 4-year olds are at school. 
In the more special cases of isolated persons (or single parent 
families) the situation is largely covered by family benefit 
legisiat ion. 
They receive special benefits such as the family support benefit and 
the single parent benefit which are very high. 
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 the foster family to bring up any 
orphans whose charge they assume; 
Lone parent's allowance, introduced by the law of 9 July 1986, 
intends to provide temporary (means-tested), aid 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 
chiId on their own. 
Current regulations also allow single women who are heads of 
families and have to look after a child to receive housing benefit 
if certain conditions regarding means are met. 
They may also continue to benefit from an increase in their tax 
a Ilowance. 
It should be stressed that the child care 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). 
- 84 -
LEAVE FOR FAMILY EVENTS 
(Art. L-266-1 of the Labour Code) 
Leave Benef(claries Durât I on Forma I(ties Effects on the 
the contract of 
empIoyment 
Bi rth 
Ma r r i age 
Death of 
spouse 
Death of 
child 
Ma r r i age 
of child 
Death of 
father 
Death of 
mot her AM workers 3 days Evidence to 
be p rov i ded 
on request of 
company Suspended on 
full pay 
4 days 
2 days 
1 day 
1 day 
L a w _ o f__l £ _ £ a HH£iy._l£Z §. _£££ Ill±_ *££. Ji £JL£ * i !£_£!_ L •£ *l^j_monthssenior i ty 
Death of 
brother 
Death of 
sister 
Mi I i ta ry 
caI I-up The fol Iow i ng 
are excIuded: 
homeworkers, 
casual, 
seasonaI and 
tempore ry 
worke rs 1 day 
Collective agreements may offer longer periods 
of leave or leave under other circumstances 
- 85 -
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, a number of French groups have themselves found it 
necessary to introduce such arrangements. At the moment, eight 
groups have set up or are in the process of creating a system for 
informing and/or consulting their employees throughout Europe (BSN, 
Bull, Thomson Consumers Electronics, Airbus Industries, Carnaud, 
Rhône-Poulenc, Péchiney, Saint-Gobain). There is a certain degree 
of diversity in the systems introduced. 
QUESTION 18: 
The main characteristics of the workforce representation system in 
France are shown in the attached table, as the structures within 
companies are becoming more and more complex all the time. 
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 is based on the main 
functions of works committees, which are concerned with all economic 
and vocational questions. Furthermore, in some areas, their 
responsibility is laid down in the Labour Code. This applies to all 
the subjects mentioned in the third part of the question. However, 
transfrontier workers are not given special treatment, but are 
covered by the system of information and consultation concerning the 
situation and developments in respect of employment and 
qua I if icat ions. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
QUESTION 19: 
Community Directives 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 will therefore help to plug a number of gaps. The 
Directive on display screen equipment will, for example, ensure that 
more attention is paid to the working conditions of the employees 
concerned, whose number is rising steadily as a result of the 
86 -
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 
infection. 
European law will also play a part in the modernization of French 
regulations. This applies, for example to: 
risks connected with handling heavy loads; 
protection against the risks related to carcinogens; 
design and use of machinery, plant and personal protection 
equipment. 
1991 is expected to see the adoption of a Bill amending the Labour 
and Public Health Codes to improve the prevention of occupational 
hazards, by transposing seven European Directives on health and 
safety at work. 
Worker participation 
Commi ttees 
inst ituted 
employees' 
areas. on hygiene, safety and working conditions (CHSCT), 
by the Law of 23 December 1982, closely associate 
representatives with the action to be taken in these 
These committees bring together employees' and employers' delegates. 
A company's committee analyses work situations and delivers opinions 
to the employer on all matters for which it is competent. 
Eight years after the entry into force of this Law, the situation 
began to call for certain amendments to make its provisions more 
effective. Several measures in this direction are contained in the 
Bill to amend the Labour and Public Health Codes to improve 
prevention of occupational hazards. For example, the right to 
training for workforce representatives on the CHSCT will be extended 
to all companies. Provisions will allow committees to make wider 
use of experts in order to take action (preventive or otherwise), as 
is the case today, following a serious accident. The means to be 
provided for their operation will also be specified. Finally, the 
threshold for the compulsory creation of a CHSCT in the construction 
and civil engineering industries will be lowered to the statutory 
f igure. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
QUESTION 20: 
The statutory minimum employment age is 16 years, with the following 
exempt ions: 
young people who can provide evidence of having completed the 
first stage of secondary education may enter apprenticeships at 
the age of 15; 
- 87 
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), children may 
attend basic or practical training courses in approved 
agricultural enterprises; 
young people aged 13 or over may 
holidays (Law of 3 January 1991). do light work during school 
QUESTION 21 : 
In the same way as adults, young workers are covered by statutory 
and agreement-based guarantees regarding remuneration. However, 
young workers 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. Similarly, some sectoral collective agreements 
provide for reductions in minimum wage levels as a function of age. 
QUESTION 22: 
Durât ion 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 responsible 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 consecutive rest. 
Pub Iic 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. 
- 88 -
Vocational training 
Vocational training for children and adolescents is by definition 
basic vocational training, which is the responsibility of the 
Ministry of National Education. 
In very specific cases (seafaring trades, entertainment industry, 
circus school, etc.), the appropriate ministry is responsible for 
ensuring that the regulations in force are observed. 
QUESTION 23: 
The government's priorities in improving the link between training 
and employment are directed towards smoothing the transition to 
working life for young people. 
A number of measures have recently been introduced in this 
connect ion: 
plans for the development of apprenticeship (creation of an 
apprenticeship delegation, involvement of industrial groups, 
improving the status of apprenticeship contracts); 
the launching of "Decomps chains" for engineer training. 
Furthermore, to respond to the demands of economic competitiveness 
and allow young people to acquire a qualification facilitating their 
vocational and social integration, the Ministry of National 
Education has set up the following system: 
1) Vocational secondary schools 
As from the end of third year, pupils may be prepared 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 
technical or vocational Baccalauréat, with the objective of entering 
work ing I i fe. 
2) Higher technological education (short courses) 
a) 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. 
b) Advanced technician departments offer more highly specialized 
courses than the university institutes of technology. After two 
years of study, a higher-level diploma in technology (BTS) is 
awarded, available in 87 specialized subjects. 
c) 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, 
orthoptics, hearing aid dispensing or psychomotor development. 
- 89 -
3) University institutes of professional skills (IUP), due to open 
in 1991/92, represent a similar approach, attempting to tailor 
the training offered to suit the needs of the employment market. 
Holders of a DUT or BTS will be able to enter the second year of 
an IUP. 
Initially, these institutes will offer training, at Baccalauréat 
+ 4 level, in five areas, namely consultant engineering, 
communications, administration, commerce and financial 
management. 
4) 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; 
to foster the occupational integration of young people 
holding a level IV diploma (level III under the European 
classif icat ion). 
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). 
THE ELDERLY 
QUESTION 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, a single quarter being sufficient to 
give ent itlement. 
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 
- 90 -
average career wage. Taken as a whole, former manual 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 2 855 per month (as of 
1 January 1991) 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 ail up to 
the level of the benefit paid to former employed workers 
(FF 1 270 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 1 710 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 37 770 
for a single person and FF 64 180 for a couple. 
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 a Ilowance (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 
- 91 -
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 January 1991 
amounting to FF 2 146 per month, and the handicapped 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 2 980 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 handicapped 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 handicapped 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 handicapped), personal 
insurance contributions and medical care at home - the latter 
subject to three years' residence in metropolitan France. 
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 
QUESTION 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. 
- 92 -
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 chiIdren 
1.1 Education 
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 
connect ion. 
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. Two supplements may be added to the basic allowance, 
depending on the degree of the child's dependence. 
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 handicapped 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. 
93 -
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 handicap. This is provided by 
the State in the form of the handicapped adult's allowance. 
Disabled persons who require assistance for essential activities 
also receive financial compensation from the regional 
author i t ies. 
Finally, persons whose working capacity is reduced as a result 
of a handicap 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 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 rationalized combination of 
guaranteed resources and the handicapped 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 
envi ronments. 
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 
- 94 -
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 
handicapped workers: 
1) Creation in each department of a technical committee for 
vocational guidance and redeployment (COTOREP), which is 
responsible for the overall situation as regards handicapped 
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. 
2) Creation of teams to prepare and monitor the redeployment of 
the disabled (EPSR); these number 88 (50 state and 38 
pr ivate). 
3) 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 intégrât ion 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 handicapped 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 handicapped persons 
and all those with reduced mobility such as the elderly, the 
Department for the Disabled and Victims of Accidents and the 
Ministry of Transport have organized 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. 
- 95 -
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 handicapped 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 benefits 
granted by Compagnie Air Inter to persons accompanying 
handicapped 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 Handicapped" 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 handicapped persons in order to be able to 
claim entitlement to various advantages granted to holders of 
the disabled person's identity card. 
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 handicapped; 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. 
The legislation provided for in this programme is currently 
being studied by the Senate. 
IMPLEMENTATION OF THE CHARTER 
QUESTION 27: 
In France, since adoption of the Charter, its objectives although 
already achieved to a wide extent, have served as a reference for 
the reform of legislation and regulations and for collective 
bargaining. 
GERMANY 
- 97 -
INTRODUCTION^1) 
The Basic Law of the Federal Republic of Germany stipulates that it 
is a democratic and social federal state. This provides the 
cornerstone for a welfare state system which protects the 
economically disadvantaged, guards against the major risks in life 
and works towards equality of social opportunity. This is translated 
into practice via the concept of the social market economy. 
A social policy which is geared to a country's economic potential and 
yet independent of it not only demands a positive trend in the 
economy and the labour market, it also guarantees the long-term 
stability, reliability and financing of the social security system. 
These basic principles, rooted in law and politics, place Germany 
fully in line with the Community Charter, transcending differences in 
party politics and social groupings. 
These basic principles now need to be applied as quickly as possible 
to the five new Lander. The economic, monetary and social union and 
unification Treaties have created the basis for a single welfare 
state in Germany. The task now, after unification, is to create 
social and economic unity and a uniform standard of living. In 
political terms and in the interests of the worker, this means social 
measures to smooth the transition from a planned economy to the 
social market economy. 
AID FOR THE HARMONIZATION OF WORKING AND LIVING CONDITIONS 
Labour market policy 
It is, unfortunately, inevitable that there will be some unemployment 
and short-time working during such a period of upheaval. In May 1991 
the jobless total in the new Lander (including East Berlin) was 
840 000 and the unemployment rate was 9.5%. In addition, there were 
1.9 million short-time workers, suffering an average loss of 56% of 
the working week. However, the rapid introduction of specific labour 
market instruments is already having an effect. The newly created 
public employment service already has about 19 500 employees; further 
posts have been approved and about 900 civil servants from the 
western Lander are acting as advisers. The service has been able to 
find some 40 000 jobs a month over the past, few months, including Job 
creation measures. By the end of May some 114 000 former unemployed 
were in Job creation schemes. 
The further vocational training encouraged by the employment offices 
has been a particular success. Since the beginning of the year 
281 000 employees have begun advanced training, retraining or on-the-
job training. DM 6.6 billion has been made available for further 
vocational training in the five new Lander in 1991, enough to benefit 
an average of about 350 000 employees a year. 
The pre-pension allowance is also helping to take the pressure off 
the labour market. By the end of May about 141 000 workers were 
drawing this. Under the new provisions the unemployed in eastern 
Germany can now claim this money during the second half of 1991 if 
(1) Period concerned: January 1990 - June 1991 
- 98 -
they have reached the age of 55 (previously 57), taking the period 
for which it can be claimed up from 3 to 5 years. Over 100 000 
employees will be able to benefit from this new scheme, receiving 65% 
of their most recent net salary. There were also 372 000 recipients 
of early retirement pensions, based on a scheme which applied in the 
ex-GDR until 2 October 1990. 
The Federal Government has also decided to extend the particularly 
generous scheme of allowances for short-time work in the new Lender 
to the end of 1991; this will mesh short-time work in more closely 
with skill acquisition and further training measures. 
The new Lander have special schemes for job creation measures which 
will apply until the end of 1992. They provide for the Federal 
Employment Office to grant providers of Job creation measures 
subsidies of up to 100% of wage costs and of up to 30% of the wage 
bill for material costs. There are also interest-free loans. 
Including the "Gemeinschaftswerk Aufschwung Ost" ["concerted effort 
for economic recovery in the eastern Lander"] a total of DM 
5.2 billion is available for job creation measures in 1991. This 
will give 280 000 workers fixed-term work in environmental protection 
and countryside conservation, the rehabilitation of industrial sites, 
social services and the sport and leisure sector. 
Women in the labour market 
Labour market adjustments in eastern Germany are causing excessive 
unemployment among women; at 11.1% the rate is about 3 percentage 
points higher than for men. Policy measures favouring women on the 
labour market are therefore particularly important. Women currently 
have an appropriate share of the number of places in further 
education and retraining - 60% - but at 36% their share of job 
creation measures is still too low. Increased public measures in 
favour of women are already beginning to bear fruit. 
The European Social Fund 
European Community financial aid via the three structural Funds -
agriculture, social and development - carries considerable weight. 
It is important here for the content of Social Fund measures at the 
national level to be closely linked with measures aided by the other 
Funds. 
Alongside the public employment service's measures which have already 
started up, federal initiatives and, in particular, labour market 
activities by the new Lander will be supported by the ESF with the 
aim of developing vocational programmes which exceed the scope of the 
Labour Promotion Law and improving the vocational training 
infrastructure. Higher standards of training are known to improve 
the attractiveness and the competitiveness of a region. 
There are considerable difficulties with administration in the new 
Lander. In order nonetheless to set the planned measures in motion 
the Federal Minister for Labour and Social Affairs has proposed that 
- 99 -
the new Lander make use of the "technical assistance" of tried and 
tested organization specialists, and has submitted applications for 
such assistance to the Commission. A Joint coordinating group from 
the Ministry and the new Lander has been set up to implement the 
measures. 
Employment law 
The introduction of free collective bargaining in the ex-GDR on 1 
July 1990 was successful. Collective agreements are now in place for 
practically the whole region. Some sectors already possess 
collective bargaining systems after the West German model. About 75% 
of the some 8 million employees are now covered by such agreements. 
The objective remains to harmonize the different standards of living 
and conditions of employment in the eastern Lander. Parties to the 
collective agreements will have to take into account productivity 
trends, which are in turn dependent on the willingness of firms to 
invest and on improvements to the infrastructure. 
Initially, then, a restrained wages policy is called for. On the 
other hand, the level of wages in the original Lander is a strong 
incentive to commuting or moving to work there. Pay policy is 
therefore in an explosive phase, with real pay increasing while 
productivity is still declining. 
A further important concern is the election of works councils in the 
new Lander, where there is often too little knowledge of the worker 
representation law and of the electoral system, and where suitable 
candidates are not always forthcoming. Trade unions are trying to 
overcome this lack of information by providing training courses for 
staff representatives. 
SOCIAL SECURITY 
Trying to establish the same standard of living throughout Germany 
means gradually bringing the social security provisions in the new 
Lander up to the high level of the original Lander. With this in 
view the system of pension insurance will apply in the new Lender 
from 1992. Benefits and qualifying periods arising from the old 
systems providing additional and special security benefits - which 
are not known in the west -will be examined and transferred to the 
pension insurance system. 
On 1 July 1991 three million east German citizens received a further 
pension increase of 15%, in line with current trends in wages and 
salaries in east Germany. The basic pension - granted after 45 
insured years on an average income - is thus increased from DM 773 to 
DM 889 per month, which is 50.8% of the western level. This increase 
also applies to accident insurance and war injury pensions. The 
"social welfare bonus" for extremely low pensions is not affected by 
the pension increase. 
- 100 -
POLICY MEASURES FOR THE HANDICAPPED 
The Treaty establishing monetary, economic and social union created 
laws having effect from 1 July 1990 in the former east German 
territory for the integration of the handicapped, these being in line 
with the provisions of west German law. For example: 
- a Job creation law which included provisions for a complete range 
of services for vocational rehabilitation; 
- a severely handicapped persons law, introducing, inter alia, 
special dismissal protection for the severely handicapped, the 
election of representatives for the severely handicapped to works 
councils, the quota system and equalizing levies for unfilled jobs 
for the severely handicapped. 
Therefore, anyone who is physically or mentally handicapped or is at 
risk of becoming so has the right in the new Lander - in accordance 
with the preamble to the General Section of the Social Code - to the 
assistance needed: 
1. to prevent, eliminate or ameliorate the handicap, prevent its 
worsening or alleviate its consequences, and 
2. to guarantee the person a place in society suited to his/her 
desires and skills, particularly in working life. 
This includes a full range of services for the vocational 
rehabilitation of all handicapped persons who need such assistance 
for their integration, in particular: 
- services and institutions geared to providing all handicapped 
persons with the highest possible level of vocational skills, and 
- for the severely handicapped, the special assistance provided for 
under the Severely Handicapped Persons Law. 
Because of administrative preparations many social benefits under the 
new law were not in place until 1 January 1991. With the setting-up 
of new administrative bodies, severe handicaps are now being 
acknowledged and special passes issued which entitle the bearer to 
special pr ivileges. 
The Severely Handicapped Persons Law provides for financial 
assistance to employers (to provide specially adapted workplaces and 
job cost subsidies) to maintain and create Jobs for the severely 
handicapped. In addition, a network of general facilities for 
vocational rehabilitation is being established. In east Germany a 
further 2 500 retraining places will initially be created in 
vocational promotion services, a further 1 800 places in vocational 
training establishments and a further 30 000 or so places in 
workshops for the handicapped. 
- 101 -
A FORWARD-LOOKING SOCIAL POLICY FOR THE WHOLE OF GERMANY 
The labour market: employment test-bed 
The smooth economic upswing in West Germany continued at a faster 
rate, not least thanks to unification. The result was a high rate of 
economic growth, many more Jobs and a decline in unemployment. The 
climate for this was created by the Federal Government's growth-
oriented economic and financial policies and by widening of the scope 
of the active labour market policy. 
These were the results: 
- With an annual average 28 400 000 employed, 1990 saw the highest 
level of employment ever achieved since the Federal Republic came 
into being. Between 1983 and 1990 alone about 2.1 million extra 
Jobs were created, which has much more than made up for the Job 
losses in the early 19890s. 
- At 1.88 million, the jobless figure in 1990 was 350 000 fewer as 
an annual average than in 1986. The unemployment rate was down to 
5.1% (based on total gainfully employed figures, Eurostat method). 
- Expenditure on the active labour market policy more than doubled 
from DM 6.9 billion in 1982 through DM 10.7 billion in 1986 to 
DM 17.7 biI I ion in 1990. 
- On 1 July 1989 a special programme to combat long-term 
unemployment with total funding of DM 1,75 billion came into force 
and it has already achieved some success (with some 60 000 
applications approved for the 'employment aid for the long-term 
unemployed' component). There are also 'measures for special 
categories of long-term unemployed and other difficult cases'. 
Initially the programme received a total of DM 250 million for 
measures to be started by 31 December 1991. The 1991 Budget 
provides for the programme to be extended to the end of 1994 and 
receive a further DM 240 million. 
- The social security function of the unemployment insurance system 
has been considerably expanded. The period in which unemployment 
benefit can be drawn can be up to 32 months depending on age and 
duration of contribution-linked employment. 
Complementing the Early Retirement Law, the end of 1988 saw the 
adoption of the Part-Time Working for Older Employees Law, which 
is a measure to ease the transition from working life to 
ret irement. 
Strengthening workers' rights 
The Federal Government has strengthened workers' co-determination and 
part icipat ion r ights. 
- The revised and expanded version of the Codetermination Law 
stipulates that a group parent company, even one having no coal or 
- 102 -
steel production of its own, remains in the special 
codeterminat ion scheme for the coal and steel industries as long 
as the subsidiaries covered by the scheme together account for at 
least 20% of the group's real net output or employ more than 
2 000 workers. 
The Worker Participation Law, amended in 1988/89, improves the 
rights of the works council to information and consultation during 
the planning and introduction of new technology, strengthens the 
rights of minorities in the works council elections and enshrines 
in law the senior staff's spokespersons' committees. 
Extension of health protect Ion at the workplace 
The following are particularly significant developments in the 
dangerous substances sector, a subject which continues to hold the 
publ ic interest : 
- New concept for establishing pollutant limit values at the 
workplace in consultation between unions and management. 
- Further classification of substances as carcinogenic, mutagenic 
and teratogenic and much strengthened work safety provisions. 
- Extensive guidelines for university-level educational 
establ ishments. 
- Much faster evaluation of "old substances" within the meaning of 
Directive 79/831/EEC. 
- Almost total ban on the production, marketing or use of asbestos 
and materials containing asbestos. 
The Federal Government has adopted a number of measures aimed at 
improving safety and medical care in small and medium-sized 
enterprises, e.g. by developing new care models. In addition, new 
forms of training have been worked out for safety representatives and 
quality standards have been developed for industrial medicine work. 
For the new Lander a large number of model projects are being 
prepared to build up the work safety system there and to train work 
safety experts. 
Industrial medicine was considerably strengthened in the Federal 
Republic when the Federal Industrial Medicine Institute was set up in 
BerI in. 
Safeguarding pensions, stabiIizing the "generation contract 
The underlying objective of the 1992 pensions reform was to bring 
about a lasting improvement in age-group solidarity and strengthen 
the confidence of the population in the long-term security of 
pensions. The keystone of the reform, adopted by a large majority of 
the Lower House, was the introduction of a self-regulating system 
linking contribution-payers, pensioners and the state. Bringing up a 
family will in future count for more under pensions law. 
- 103 -
The main points of this reform are: 
- Pensions insurance will be safeguarded in the long term as a wage-
and contribution-related old age security scheme. 
- Pensions and disposable employee income will develop in 
equilibrium; the existing net pension level of about 70% for a 
pensioner with 45 insured years on an average wage or salary will 
remain stable in the long term. 
- The State will make an appropriate contribution to the extra 
burden on the system imposed by demographic changes. 
- The family-related elements in pensions law will be expanded by 
extending the child care period to 3 years for births from 1992 on 
and by giving more weight to child-rearing and care in calculating 
pensions and benefits. 
At the end of 1990 some 3.45 million mothers born before 1921 were 
receiving a child care allowance of an average DM 73/month. In 
addition, at the end of 1990 some 1.9 million mothers/fathers born 
after 1921 were receiving a pension which was about DM 60 a month 
higher on average because of the recognition of child care years. 
- The pensionable age will become more flexible. If a person 
retires early, his/her pension is reduced, if a person stays on 
after pensionable age, the pension is increased. Higher life 
expectancy can be expected to lead to a longer working life in the 
long run. 
Viability and financing of health insurance scheme assured 
The revision of statutory health insurance in 1989 has since had a 
positive effect. In 1990 the average rate of contribution was 12.6% 
- instead of the 14% or so if the trend had been continued without 
the health reform. The reform restricted payments from the statutory 
health insurance scheme to what was medically essential and also had 
the effect of reducing medical care shortcomings. Where there is 
provision for payment of the excess by the insured party, the less 
well-off are effectively protected by a "social and surcharge 
clause". 
Where persons dependent on very considerable nursing care are cared 
for at home, the statutory health insurance scheme now takes on the 
provision of a home help for four weeks a year when the carer is 
unavailable. Since 1 January 1991 the range of services has been 
extended. Insured parties (persons who, because of their condition, 
are particularly in need of long-term care from third parties) may 
claim for up to 25 home-care visits per month or receive a lump sum 
of DM 400 per month. 
- 104 -
Broad range of social benefits 
Social welfare is fully guaranteed in the Federal Republic. The 
total of all social benefits is included in the social budget. In 
1990 it was DM 703 billion in all, accounting for 29.4% of the gross 
domestic product. Social payments amounted to DM 11 270 per capita, 
with by far the most, 40.4%, going on old age and surviving 
dependants, 33.1% on health, 12.8% on married persons and the family 
and 8.4% on employment. 
FINAL REMARKS 
Both in terms of the material position of the worker and in terms of 
his/her legal position, the recommendations of the Social Charter 
have found full application in Germany. This also applies to the 
following points, not mentioned as such in the report: 
- There is unrestricted freedom of movement of labour. 
- Free choice of occupation is constitutionaIly safeguarded by the 
Basic Law. 
- Free collective bargaining and freedom of association are 
keystones of the German social order and are also constitutionally 
safeguarded. The unions and management lay down wages and working 
conditions - in particular, fair pay - in freely negotiated 
collective agreements. The negotiated wage levels are the legal 
mini mum. 
- Labour promotion law stipulates that Job-finding is a free 
serv ice. 
- The statutory minimum annual leave (which is in practice of no 
significance compared with annual leave arrangements negotiated by 
collective bargaining) is 3 weeks; it is intended to extend this 
to 4 weeks. Every worker has a basic daily rest period. 
- Youth employment protection legislation forbids the employment of 
children and in all other respects meets the requirements of the 
Social Charter. 
- Public social assistance is also part of the overall social 
security system. It plugs the gaps left by other social security 
systems and supports persons who would otherwise have insufficient 
means for subsistence. There is a legal right to social 
assistance. 
GREECE 
- 106 -
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. 
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. 
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). 
107 -
For workers with any contractual employment relationship with the 
public services, local government organizations or public corporate 
bodies the weekly wage corresponds to 37fc 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. 
Workers in business establishments, food, fruit and vegetable, and 
butchers' shops within the area of the former capital administration 
have had a 5-day week since 1.2.1988. 
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 fifty 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. 
- 108 -
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. 
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. 
- 109 -
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. 
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. 
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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-1 aw 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. 
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 
- 111 -
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. 
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 (3 a), 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 
- 112 -
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 
1) The undernoted provisions regulate the access to vocational 
training: 
- Royal Decree 
- Law 709/77 of 6/6/52 on the education of trainee artisans. 
Introduction of incentives for vocational 
training of the workforce and regulation of 
associated matters. 
- Law 1346/83 Amendment of and supplement to the provisions 
of labour legislation and regulation of various 
matters. 
Law 1404/83 Programmes for training units of the 
Organization for Labour Force Employment (OAED) 
(Article 50). 
Law 1545/85 National system to combat unemployment and 
other provisions (Chapter E). 
- Law 1566/85 
- Law 1836/89 Second-1 eve I education 
Promotion of employment and vocational training 
and other measures. 
- 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. 
- 113 -
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. 
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). 
- 114 -
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). 
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. 
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, Article 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 
- 115 -
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. 
°) 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 
ff) any information which the workers' council requests and 
which concerns the matters referred to in Article 12 of 
this law 
- 116 -
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. Direct ive 89/391 
3. Direct ive 89/392 
4. Direct ive 89/654 
5. Direct ive 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. 
- 117 -
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 mental 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 
art icle. 
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. 
- 118 -
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, 
Irrespect ive 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. 
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. 
119 -
DISABLED PERSONS 
The measures which have been taken by the State for the social and 
vocational integration of disabled persons are as follows: 
a) Law 1648/86 on the protection of war disabled, war victims and 
disabled persons requires that Greek undertakings or foreign 
undertakings operating in Greece which have more than 50 
employees to recruit 4% of their workforce from the persons 
referred to in paragraph 1 and a further 3% from those referred 
to in paragraph 3 of Article 1. 
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. 
b) Decision No 30052 of 24.1.91 of the Minister of Labour on the 
preparation of programmes relating to the contribution of the 
Labour Force Employment Organization (OAED) to the costs incurred 
by employers for basic ergonomie adjustment of workplaces to be 
used by disabled persons protected under Article 4 (1) of Law 
1648/86. 
c) Joint Decision No 30993 of 27.3.91 of the Ministers 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. 
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 but 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. 
I RE LAND 
- 121 -
FREEDOM OF MOVEMENT 
Restrictions preventing freedom of movement 
There are no 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. 
New initiatives 
There are no new initiatives required to guarantee the right of 
residence to workers who, in exercising their right to freedom of 
movement, engage in any occupation or profession. 
There are no obstacles to the exercise of the right to freedom of 
movement where the qualifications of EC nationals are regarded as 
comparable. 
There are no new initiatives to reinforce the rights to freedom of 
movement and equal treatment in all types of occupation of profession 
and for social protection purposes. 
Measures to encourage family reunification. recognition of 
ouaI if icat ions 
No specific measures exist to encourage family re-unification on the 
recognition of diplomas etc.. However Ireland is actively involved 
in participating in European actions on these questions. The 
question of frontier workers is not a problem for Ireland. Under 
SEDOC bilateral links are developed with the Member States to which 
Ir ish workers go. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
Measures covering duration and organization of working-time 
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. 
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. 
- 122 -
While hours of work are in practice negotiated by collective 
bargaining, certain minimum statutory provisions are laid down in the 
Conditions of Employment Act, 1936 and the Shops (Conditions of 
Employment) Acts, 1938 and 1942. These Acts are designed to regulate 
working hours in the context of industrial shift work and in shops, 
hotels, etc. 
Under the Conditions of Employment Act. 1936. continuous process 
shift-work and licensed shift-work must conform to the following 
condit ions: 
(a) no shift may exceed nine hours in duration; 
(b) an interval of at least 15 minutes must be allowed between 3 and 
4 hours after the commencement of each shift; 
(c) a worker must not work two consecutive shifts, and 8 hours must 
elapse between each spell of shift-work; 
(d) hours worked per week must not exceed 56 hours for continuous 
process shift work and 48 hours per week in any period of 3 
consecutive weeks in the case of licensed shift-work. 
Shift-work is unlawful unless on continuous process or under licence. 
This restriction does not apply to industrial work done in or about 
the printing or publishing of newspapers. Continuous process work is 
defined as industrial work that normally requires to be carried on 
without intermission or to be carried on for periods of not less than 
15 hours at a time without intermission, eg.: brewing, manufacture of 
glass, sugar, etc. Other shift-work must be licensed by the Minister 
for Labour. 
The 1936 Act also provides that workers on day work in industrial 
undertakings may not continue work after: 
(i) 8 pm or any ordinary working day 
(ii) 1 pm on any short day 
(iii) 9 hours work has been completed on any ordinary day 
(iv) 48 hours work has been completed in any week. 
Overtime is subject to the following limitations: 2 hours per day, 12 
hours per week, 36 hours per 4-week period and 240 hours per annum. 
Permits allowing longer periods of overtime are granted by the 
Minister for Labour. 
A worker employed on day work may not work for more than five hours 
without an interval of at least half an hour. All workers in an 
industrial undertaking must get this interval at the same time, and 
industrial work must not be carried on during such interval. The 
Minister for Labour may grant a permit to an employer exempting him 
from this provision. A worker must get an interval of at least half 
an hour immediately before he/she commences to work overtime which 
will last more than one and a half hours. 
The Shoos (Conditions of Employment) Acts. 1938 and 1942 regulate and 
control the conditions of employment of workers in wholesale and 
retail shops, warehouses, hotels (Dublin City only), licensed 
premises and refreshment houses (restaurants, cafes or tea shops). 
The Act specifies the following maximum hours of work: 11 hours per 
day, 56 hours per week in hotels and 48 in other shops. 
- 123 -
Overtime may be worked within the following limits: 
Hotels: 66 hours in any week or 244 hours in any four 
consecutive weeks or 2 900 hours in any year. 
Other shops: 60 hours in any week or 216 hours in any four 
consecutive weeks or 2 600 hours in any year. 
The Act also makes provision for meal intervals. 
The Minister for Labour has given a commitment in the recent 
Programme for Economic and Social Progress (negotiated between the 
Government and the Social Partners) to review the legislation and to 
identify the options which may be required. 
Regular part-time working has, in recent years, become a permanent 
feature of the Irish labour market (increasing from 42 500 to 70 000 
workers between 1975 and 1989). In response to this situation the 
Minister for Labour, following consultation with the Social Partners, 
introduced the Worker Protection (Regular Part-Time Employees) Act, 
1991. This Act is designed to extend the benefits, of 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 (Employers' 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 
eight hours per week and have thirteen weeks continuous service. 
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. 
Rights governing annual paid leave and weekly rest periods 
The Holidays (Employees) Act, 1973 provides that an employee who 
works at least 1 400 hours (1 300 hours if under 18) in leave year, 
i.e. 1 April to 31 March, is entitled to three 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 three quarters of a week for each calendar month 
during which he worked at least 120 hours (110 hours if under 18). 
- 124 -
As mentioned in the response to Question 7 above, with effect from 6 
April 1991, the Workers Protection (Regular Part-Time Employees) Act, 
1991 extended to regular part-time employees, on a modified basis, 
the benefits of the Holidays (Employees) Act, 1973. Regular part-
time employees are defined as those who are in continuous employment 
of the employer or not less than thirteen weeks and who are normally 
expected to work not less than eight hours per week. Under the 1991 
Act regular part-time employees are entitled to annual leave at the 
rate of six hours per 100 hours worked and proportionately less where 
fewer hours are worked. The 1973 Act provides for entitlement to 
eight public holidays. All regular part-time employees are now 
entitled to public holiday on the same basis as full-time employees. 
The Minister for Labour has undertaken in the Programme for Economic 
and Social Progress to review the legislation relating to holidays. 
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 four 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 Acts, 1938 and 1942 (see Appendix). 
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 any of the following 
part iculars: 
(a) date of commencement of employment, 
(b) the rate or method of calculation of remuneration, 
(c) the length of the intervals between the times at which 
remuneration is paid, whether weekly, monthly or any other 
per iod, 
(d) any term or conditions relating to hours 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 pensions schemes, 
(f) the period of notice which the employee is obliged to give and 
entitled to receive is determined by his or 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. 
- 125 -
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. 
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 earn|ngs-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. 
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 recipient's means) the following flat-rate insurance benefits are 
available: disability benefit, invalidity pension, unemployment 
benefit, maternity benefit, widows' pension, deserted wifes' 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. 
- 126 
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. 
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 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 one's choice. Some categories of workers i.e. 
members of the Defence Forces and of the 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 condition of 
employment. The courts established the principle that the freedom or 
right to associate necessarily implied a correlative right not to 
join any trade union or a particular trade union. This, in effect, 
made the post-entry closed shop illegal in Ireland. 
- 127 -
Procedures for neoociating 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 Industrial 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. 
Regulation 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. 
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 repealed and 
substantially 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. 
128 -
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 headquarter's 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 IRL20,000 to IRL60.000 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 organize and to bargain with the employer while the 
State's 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 Commmission 
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 tripartite board with employer, trade 
union and independent representatives appointed by the Minister for 
Labour. 
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 
ongoing 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' organizations 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. 
- 129 -
B. The Labour Court 
Set up in 1946, the Labour Court is a court of last resort in dispute 
resolution. It is an independent tripartite body with an equal 
number of members nominated by employer and worker organizations 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 recommendation. 
Regulation governing the civil service, the Defense 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 Garde 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 
Organization of vocational training 
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 
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. 
No new initiatives have been taken to offset or ban discrimination on 
grounds of nationality with regard to access to vocational training. 
EC nationals have access to vocational training on the same basis as 
Ir ish nat ionals. 
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 proved training on a fee-paying basis 
for individuals or persons referred by their employers. 
ïi - 130 -
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 overseeing role 
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. 
Initiatives to implement equal treatment 
A number of positive action initiatives have been undertaken to 
promote equal treatment for men and women as follows : 
A. Following the 1984 Government Policy statement on equality of 
opportunity in employment in the public sector, a programme of 
positive action has been set in place in State Sponsored Bodies 
which included the appointment of Equal Opportunities Officers 
and the participation by these officers in networks, and the 
adoption of equal opportunities policy statements by individual 
organizsations. The Minister for Labour set in place a system of 
monitoring progress on achievement of equal opportunities in the 
i Pub Iic Sector. 
The Minister for Labour's Equality Focus Award Scheme, sponsored 
by the Employment Equality Agency and the EC in co-operation with 
the Institute for Personnel Management, was introduced in 1990. 
This scheme is intended to encourage employers to implement 
positive action initiatives and to give recognition to the 
efforts which companies are already taking. Implementation of 
the Resolution on the Protection of the Dignity of Women and Men 
- 131 -
at Work is well in hand. The Federation of Irish Employers and 
the Irish Congress of Trade Unions have issued guidelines on 
sexual harassment. The Employment Equality Agency provide advice 
and assistance in this area. 
C. FAS, the National Training and Employment Authority introduced a 
Positive Action Programme in 1990. This Programme aims to 
promote actively 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 ail levels of the labour market. The 1990 
Programme was successful in achieving its main targets and in 
initiating a sound planning basis for the development of 
effective positive action programmes in FAS in the future. 
D. The Employment Equality Agency through its publications, seminars 
and conferences raises awareness of employment equality issues. 
The Agency has also issued a code of Practice on Equality of 
Opportunity in employment and are preparing a Model Equal 
Opportunities Policy for publication this year. 
E. Most public sector organizations and the civil service provide 
for flexible working hours, job sharing and career breaks. A 
number of public-sector organizations 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. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
Legislation covering information, consultation and participation of 
workers within companies established in two or more member States 
There is no legislation covering information and consultation of 
workers in the private sector including transnational companies. 
However employee involvement is widely developed throughout the 
private sector on a voluntary basis. 
Measures relating to information, consultation and participation of 
workers 
The Worker Participation (State Enterprises) Acts, 1977 to 1991, 
provide for employee involvement in a range of state enterprises. 
The Acts provide for board-level representation in 11 bodies, and for 
sub-board level participation in 35 state bodies. In relation to 
sub-board participation, the Act (1988) is not prescriptive, but 
provides a framework within which each organization can introduce and 
develop arrangements which suit its own needs and existing industrial 
relations practices. It provides that each participative agreement 
should provide for : 
- 132 -
- a regular exchange of views and information between management 
and employees; 
the giving in good time by management, of information about 
decisions which are liable to have a significant effect on 
employees' interests; 
dissemination to all employees of information and views arising 
from the participative arrangements. 
The Worker Protection (Regular Part-Time Employees) Act, 1991, 
extends the legislation to cover regular part-time employees. 
The protection of employment act, 1977 provides that, where an 
employer is planning a collective redundancy, the employees' 
representatives must be supplied with specific information regarding 
the proposed redundancies and must be consulted at least 30 days 
before the first dismissal takes place. This consultation must 
include discussion of the basis on which employees are selected for 
redundancy. 
The European Communities (Safeguarding of Employees' Rights on 
Transfer of Undertakings) Regulations, 1980 are aimed at safeguarding 
the rights of employees in the event of the transfer of ownership of 
undertakings or businesses which entails a change of employer. These 
regulations provide that the transferor and the transferee must 
inform the representatives of their respective employees of the 
reasons for the transfer and of the legal, economic and social 
implications for the employees. In addition, details of any measures 
envisaged which may affect the employees must be discussed with 
representatives of the employees with a view to obtaining their 
agreement to these measures. 
HEALTH PROTECTION AND SAFETY AT THE WORK PLACE 
Impact of Community Directives 
The Safety, Health and Welfare at Work Act, 1989, incorporates most 
of the provisions of the "Framework" EC Council Directives 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. Prior to the introduction of the 1989 Act only 
certain sectors or 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. However, these Acts and Regulations are being reviewed 
in the context of those Directives to establish what changes will be 
necessary particularly as regards sectors and activities which came 
within the safety system for the first time under the 1989 Act. 
133 
Worker participation in decision making 
The employer under Section 13(1) of the 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 is 
reasonably practicable, take account of any representations made by 
his employees. 
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 suggestions for appropriate 
safety measures. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
Legislation governing the employment of young people 
Under the terms of the Protection of Young Persons (Employment) 
Act, 1977 the employment of children under 15 is generally 
prohibited. However, a child over 14 may be permitted to do light 
non-industrial work during school holidays provided that it is not 
harmful to health or normal development and does not interfere with 
his or her schooling. The working hours of children during school 
holidays, must not exceed 7 hours in any day, and 35 hours in any 
week. During school summer holidays, a child must not do any work 
for one full period of 14 days. 
The limitations on hours of work of young persons aged 15 are: 
Normal Maximum 
working hours hours of work 
n any day 8 8 
n any week 37& 40 
- 134 -
The limitations on hours of work of young persons aged 16 to 18 are 
as fol lows: 
Normal Maximum 
working hours hours of work 
In any day 8 9 
In any week 40 45 
In any 4 weeks 172 
In any year 2000 
The employment of children under school leaving age (at present 15 
years) is prohibited for a period of 14 consecutive hours at night 
including the interval between 8 p.m. and 8 a.m. 
Young persons aged 15 but under 18 years must not be employed for a 
period of 12 consecutive hours at night, including the interval 
between 10 p.m. and 6 a.m., except for industrial workers who must 
not be employed between 8 p.m. and 8 a.m. 
Employees who work on more than 5 days a week and whose work on a 
Sunday exceeds 3 hours, must be given at least 24 consecutive hours 
rest in every 7 days. 
A spell of work shall not continue for more than 5 hours in the case 
of a young person (a person under 18) and for more than 4 hours in 
the case of a child (a person under 15) without a rest interval of at 
least 30 minutes except that certain sections of the Conditions of 
Employment Act, 1936 shall continue to apply to industrial shift 
work. 
All employees under 18 must be allowed 30 minutes break before 
beginning overtime which will last more than 1HE hours. 
Under the Act, overtime must be paid at not less than the normal rate 
of pay increased by 25%. Overtime in this context means hours in 
excess of normal hours, as outlined above. Other than this 
provision, the remuneration of young people is generally a matter for 
negot iat ion. 
Employment Regulation Orders (EROS) are made by Joint Labour 
Committees under the Industrial Relations Acts, 1946 and 1976. These 
EROS fix minimum rates of pay and regulate conditions of employment 
in specific industries. The EROS relevant to certain industries 
(agriculture, aerated waters, brush & broom, hotels and provender 
milling) set rates of pay applicable to workers on an age basis. 
- 135 -
THE ELDERLY 
Provisions for retired workers 
Retired workers may qualify for a medical card if their income is 
insufficient to provide for their medical needs and those of their 
dependants. A medical card entitles the holder, and his or her 
dependants, to comprehensive health services without charge. 70% of 
those aged 65 and over have medical cards. The proportion rises to 
80% for those aged 80 and over. At a minimum all citizens including 
retired workers are entitled to free hospital and specialist 
treatment and to a subsidy for drugs prescribed by general 
practitioners. Retired workers who are not entitled to an 
occupational or contributory pension are entitled to a non-
contributory old age pension. Non-contributory old age pensioners 
qualify for medical cards, entitling them to a comprehensive health 
services without charge. 
DISABLED PERSONS 
Measures to encourage social and occupational integration of the 
disabled 
There is a network of centres throughout the country which provides 
Vocational Training for persons with a physical or mental handicap. 
There were approximately 3 400 full-time equivalent places in 
Vocational Training centres funded in 1990. It is anticipated that 
approximately 3 700 such places will be funded in 1991. 
There is a range of Income Maintenance Allowances provided by the 
state to assist persons with disabilities. The main allowance paid 
is the Disabled Persons Maintenance Allowance. There were a total of 
25 901 recipients of this allowance in 1989. 
In addition to the foregoing day, residential and other support 
services, other services are being developed on a localized basis to 
ensure that people with disabilities enjoy life that is as normal as 
possible with their community for as long as possible. 
ITALY 
- 137 -
FREEDOM OF MOVEMENT 
1. Freedom of movement is covered by Regulation 1612/1968 and 
Directive 360/1968 on the abolition of restrictions on movement 
and residence within the Community for workers and their 
families from Member States. 
The principle of freedom of movement entails inter alia there 
being no discrimination against the Community worker in 
relation to the national worker as regards access to Jobs, 
remuneration and general living and working conditions. 
Italy applies this principle and, in particular, respects the 
so-called Community priority according to which vacancies may 
be laid open to non-Community citizens only if such vacancies 
cannot be filled by Italian or Community citizens. 
2. Both the Regulation and the Directive referred to above are now 
over 20 years years old and need overhauling, particularly with 
the Single Market and the achievement of a "frontier-free 
European area" nearing completion. 
3. This overhaul was commenced some time ago at Community level 
with meetings of the Advisory Committee on the Free Movement of 
Workers and the Technical Committee, but has been held up 
because certain Member States are reticent for various reasons. 
Italy's position was, including under the recent Italian 
presidency, and still is, to emphasise the need to pursue this 
overhaul which will also deal appropriately with problems 
related to family reunification (currently dealt with in 
restrictive terms in Article 10 of the Regulation), the 
recognition of qualifications and diplomas, and, more generally 
speaking, the improvement of living and working conditions for 
frontier workers. This latter point is the subject of a 
Commission paper now before the Directors-General for 
Employment and the Technical Committee. 
As regards measures to facilitate family reunification the 
conditions set out in Regulation 1612/1968 and the subsequent 
Law No 127 of 4 April 1977 are applied. 
EMPLOYMENT AND REMUNERATION 
4. There are no restrictions on the freedom of choice and the 
freedom to engage in an occupation; there are many 
prerequisites for the practise of certain specific professions 
(the holding of certificates or vocational qualifications, 
entry in an appropriate register or order, passing 
qualification exams before being able to practise a profession, 
etc. 
5.1. Art. 2099 of the Civil Code stipulates that remuneration must 
be determined by collective bargaining, by agreement between 
the parties involved, or else by the competent court. In 
actual fact, Art. 36 of the Constitution states that a worker 
is entitled to remuneration commensurate with the quantity and 
- 138 -
quality of his work and that in any event such remuneration 
must be sufficient to cover his personal and family needs; this 
provision is accepted as preceptive legislation and is directly 
applicable. Any worker considering that his or her 
remuneration is not in line with the parameters set out by this 
article has the right to refer the matter to the competent 
court for the calculation of the fair remuneration to which 
he/she is entitled on the basis of the joint provisions of Art. 
36 of the Constitution and Art. 2099 (2) of the Civil Code. 
5.2. The remuneration of workers recruited on the basis of a fixed-
term contract and that of workers employed on a part-time 
basis, are calculated according to the same legal provisions 
mentioned above. For these two categories of worker 
remuneration is obviously in proportion to the quantity of work 
carr ied out. 
5.3. There are legal limits to the amounts which can be withheld 
from sums due by private parties as wages, salaries or other 
payments connected with contracts of labour or employment, 
including sums relating to dismissal. 
These limits are set out for the private sector in Art. 545 of 
the Code of Civil Procedure (in the text amended by the decree 
or the provisional head of state No 1548 of 10 December 1947). 
Maintenance payments may be withheld to the extent determined 
by court decision-, for payments owed to the state, provincial 
and municipal authorities and for all other payments this is in 
the amount of one fifth; the total amount which can be withheld 
for a combination of reasons may not exceed one ha I f of the 
total payable for service. 
On the subject of withholding and seizure of wages, salaries 
and pensions of general government and other employees, the 
Consolidated Text approved by Presidential Decree No 180 of 5 
January 1950 applies. 
6. Placement is considered a free public service and is 
implemented in accordance with the provisions set out in Law No 
264 of 29 April 1989 and consequent amendments and additions. 
In order to be entered in the registers of persons for 
placement job seekers must have the required legal age for 
employment and must be holders of an employment card or working 
papers, or a certificate in lieu of such documents, as 
established by Law No 112 of 10 January 1935. 
Mediation is prohibited. 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
7.1. Royal Decree Law No 698 of 15.3.1923, introduced as Law No 473 
of 17.4.1925, setting out the limits of the working hours for 
workers and employees in industry and business activities of 
any kind, and the relevant enabling regulation (Royal Decree No 
1955 of 10.9.1923). 
139 -
Royal Decree No 1956 of 10.9.1923 approving the regulation on 
the limits of working hours for workers in agriculture. 
Royal Decree No 1957 of 10.9.1923 approving the schedules of 
industries and activities for which the stipulated 8-hour day 
and 48 hour week may be exceeded. 
Royal Decree No 2657 of 6.12.1923 approving the schedule 
setting out the occupations requiring intermittent work or 
simply attendance. 
7.2. Law No 230 of 18.4.1962 and subsequent amendments and additions 
setting out the limits to the use which can be made of fixed-
term contracts by enterprises. 
Art. 5 of Law No 863 of 19.12.1984 establishing and regulating 
employment training contracts. 
Art. 3 of Law No 863 of 19.12.1984 governing part-time 
employment contracts. 
Art. 2 of the same law establishing solidarity contracts. 
7.3. Inter-union agreement of 20.12.1950 for the industrial sector, 
converted into law by Presidential Decree No 1019 of 14.7.1960 
and setting out the inter-trade union procedures for collective 
redundancies by enterprises. 
Royal Decree No 267 of 16.3.1942 governing bankruptcy 
proceedings. 
Art. 2199 of the Civil Code, final paragraph, which stipulates 
that "bankruptcy of the entrepreneur does not constitute fair 
grounds for ending a contract". 
Law No 223 of 23 July 1991 sets out inter alia new and precise 
provisions governing mobility and collective redundancies. 
8. Art. 36(3) of the constitution stipulates that the worker is 
entitled to a weekly period of rest and paid annual leave and 
that this entitlement may not be renounced. 
Art. 2109 of the Civil Code stipulates that an employee is 
entitled to one day of rest per week, usually Sunday. The same 
article (paragraph 2) stipulates that workers are entitled to a 
period of annual leave, if possible continuous, and the 
duration of this period must be set out by law, by the 
collective labour contract or, failing that, by custom or in 
accordance with the rules of fair practice. The duration of 
paid annual leave is generally set out in the specific clauses 
incorporated in the national collective labour agreements (by 
sector). Such agreements stipulate on average a period of paid 
annual leave varying from 4 weeks to 30 days in addition to the 
6 days allowed for national holidays falling mid-week and no 
longer observed. In greater detail, Law No 370 of 22.2.1934 
sets out public law provisions - non-compliance by enterprises 
being punishable - on Sunday and weekly resting (day and length 
of rest and specific rules concerning activities involving 
continuous production cycles or public utilities). 
- 140 -
There are no restrictions of any kind on the enjoyment of this 
entitlement to rest which may not be renounced. The 
Constitutional Court, by decision No 66 of 7.5.1933 declared 
that part of Art. 2109 of the Civil Code which states that this 
right is recognised, "after one year of uninterrupted service" 
to be constitutionally illegal. 
9. Art. 2222 et seq. of the Civil Code set out the conditions of 
employment, i.e. the obligation of a person "to perform, in 
return for payment, a task or a service consisting essentially 
of his own work and without constraints of subordination in 
relation to the employer". The performance of the work must be 
in accordance with the conditions set out in the relevant 
contracts. 
No "written document" is explicitly required by the Civil Code. 
Articles 2329 and 2330 set out the rules respectively for "the 
practise of intellectual professions" and the "provision of 
intellectual services". 
The Law (in accordance with Art. 2062 of the Civil Code) lists 
the intellectual professions (pursued as an economic activity) 
for the practise of which the persons concerned must be entered 
in the appropriate "professional registers" or "professional 
orders" or "Iists". 
Ascertainment of fulfillment of the requirements in these lists 
or registers, and supervision of those entered therein, are 
devolved to the "professional associations" under the aegis of 
central government. 
Appeal against rejection of application for entry into or being 
struck off from such registers and lists and against any 
disciplinary measures which entail the loss or suspension of 
the right of practise of a profession is legally governed as 
set out in the relevant laws. 
Provision of intellectual services is governed by a contract 
which is itself regulated by the subsequent articles of the 
Civil Code, i.e. Articles 2223, 2232 and 2233, which provide 
for remuneration and performance of the service and all other 
related conditions; in particular, it stipulates that no 
remuneration shall be due if the person providing the 
intellectual services is not duly entered in one of the 
specific lists or registers. 
In this case, too, no written document is explicitly required. 
SOCIAL PROTECTION 
10. All workers performing a remunerated task on his own account or 
for third parties must be insured irrespective of nationality, 
sex, sector of activity and category. 
- 141 
This obligation ensures that they can obtain a sufficient level 
of social security benefits. 
The criteria for organising the social security system is 
predominantly contribution-based. The contributions are paid 
by the employer (19%) and the employee (7%) on the basis of 
pensionable remuneration, but where this system cannot 
guarantee a sufficient level of benefits the state intervenes 
to make up the shortfall to subsistence level. 
Health benefits are available to all resident citizens 
(Servizio Sanitario Nazionale - Italian national health 
service). 
For those excluded from the labour market Italian law provides 
in respect of employees unemployment benefit for a period of 6 
months equivalent to 20% of the average remuneration provided 
that contributions were paid in the three months prior to 
commencement of the period of unemployment. 
Payments in cash and in kind are also provided for persons who 
have no means of subsistence. These payments, being of a 
welfare nature, are the responsibility of the regional 
author i t ies. 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING 
11. Employers and workers alike are at complete liberty to set up 
professional associations or trade unions, in accordance with 
Art. 39 of the Constitution. 
In keeping with this precept, which implements so-called trade 
union pluralism, Art. 14 of Law no 300/1970 (Statute of 
Workers' Rights) gives workers the right to set up trade union 
organizations, to join such organizations and to pursue trade 
union activity within the enterprise. 
The individual employer or employee, pursuant to Art. 39 of the 
Constitution, has the right to Join or not to join professional 
organizations or trade unions. In such cases, Art. 15 of Law 
No 300/1970 nullifies any action taken to discriminate against 
a worker joining or refusing to join such organizations or 
opting out of such organizations. 
12.1. There is no set procedure for negotiating and concluding 
collective agreements other than the principle of trade union 
freedom (Art. 39) and the right to strike (Art. 40). 
There is a system of industrial relations based on negotiating 
practice which is now established as regards collective 
bargaining at inter-union level for each sector, locally or 
within the enterprise or group. 
A legal basis for bargaining within the enterprise, but only as 
regards certain topics (audio-visual equipment, remote 
surveillance of workers, safety at work, etc.) is provided by 
Art. 3 and 4 et seq. of the "Statute of Workers' Rights". 
- 142 -
In addition, all public employment sectors (Law No 93/1983) are 
covered by mandatory provisions governing this type of work 
relationship, setting out precisely the parties covered by 
contract. and the procedures and timescale for negotiations. 
12.2. There are no obstacles to negotiations by employers' or 
employees' organizations, in accordance with the principle of 
trade union freedom provided for by Art. 39 of the 
Constitution, as mentioned above. 
13.1. Art. 40 providing for the right of workers to strike is 
accepted in constitutional case law and by the Court of Appeal 
as preceptive legislation even if no enabling provisions exist 
as yet. Case law is predominantly aimed at excluding from the 
legal scope of Art. 40 of the Constitution any anomalous forms 
of agitation and dispute which lead to abnormal and unfair 
action resulting in wilful damage to enterprises (in 
particular, in the context of continuous cycle activities in 
which trade union practice provides for requisitioning). 
Essential public services are covered by Law No 146/1990 
setting out the procedures for announcing and implementing a 
strike, particular as regards the definition in trade union 
agreements of minimum service thresholds in order to make this 
right compatible with other rights which are guaranteed for the 
citizens by the Constitution (life, safety, etc.). 
A Committee of Guarantee was therefore set up (Art. 12) to 
assess the appropriateness of steps taken to ensure that the 
exercise of the right to strike can be reconciled with the 
enjoyment by citizens of their Constitutionally-guaranteed 
r ights. 
13.2. Trade union and contractual practice provides for clauses of 
conciI Iiation, mediation and arbitration for the settlement of 
industrial disputes and strikes. As well as being part of the 
general duties of central government authorities, mediation and 
conciliation is devolved by Law No 628/1961 to the Ministry of 
Labour for matters of "specific national relevance" and to the 
regional and provincial labour offices for disputes which fall 
within their respective areas of jurisdiction. 
14. Following the entry into force of Law No 146/1990, the right to 
strike is currently the subject of conditions in public sectors 
defined as providing essential services (as set out in the Law 
itself, already described in 13.2 above). 
As regards the police, demilitarized by Law no 121/1981, and 
the armed defence forces, the respective statutes applicable 
provide for the setting up of trade union representative 
organizations, the possibility of joining national trade union 
organizations being given only to the police. This category 
does not have the right to strike (Art. 84 of the above-
mentioned law). 
- 143 -
VOCATIONAL TRAINING 
15.1. Framework Law No 845/1978 devolves responsibility for 
vocational training to the regional authorities, for which 
legislation is determined by specific local situations 
resulting from the different degree of development and the 
varying territorial pattern of requirements in terms of 
production and employment. 
In terms of national legislation (Law No 863/1984, Law No 
113/1986) new training arrangements extending access to 
vocational training have been introduced, mainly in order to 
enhance employment prospects. 
The most significant of these provisions is the employment 
training contract (Law No 863/1984). 
In order to cater for the perceived need to boost participation 
in innovatory processes resulting from new technology, Law No 
492/1988 provides for the funding of innovation programmes 
within the training systems organized by the regional 
author it ies. 
15.2. As regards access to vocational training, Art. 2 of the 1978 
framework Law excludes any form of discrimination based on 
nationality by making training open also to "... foreign 
citizens, resident in the country for reasons of employment or 
training". 
These provisions were subsequently reiterated and reaffirmed by 
Law No 943. of 30 December 1986 and subsequent amendments and 
additions and in the more recent Law No 39 of 28 February 1990. 
Various regional legal provisions provide for specific 
programming of action to facilitate the integration within the 
employment market of citizens from non-Community countries. 
The new steps taken to boost access to vocational training 
includes notably one bill of law proposed by the government and 
currently before the Chamber of Deputies, concerning the 
provision for non-Community immigrants of development 
programmes and annual vocational training plans to support 
action taken to encourage non-Community citizens to learn the 
vocational skills needed to enter the labour market. 
In addition, in the context of Community action to exploit 
human resources efficiently there are specific steps targetted 
at non-Community immigrants in regions where development is 
lagging behind. These are training programmes co-financed by 
the Ministry of Labour, the regional authorities and by the EEC 
(Horizon programme). 
Lastly, in order to enhance the effectiveness of such action, 
the regional authorities foster and plan refresher training for 
local authority officials who deal with immigration problems. 
- 144 -
15.3. Continuing or in-service training takes place mainly at 
enterprise level at the instigation of the two sides of 
industry who, usually in the context of collective agreements, 
provide for training action and ventures to enable workers 
employed in enterprises being restructured to cope with the 
threat of unemployment by acquiring vocational skills and 
thereby a greater degree of mobility. 
The continuing or in-service training system is not therefore 
structured in any systematic way. Nevertheless, regional 
public authorities support and foster such action by focusing 
their attention on the most salient local requirements in 
production sectors undergoing reconversion and restructuring. 
in particular, of the legal provisions which could determine 
the implementation of a continuing training system, the most 
significant is Law No 492/1988 designed to finance innovatory 
projects proposed by the regional authorities. 
Public authorities can thus steer and encourage the setting up 
of a continuing training system, which is now theoretically 
recognized as being indisponsible to constantly-changing 
production situations, but which has not yet been 
institutionalized and can rely only on the experiments carried 
out by the two sides of industry on the basis of collective 
agreements, sectoral agreements, etc. 
EQUAL TREATMENT FOR MEN AND WOMEN 
16.1. This is firmly rooted in the Italian Constitution (Articles 3, 
4, 35, 36, 37 paragraph 1) and is implemented through Law No 
903 of 9 December 1977, which lays down laws on equal treatment 
for women at work. As a result of these more recent legal 
provisions there has been a substantial drop in the number of 
measures to safeguard the employment situation of women and set 
out in previous legislation, for these rules were over-rigid 
and discouraged employment applications from women. The 
present provisions provide for a system of sanctions and Art. 
15 stipulates an ad hoc court procedure for breaches of the 
rule of non-discrimination concerning access to jobs and of the 
prohibition of night working. 
These substantial statutory guarantees have been further 
consolidated by the recent Law No 125 of 10 April 1991 part of 
which spells out in greater detail the definitional criteria 
for discrimination and introduces a new court procedure 
covering legal disputes arising from questions of sex-based 
discr iminat ion. 
16.2. a) There are also legal provisions which provide for 
priorities in the allocation of certain advantages, 
particularly the recent Law No 125, mentioned above. 
b) Institutionally, monitoring and fostering of equality in 
practice is entrusted to specific equal opportunities 
bodies operat ing nat ionally, regional I y and provincial I y. 
145 -
Examples are the National Commission on Equality at the 
Presidency of the Council of Ministers, the National 
Committee on Equality at the Ministry of Labour, and the 
regional and provincial committees for equal opportunities 
set up in eleven regions. 
c) At the regional level, collective bargaining has since 
1986 broached the subject of equal opportunities for women 
at work, giving rise to increasingly specific commitments 
by the two sides of industry with a view to setting up 
joint committees to analyze female employment flows as the 
basis for plans to achieve equality and restore the 
balance in the male/female employment ratio, in line with 
the EEC recommendation on positive action and in 
anticipation of Italian legislation on such positive 
act ion. 
16.3. Law No 903/1977 gives the working father some of the rights 
concerning leave of absence granted to the working mother as 
defined in Law No 1204 of 1971. The father can therefore, by 
way of alternative to the mother and subject to the latter's 
formal renouncement of her own entitlement, take leave of 
absence from work for a period of six months during the baby's 
first year and for cases of sickness while the baby is under 
three years of age. 
Decision No 1/1987 of the Constitutional Court extended to the 
father the right to the compulsory post-natal absence (in 
accordance with Art. 4 of Law No 1204/1971) and the daily two-
hour allowance (Art. 10 of the same law) when the baby cannot 
be cared for by his own mother on account of death or serious 
iIIness. 
Working women who have adopted children or taken children into 
their care are also entitled to the post-natal compulsory 
period of absence, provided the child is under six when he 
enters the family and, by way of alternative to the father, to 
the optional six-month period of absence, as well as other 
periods of absence allowed for sickness of the child while the 
latter is still under three years of age. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
17. Information, consultation and participation of workers are 
covered, albeit not comprehensively, on the basis of production 
sector and category of workers affected, by certain provisions, 
particularly by collective bargaining and only in firms 
situated on the national territory. 
The draft directives on the information, consultation and 
participation of workers and on the "Statute for a European 
company" are currently being discussed and/or referred to the 
Council's social affairs group, as the Commission already 
knows. 
- 146 -
18.1. The legal bases for dealing with the subject of information and 
consultation are to be found in the context of collective 
bargaining. 
The salient feature of this new facet of collective bargaining 
is the agreement protocol of 18 December 1984 between the IRI 
(as regards state-financed companies within this group) and the 
trade union confederations of CGIL, CISL and UIL, which after 
the preordained check after the first six-month trial period, 
was replaced by the agreement protocol between the same parties 
of 16 June 1986 drafting the new text on industrial relations 
for enterprises of that group. 
Similar agreements followed, once again in the state-financed 
sector, fulfilling a pilot role in this field of industrial 
relations, such as the agreement protocols between the EFIM and 
CGIL-CISL-UIL of 29 September 1987 and between the GEPI and 
CGIL-CISL-UIL of January 1987. 
Art. 47 of the Community provision of 12/01/91, with immediate 
effect, provides for information and consultation procedures 
covering workers in all productive sectors - but only in the 
event of transfer of enterprises. 
As regards more specifically the "participation" of workers, 
Law No 300/1970 setting out the "Statute of Workers' Rights" 
and providing for trade union representation within the 
enterprise (Articles 19, 20 and 21) enabled workers to 
contribute to the definition of the conditions of work within 
the enterprise by making specific provision for negotiation on 
certain subjects, particularly the rules in Articles 3 and 4 
(audiovisual equipment) and Art. 9 of Law No 300 enabling 
workers to monitor the implementation of the rules on health 
and safety at work. 
Collective bargaining has also extended to other subjects 
(overtime, holiday working, etc.) the principle of negotiation 
to limit the enterprise's "power". 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 provides for the setting up at enterprise level of "joint 
technical committees" to improve the working environment. This 
directive must be implemented by the end of 1992. 
18.2. Many collective agreements (in the familiar first part which 
sets out the conditions of employment) currently provide for 
joint bodies and consultation procedures (joint committees, 
etc.) and information. Information consultation with the 
enterprise cover: investment, sectoral crises, changes 
following the introduction of new technology, large-scale 
restructuring and any other aspects of industrial management 
which give rise to problems in maintaining the level of 
employment and the resulting concerns as regards the guarantee 
of the income of the workers affected. 
These procedures (covered by Laws No 1115/68. 164/75 and 
675/77) are the forms of compulsory consultât Ion laid down 
exclusively to trigger recourse to the CIG (Cassa Integrazlone 
Guadagnl - temporary redundancy fund). 
- 147 -
18.3. Law No 223 of 23 July 1991 makes tangible and detailed 
provision for a procedure of information and consultation of 
the two sides of industry on collective redundancies (see 
Article 24, and Articles 4 and 5), thus comprehensively 
fulfilling the obligations set by Council Directive 75/129/EEC 
(on collective redundancies). 
HEALTH PROTECTION AND SAFETY AT THE WORK PLACE 
19.1. It is felt that no reply can be given on the first question as 
the legal systems cannot be compared. However, as regards the 
individual directives in force, none of these offers a more 
favourable set of provisions than those currently provided for 
in Itai ian legislat ion. 
19.2. The second question is covered by Law No 300/1970 which allows 
workers the possibility of a say in the implementation of the 
safety measures carried out at the place of work and in the 
context of collective bargaining. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
20. The legal age for employment is 15 (in accordance with Art. 3 
of Law No 977 of 17/10/1967). 
In the non-industr ial sector children aged 14 and over can be 
employed to perform light tasks as defined in Art. 4 of the 
Presidential Decree quoted above. 
Under the terms of the Law of 19 April 1968 young people aged 
14 and over may be taken on as apprentices "provided they have 
fulfilled their period of compulsory schooling in accordance 
with Art. 8 of Law No 1859 of 31 December 1962". 
21. There are no specific provisions on the remuneration of young 
people. The legal rules are those already quoted on the subject 
of remuneration in general. 
Apprenticeships and employment training contracts (Art. 3 of 
Law No 836/1984) are covered generally by the clauses written 
into collective agreements and concerning the so-called 
"start ing salary". 
22. The working hours for young people (i.e. those aged 15 and 
over) and adolescents (15 - 18 years) must not exceed 7 hours 
daily (and 35 weekly) and 8 hours daily (and 40 weekly) 
respect ively. 
Young people and adolescents are not allowed to undertake night 
work (Art. 15 of Law No 977/1967). 
"Night" is defined in Art. 16 of the abovementioned Law. 
148 -
Vocational training is covered by the framework Law No 
845/1978. 
The provisions governing the vocational training of young 
people are set out in Art. 25 of Law No 967/1967, in Law No 
25/1955 (Art. 16/17 and 18) on apprenticeship, and Art. 3 of 
Law No 864/1964 on employment training contracts. 
23. This topic is covered by the specific provisions mentioned 
above and also by the framework law on vocational training 
which devolves to the regional authorities responsibility for 
training, defines the training subject area, the fields of 
intervention, the training of training instructors, and also by 
Art. 10 (links with the school educational system) which 
entails that for the purposes of methodological and didactic 
innovation, research, and even more so for the purposes of the 
requirements of the future occupational life of young people, 
the regional authorities must introduce measures to facilitate 
cooperation between vocational training schemes and secondary 
and higher educational establishments (regionally-run 
vocational training courses and vocational technical schools). 
THE ELDERLY 
24. A worker leaving the employment market because he has reached 
retirement age can receive, provided the relevant contributions 
have always been paid in full, over 80% of his average salary 
during the last five years of work. 
If the contributory pension scheme is insufficient to permit a 
decent standard of living the benefit is supplemented by a 
minimum payment which is adjusted to the actual cost of living 
every six months; this year this comes to Lit. 506 050 monthly 
over 13 months. 
25. For persons who have reached pensionable age but are not 
entitled to such a pension, a subsistence benefit is provided 
for - the "social pension" - which is paid out, even if no 
contributions have been paid, to those who at 65 have an income 
of under Lit. 5 307 350 for the year 1990. 
Last but not least, social assistance and various facilities 
are provided by the regional authorities (e.g. the schemes for 
the elderly within the regional social welfare programmes), 
including assistance to elderly persons who are not self-
sufficient, by the municipal authorities and by the USL (area 
health authorities) as part of free health and welfare services 
to a I I who need them. 
DISABLED PERSONS 
26. For all categories of disabled persons framework Law No 
845/1978 on vocational training provides for specific 
"integrated training" for these categories of citizens and 
workers. 
149 -
The regional authorities responsible for implementing this 
training organize courses designed to achieve full 
rehabilitation of disabled persons so that they can be fully 
integrated on the employment market. 
Law No 486/1968 provides for the "compulsory placement" of 
disabled persons, which means that all public and private 
enterprises and all general government agencies must take on a 
quota of disabled persons. This law is currently being 
improved in order to bring it in line with the present 
situation of this category of citizens, i.e. in order to fully 
integrate them in the world of work and society in general like 
all other citizens and workers. 
IMPLEMENTATION OF THE CHARTER 
27. The Community Charter of Fundamental Social Rights for Workers 
is still awaiting a more tangible and comprehensive 
implementation, particularly through the plan for 
implementation submitted by the Commission of the European 
Commun i t i es. 
Nearly all the 49 draft directives which go to make up the 
implementation package for the Community charter are still 
being discussed and/or drafted by the Commission itself. These 
drafts concern employment and social infrastructures which are 
relevant to the subject areas mentioned above and which are not 
yet fully harmonized in the twelve Member States. 
Furthermore, the Member States, Italy among them, still have to 
transpose by the end of 1992 directives already adopted, and 
also to deploy resources and resolve to achieve a realistic 
consensus on the draft directives currently being discussed, as 
the objective of the Single Market cannot be attained unless it 
is accompanied by a solid and credible "social dimension". 
LUXEMBOURG 
151 -
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. 
Quest ion 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. 
In all other cases, the Ministry of Education examines individual 
applications and issues certificates of equivalence where 
appropr iate. 
- 152 -
This process is quick and unbureaucratic. Where appropriate, 
foreign embassies and/or professional bodies are asked for their 
opinion. 
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 
bod ies; 
- 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 organizations). 
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 
educat ion; 
- 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. 
- 153 -
1. Definition of "rémunérât ion" 
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 laws 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%. 
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. 
- 154 -
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. 
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 nationalitv. 
- 155 -
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. 
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. 
- 156 -
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. Nlaht 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. 
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 
industr ies) 
- for the execution of a clearly-defined occasional and 
specific task 
- for urgent work 
- contracts linked to employment policy schemes 
- 157 -
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-limitation 
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. 
1.3. Duration of fixed-term contracts 
1.3.1 Contract per iod 
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. 
- 158 
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. 
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. 
- 159 -
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. 
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 linked 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. 
- 160 -
1.6. Tr ial per iod. 
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. 
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 trial per iod 
- may not be less than two weeks; 
- 161 -
- 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-1 inked) -, 
- if of one month or less must be expressed in full weeks, 
with trial periods in excess of one month being expressed 
in fulI months. 
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 ice 
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) Col led ive 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. 
- 162 -
Quest ion 8 
1. Ordinary leave 
Employees have a right to leave after 3 months' uninterrupted 
work with the same employer. 
- 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 
représentât ives). 
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 
fulI 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. 
- 163 -
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. 
- 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 
bui Idings. 
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 
derogat ions. 
- 164 -
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 
surg i caI appIi ances; 
. 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; 
. domest ic 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 
- 165 
- 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. 
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. 
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". 
- 166 -
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 is 
deemed to be null and void. 
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. 
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. 
- 167 -
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 ail means of 
conciliation as evidenced by a protocol of non-conciliation is 
deemed to be il legal. 
2. Conciliation 
All collective disputes must be the subject of 
national conciliation board, which is called 
either : a session of the 
by the Chairman 
- 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 
conciliation bringing out the 
states that the conciliation 
conciliation board is mandatory. draws up a report of non-
contentious issues. The law 
procedure at the national 
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 
cone i Iiat ion board; 
. 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. 
- 168 -
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) ConclI(ation 
* 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 commission. 
* 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: 
- 169 -
- 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 within 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 
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 strike 
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. 
- 170 
* 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. 
* 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 fulI 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. 
- 171 -
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. 
In forming his opinion on children who fall into the above 
category, the advisor takes into account: 
the pupi I'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 
serv ice. 
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. 
- 172 -
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. 
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; 
- 173 -
- 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 family. 
Discussions are currently in progress with a view to extending the 
education allowance to persons exercising a part-time professional 
act ivity. 
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. 
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 i ty 
- 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. 
- 174 -
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. 
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. 
- 175 -
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. 
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. 
- 176 -
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 
r ights. 
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. 
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. 
- 177 -
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. 
PROTECTION OF CHILDREN AND ADOLESCENTS 
Quest ion 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% 
- 178 -
Quest ion 22 
1 . Durât Ion 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. Derogat ions 
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 like. 
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 validi ty 
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 
tra ining; 
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; 
- 179 -
- to give the apprentice whatever time is needed to pursue 
formal or post-school vocational training courses prescribed 
by the employer's professional representation; 
- 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, 
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: 
- where there has been a serious violation of the contract 
condi t ions, 
- in the event of a penalty involving the loss of civil 
rights, 
- 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 
proper I y ; 
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. 
- 180 -
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. 
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 
commi ttee; 
b) two representatives of the employer's professional 
représentât ion 
c) two representatives of the professional representation for 
the apprent ice; 
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 days 
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. 
- 181 
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. 
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. 
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. Persons placed in an 
institution are guaranteed a minimum level of resources. 
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 
Question 26 
The Law of 28 April 1959 created the Office for the placement and 
vocational retraining of disabled workers. 
1. Definition of disabled worker 
For the purposes of the legislation on the placement and 
vocational retraining of disabled workers, the law defines 
"disabled worker" as follows: 
- persons who have suffered an accident at work 
- war cripples 
- persons with a physical impairment. 
2. Recognition of status as disabled worker 
A person's status as a "disabled worker" is assessed and 
recognised by the Office for the placement and vocational 
retraining of disabled workers. 
- 182 -
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 Office for the placement and 
vocational retraining of disabled workers, which then takes a 
decision after hearing the advice of a committee. 
3. Compulsory employment of disabled workers 
3.1 Establishments concerned 
The following establishments or organizations are required to 
give priority to disabled job seekers: 
3.1.1 Pub I ic sector 
- Central government 
- Local government 
- The national railways company 
Public establishments 
3.1.2 Pr ivate sector 
Firms normally employing 25 or more workers. 
3.2 Percentage of disabled workers 
The law lays down the criteria for reserving jobs for disabled 
workers as fol lows: 
Public-sector undertakings must reserve at least 2% of their 
total jobs for disabled workers. 
Private-sector firms normally employing at least 50 workers 
must reserve at least 2% of their total jobs for disabled 
workers. 
Firms employing at least 25 workers must reserve one priority 
job for a disabled worker. 
3.3 Conditions of employment 
Disabled workers are paid in principle according to their 
aptitude and capacity. 
Where a disabled worker is fully able to do the work required 
at the post he occupies, he has a right to the full pay for the 
job in quest ion. 
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 subject of reduced pay, it 
is up to the Office to decide. 
Where such reductions would force a disabled worker's level of 
pay down to below the minimum wage, special rules apply. 
183 -
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 allowance for which he or she is eligible. 
4. Measures for the vocational retraining of the disabled 
Once a person's status as a disabled worker has been 
recognised, the Office gives its advice on career prospects and 
on what measures should be taken to facilitate his or her 
occupational reintegration. 
The State bears the expense of vocational retraining for 
persons with a physical impairment and for war cripples. 
The law makes the accident assurance association responsible 
for the cost of vocational retraining for persons who have 
suffered an accident at work. 
IMPLEMENTATION OF THE CHARTER 
Quest ion 27 
Virtually all the laws implementing the fundamental social rights of 
workers at national level are accompanied by administrative and/or 
penal sanct ions. 
THE NETHERLANDS 
- 185 -
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. The 
provisions of Article 1 of Order 1612/68 do not yet apply to 
Spaniards and Portuguese. 
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. 
Quest ion 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. 
Quest ion 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, but until 
1.1.1992 family members of Portuguese and Spanish workers remain 
subject to the legal residence qualifications. 
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. 
- 186 -
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 
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 ier workers. 
EMPLOYMENT AND REMUNERATION 
Quest ion 4 
No. 
Quest ion 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 to at least the statutory 
minimum wage (adjusted pro rata). The statutory minimum wage is 
regarded as fair remuneration for the work performed and as 
adequate to support a family. The normal 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. 
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 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 (Standardisât ion) Decree. 
- 187 -
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 
Employees 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. 
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. 
- 188 -
One current issue, for example, is the existence of thresholds 
for part-time workers in relation to supplementary pensions. 
The pension funds themselves are now 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 has asked the 
Socio-Economic Council for an opinion on the so-called "flexible 
work relationships", certain forms of which must be regarded as 
undesirable from the social point of view, particularly the 
mutually-binding contracts which offer virtually no Job security 
or income security: contracts with no specified number of 
working hours and "min-max contracts" where the minimum is 
extremely low. The government has particularly asked the Socio-
Economic Council to give an opinion on a statutory provision 
providing a basic level of job-income security. 
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. However, it 
will still be possible to extend a contract for a fixed period 
provided the parties agree this in writing. 
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. 
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). 
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Quest ion 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 1990, the average paid-leave 
entitlement in collective labour agreements was 24 eight-hour 
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. 
SOCIAL PROTECTION 
Quest ion 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 
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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 
Quest ion 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 ratified 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. 
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' 
- 191 -
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 col Iective 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 negotiations. 
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 
cal Iing the str ike. 
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). 
- 192 -
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. 
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. 
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 
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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 
educat ion. 
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 qualification. 
EQUAL TREATMENT FOR MEN AND WOMEN 
Question 16 
Article 1637 i J 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 
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. 
- 194 -
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 entitling 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. Over a four-year 
period, the Child-Care Subsidy Scheme will provide funds for 
more child-care places for children aged between 0 and 12. 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS 
Quest ion 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 th is f ield. 
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 particular. 
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 . 
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. 
- 195 -
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). 
- 196 -
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
Quest ion 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 
a I I 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 will be provided by the 
amended Dangerous Machinery Amendment Bill, which is currently 
before Par I iament. 
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 
cond i t ions. 
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. 
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 serv ices. 
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 
Quest ion 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 Factories 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 
Nether lands. 
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 iI age 18. 
Quest ion 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. 
- 199 -
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%. 
Quest ion 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 !L0 apply. 
THE ELDERLY 
Quest ion 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. 
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. 
200 -
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 
Quest ion 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 possibi Iity of providing facilities on the basis of the 
General Occupational Disabilities Act (for the private 
sector) and the Public Servants Superannuation Act (for the 
pub Iic 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 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. ADDIieants muct h« ano^ ,,n^^- ec 
- 201 -
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 ergonomicalI y 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. 
PORTUGAL 
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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. 
The following details on each of the separate chapters of the 
Charter reflect the legislative measures adopted following the above 
agreements. 
FREEDOM OF MOVEMENT 
Where employees are concerned, the Treaty of Accession of Portugal 
to the European Communities provides for a transitional period, yet 
to expire, for implementation of free access to employment. 
National legislation thus governs the access to employment of 
nationals of other Member States wishing to take up employment for 
the first time in Portugal, except for members of a worker's family 
making use of the right to reunification. 
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, without distinction as to age, sex, race, 
citizenship, religion or political or ideological conviction, are 
entitled to remuneration for work corresponding to its quantity, 
nature and quality, in accordance with the principle of equal pay 
for equal work, so as to ensure a decent standard of living. 
Under national legislation, all employees, whatever the 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 between the individual parties. 
- 204 -
For part-time working, remuneration may not be less than the 
fraction of the full-time remuneration corresponding to the period 
of work in question. 
One objective of the Economic and Social Agreement is for the 
guaranteed minimum wage to rise faster than the average wage, a goal 
already achieved in 1991. 
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 wi thheld only in the event of debts contracted by the worker 
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 judge 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 work ing condi t ions of employees are governed by legislation, 
collective agreements, internal rules and an individual contract of 
employment if in writing (required only if the contract is 
temporary, for a specific or unspecified term, for foreigners not 
entitled to free access to employment, for public performances and 
for employment on board ship). 
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 exacted to this end), 
falling to 40 hours in 1995. 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. 
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. 
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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 the law 
and 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, may not be renewed more than twice and are 
limited to 3 consecutive years. 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-t ime work ing 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. A 
temporary worker is subject to the conditions of employment of the 
employer to whom he is assigned. 
There are 12 obligatory and 2 optional paid hoi idays. 
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 week of 
the calendar year, in which case leave may be taken after 6 months 
of effective employment; if employment commences in the first week, 
the employee is entitled to leave of 8 working days after a period 
of 60 days of effective employment. 
Where an enterprise or establishment closes for holidays, workers 
entitled to a period of leave longer than the period of closure 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. 
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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 mainta ined. 
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, coI Iect i ve 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. If the bankrupt employer's assets 
are insufficient to pay all the creditors, creditor preference 
applies. Claims arising from contracts of employment are met 
immediately after those 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 essentially provided by the general 
social security system, which covers all employed workers and the 
self-employed, and the civil service system. Persons not 
compulsorily covered by these systems may join a voluntary social 
insurance scheme. 
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For employed workers, the following contingencies are covered: 
sickness, maternity, unemployment, occupational illnesses, 
invalidity, old-age, death and family responsibilities. 
The self-employed and civil servants enjoy the same coverage 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, benefits are calculated as a function of the pay on which 
contributions are based and range between 65 and 100% of pay. 
Protection in the event of occupational accidents is the 
responsibility of employers. However, they may transfer their 
responsibility to insurance companies. 
Social protection for workers is also provided by supplementary 
schemes run by insurance companies, pension funds and other bodies. 
Social protection 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 age 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 office of 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. 
208 -
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 unconditional. Where workers are concerned, the Constitution 
lays down that freedom of association 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. 
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 collective contracts, while collect ive 
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. 
- 209 -
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 Secur ity. 
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. 
VOCATIONAL TRAINING 
Pursuant to the Economic and Social Agreement referred to in the 
introduction, the Government and the trade union and employers' 
federations represented on the Permanent Council for Social 
Consultation signed, on 30 July 1991, an agreement on vocational 
training policy. It concerns 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 Communities". 
The agreement provides for a range of measures requiring intensive 
cooperation between public bodies and the social partners. These 
measures focus on the creation of conditions to ensure the future 
generalisation of initial and further training, on the linkage 
between training and work and on the economic and social integration 
of those social groups with the most problems entering the labour 
market. 
Social dialogue and the participation of the social partners feature 
throughout this agreement, particularly as regards the definition, 
development and implementation of vocational training policy, the 
tripartite organisation of the bodies concerned and the coordination 
of activities at European Community level. 
Of the measures provided for in this agreement, five pieces of draft 
legislation are worth singling out: the first setting out a 
framework for vocational training; the second concerning training on 
the labour market; the third concerning preliminary vocational 
training; the fourth concerning vocational qualifications and the 
fifth concerning vocational information. The first three have now 
been approved by the Council of Ministers. 
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The legislation setting out the framework for vocational training in 
the education system and on the labour market integrates all such 
training, regardless of the system - education or employment - in 
which it is provided, in a legal system ensuring the desired unity 
and effectiveness, particularly in terms of principles, methods, 
certification, evaluation and coordination. 
Where vocational training in the education system is concerned, the 
main provisions have already been set out in the Education System 
(Bases) Act (1986), which, for initial training, distinguishes 
between two models, technical vocational education and vocational 
schools. Lasting three years and open to students who have 
completed the 9th year of schooling, technical vocational education 
leads to a secondary school-leaving diploma and a technical 
vocational training certificate. 
In the vocational schools, which are open to young people with 9 or 
6 years of schooling, courses are organised into modules of varying 
duration corresponding to progressively higher levels of education 
and vocational qualification and lead to a certificate of 
qualification at level 1, 2 or 3 and a diploma equivalent to the 
10th, 11th or 12th years of the regular education system. 
Where vocational training on the labour market is concerned, the 
legal system adopted clarifies the role of the state, enterprises, 
other employing and training bodies and the social partners and lays 
down criteria for defining the priorities for training aid and 
financial resources. 
One particular form of this type of 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. 
As regards continuing training, legislation adopted in 1985 
established the legal system for technical and financial aid by the 
Institute of Employment and Vocational Training for vocational 
training in cooperation with other public, private or cooperative 
bodies through the conclusion of agreements to implement specific 
activities or to meet the ongoing needs of one or more sectors of 
the economy. 
Portugal is currently seeing a significant expansion in vocational 
training, particularly for those at work. In fact, all applications 
for financial aid have been approved, provided that they meet 
various conditions for eligibility. In addition, there has been an 
extension in the nation-wide coverage of training facilities and 
agents, including distance learning and the training of 
professionals who undertake training activities in enterprises 
alongside their usual duties. 
With the aim of encouraging the improvement of worker skills, while 
taking into account economic reality in enterprises, the right to 
unpaid, long-term leave (not less than 60 days) to attend vocational 
training courses has recently been established. The employer may 
refuse to grant such leave only in cases specified by law. 
A fact worth noting is that any foreign citizen resident in Portugal 
aspiring to enter the national labour market has access to 
vocational training. 
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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, equality of opportunity 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 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 
quest ion. 
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, under the Prime Minister, which has 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. 
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, or, in the event of adoption, either adoptive 
parent. 
With this same objective, efforts have been made in recent years to 
create facilities and provide services for childcare and care of the 
aged. 
In spite of the constitutional principle mentioned above, 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. 
212 -
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 .author ities 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 
enterpr ise. 
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. 
- 213 -
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 a Decree-Law 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. 
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. 
- 214 -
To ensure the implementation of all the obligations it sets, 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. 
Also worth noting in the agreement on safety, hygiene and health at 
work is the decision to create, by the end of this year, 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. 
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 
- 215 -
highly skilled occupation and are aged between 18 and 25 is 20% 
lower 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 of 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-industrial 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. 
ELDERLY PERSONS 
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. 
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 over the 
age of 65 who has been living in the dwelling concerned for at least 
20 years. 
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. 
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. 
- 216 -
DISABLED PERSONS 
Under a policy for promoting their occupational and social 
integration, disabled persons benefit from the following measures: 
vocational preparation and training of young disabled people; 
technical and financial support for training and occupational 
rehabilitation programmes for disabled persons; support for self-
employed activities; support for protected employment; social and 
occupational integration in the normal labour market (compensation 
subsidies for adapting workplaces, eliminating architectural 
obstacles and providing individual attention in enterprises, merit 
and integration awards for employers, incentives for employers 
through tax concessions and a reduction of 50% in their social 
security contributions, and measures concerning working time in the 
civil service); tax concessions for the importation of cars, 
tricycles and wheelchairs; reservation of seats in public transport; 
reservation of parking spaces on public highways; reductions in 
personal income tax; special credit conditions for home purchase or 
construction; permission for the blind to be accompanied when voting 
in elections; technical recommendations for improving accessibility 
to establishments open to the public; personal assistance in public 
services for users with reduced mobility; establishment of specific 
conditions for access, assistance and information/guidance in some 
museums and palaces. 
SPAIN 
- 218 -
FREEDOM OF MOVEMENT 
1. There are no restrictions other than those arising from the 
transitional period. 
2. Royal Decree 1099/1986 of 26 May on the right of nationals of 
the Community Member States to enter, stay and work in Spain, 
which incorporates the pertinent Community rules into Spanish 
national law for the transitional period, lays down the 
administrative formalities to be completed by nationals of the 
Community Member States in order to exercise the rights of entry 
and stay in Spain, to engage in paid employment or self-
employment or to provide or receive services for remuneration in 
accordance with Articles 48, 52 and 59 of the EEC Treaty. 
It stipulates that the special arrangements for work and 
residence permits for employed persons set out in Chapter III 
shall apply preferentially as long as the transitional 
provisions set out in Articles 56, 57 and 58 of the Act of 
Accession of Spain to the Communities remain in forced). 
Article 14.1 thus provides that any worker from a Community 
Member State who applies in due form shall be granted a work 
permit valid for five years, which shall be automatically 
renewable and not subject to restrictions on geographical 
extent, occupational sector or activity and a residence permit 
for the same period, which shall also be automatically 
renewable. 
Reference should also be made in this connection to the 
provisions of Organic Law 7/1985 of 1 July on the rights and 
freedoms of foreign nationals in Spain and of Royal Decree 
1119/1986 of 26 May approving the Regulation implementing the 
above Law, which are interpreted and implemented, as stipulated 
by the sole Article of the Regulation, "without prejudice to the 
Treaties establishing the European Communities and amendments 
thereof, the legislation deriving therefrom and Royal Decree 
1099/1986 of 26 May", being of a supplementary nature and 
applying solely insofar as they do not conflict with these 
instruments. 
In Spain, there is thus no difference whatsoever between the 
treatment of Spanish workers and workers from Community Member 
States with due authorization to work in Spain, whose pay and 
other working conditions may not on any account be inferior to 
those laid down by the rules applying in Spanish territory or 
fixed by collective agreement for Spanish workers in the 
activity, category and locality in question. 
As a member of the Community, Spain applies to its system of 
social security and hence to the schemes constituting this 
system, the social protection rules which are mandatory for the 
Member States, in particular Council Directive 79/7/EEC on 
(1) However, account should be taken of Council Regulation (EEC) 
n" 2194/91 of 25 June 1991 on the transitional period for freedom 
of movement of workers between Spain and Portugal, on the one 
hand, and the other Member States, on the other (OJ L 206 of 
-« f\f\4 
- 219 
progressive implementation of the principle of equal treatment 
for men and women in matters of social security and Regulation 
(EEC) No 1408/71 of the Council of 14 June 1971 on the 
application of social security schemes to employed persons and 
their families moving within the Community. 
3. The Community rules on family reunification apply subject to the 
restrictions arising from the transitional period. Article 15 
of Royal Decree 1099/1986 provides for the granting of a five-
year work permit with no geographical or occupational 
restrictions to the worker's dependent spouse and children less 
than 21 years of age. 
The Order of 9 January 1991 of the Ministry of Labour and Social 
Security institutes various action programmes for social 
integration and vocational development of immigrants and their 
families, comprising assistance for familiarization with the 
language and culture, vocational guidance and employment 
training, social integration activities and social integration 
of foreign workers in Spain by means of programme contracts. 
The Spanish authorities have transposed 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 by 
approving a Royal Decree^2). This Royal Decree lays down the 
general system for recognition of higher-education diplomas 
awarded in the Community Member States and requiring at least 
three years' training. 
Under the terms of this Royal Decree, any national of a Member 
State who possesses occupational qualifications obtained in a 
Member State other than Spain and similar to those required in 
Spain in order to practise a profession, will have the right to 
be admitted to that profession on the same basis as persons who 
have obtained a Spanish qualification. Only if the training 
obtained in another Member State is not equivalent to the 
Spanish requirements for admission to the profession or when the 
profession in Spain includes activities which are not covered by 
the equivalent profession in the country of origin is it 
permissible to assess the ability of a practitioner trained in 
another country to adapt to his new environment by suitable 
adjustment measures. 
The same Royal Decree will lay down rules governing 
certification by the Spanish authorities that the nationals of a 
Member State have acquired a training of at least three years' 
duration in Spain which qualifies them to practise a regulated 
profession in another Member State. 
The scope of the Royal Decree does not include those professions 
which have been covered by a Directive providing for mutual 
recognition of qualifications among the Member States. 
(2) which will shortly be published in the Official State Gazette, at 
lk Ink I Im/t Î + ...ill Un «-^.-.i.-.-^^^! * ~ 4. U ~ /•»_« 
- 220 -
Documents issued by the competent authority in a Member State 
will be treated in the Royal Decree as equivalent to 
qualifications, certificates or diplomas issued by the Member 
State authority to attest that the holder has completed a course 
of post-secondary studies of at least three years' duration if 
they are recognized as being of equal status in that State and 
attest to training obtained in the Community. 
Royal Decree 1099/1986 of 26 May, to which reference has already 
been made, provides that the transitional arrangements laid down 
in Articles 56 to 59 of the Act of Accession of Spain to the 
Communities also apply to frontier workers who are nationals of 
a Community Member State. Such workers will be granted a 
special frontier worker's permit valid for five years, 
restricted to the frontier zone and not subject to restrictions 
with regard to the occupational sector or activity. 
EMPLOYMENT AND REMUNERATION 
Article 35 of the Spanish Constitution recognizes not only the 
duty of all Spaniards to work and the right to work but also the 
right to the free choice of profession or trade. 
The Workers' Statute also recognizes as a workers' basic right 
the right to work and to the free choice of profession or trade 
(Article 4.1.a). 
There are minimum standards for pay, which specify the general 
minimum wage applying each year to all activities in 
agriculture, industry and the service sector, referred to the 
legal working day in each activity and determined as a function 
of the consumer price index, mean national productivity, the 
increase in the part played by labour in the national income and 
the general economic situation. 
Certain additions laid down in collective agreements are made to 
these minimum wages. These are the 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, job-related allowances 
such as those for night work, arduous, unhealthy, dangerous or 
dirty work, boarding and sailing allowances, guaranteed bonus 
and incentive payments over and above the time-related wage and, 
finally, allowances for residents in the island provinces and in 
the towns of Ceuta and Mel il la. 
When part-time working is practised, the principle of wage 
proportionality applies on the basis of the hours or days 
actually worked. Length of service is then determined from the 
date of recruitment as if the person concerned were a full-time 
worker. 
Temporary contracts are governed by the principle that the 
persons concerned should enjoy the same rights and the same pay 
as permanent workers. 
- 221 -
Article 27.2 of the Workers' Statute states that an amount 
corresponding to the minimum wage cannot be distrained. 
Similarly, Article 8.1 of the Law on Social Offences and 
Penalties in social matters states that it is a very serious 
offence for the employer: "to fail to pay the due remuneration 
or to delay payment repeatedly". Penalties are imposed at the 
initiative of the Labour and Social Security Inspectorate, the 
severity depending on whether the offender acted out of 
negligence or deliberately. In very serious cases, the fine may 
range from 300 001 pesetas to 15 000 000 pesetas. 
Article 32 of the Workers' Statute establishes a number of 
safeguards for payment of the due remuneration, which is 
regarded as a debt having particularly high priority, e.g. in 
cases in which the employer has initiated bankruptcy proceedings 
and in all other cases in which wage debts are in competition 
with other claims on the employer's property. 
Finally, Article 33 of the Workers' Statute provides for the 
Guaranteed Wage Fund. This is an autonomous administrative body 
operating under the auspices of the Ministry of Labour and 
Social Security, with legal personality and the capacity to act 
in pursuit of its aims. It pays workers the value of 
outstanding wages which are unpaid because of insolvency, 
suspension of payments, bankruptcy or composition proceedings 
involving the employer. The sum paid cannot exceed the product 
of twice the daily rate of the general minimum wage and the 
number of days for which payment is outstanding, up to a maximum 
of 120. 
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 
Article 34 of the Workers' Statute provides that the normal 
working week shall not exceed 40 hours of actual work, to be 
calculated on a weekly or annual basis subject to the following 
constraints: (1) not more than nine normal hours may be worked 
per day; (2) between the end of one working day and the 
beginning of the next, the worker shall have a break of at least 
12 hours in his work for the undertaking in question. 
Working time may be arranged in the form of a "split day", in 
which case there must be an uninterrupted break lasting at least 
one hour, which is not regarded as working time, or in the form 
of a "continuous day" in which case there must be a break of not 
less than 15 minutes, which may be regarded as actual working 
t ime. 
The forms of employment contract other than open-ended full-time 
contracts are as follows: 
- 222 -
practical training contract: performance of paid work 
allowing the worker to apply and improve his knowledge; 
training contract: the worker undertakes to perform work and 
receive instruction simultaneously; 
temporary job creation contract, with the aim of placing 
jobseekers; 
contract for specific works or services; 
standby contract depending on operational circumstances; 
interim contract enabling workers of the undertaking to be 
replaced while retaining the right to be reinstated in their 
Jobs; 
contract for the start-up of a new activity; 
fixed employment contract for discontinuous work, i.e. work 
carried out on an intermittent or cyclic basis; 
part-time contract, services being provided for less than 
two thirds of the normal working day in the activity in 
quest ion; 
job-sharing contract: a worker takes over part of the 
working day of a person entering upon part-retirement. 
Spanish law prescribes equal treatment with regard to working 
conditions and trade union rights for part-time and full-time 
workers, including those with fixed-term contracts, the only 
difference being the logical adjustment of the wages due. 
Royal Decree 1991/1984 of 31 October regulating part-time 
contracts, job-sharing contracts and part-retirement thus states 
in Art icle 2: 
1. "Workers with part-time contracts shall enjoy the same rights 
as are granted to full-time workers by the law or by collective 
agreements. 
2. "Remuneration of a part-time worker shall be proportional to 
that laid down by law or collective agreement for a full-time 
worker in the same occupational category, taking account of 
working hours and length of service in the undertaking. 
3. "Part-time workers shall be represented jointly with full-
t ime workers." 
With regard to the procedure for collective redundancies, 
manpower rationalisation may take place in Spain when justified 
for economic or technical reasons and is monitored by the Labour 
Authority. In addition, the employer must in any case engage in 
a period of consultation with the workers' representatives. 
With regard to bankruptcies, Article 51.11 of the Workers' 
Statute provides that a declaration of bankruptcy may be 
followed by the continuation of employment contracts if this 
agreed by the receivers in order to continue the firm's 
business. Otherwise, the matter must be forwarded to the 
competent Labour Authority as if it were a procedure for 
manpower rationalisation on economic or technical grounds. 
- 223 
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 will have priority so that their holidays 
coincide with the school holidays. 
If there is disagreement between the parties, the competent 
judicial body shall determine the dates and its decision 
shaII be f inal. 
Working conditions (rights and obligations of the parties in the 
employment relationship) are largely laid down by legislation, 
regulations or agreements. 
All contracts for a period in excess of four weeks, other than 
open-ended contracts, must be in writing, as must some open-
ended contracts (part-time, fixed contracts for discontinuous 
work, etc.). 
Many employment regulations and collective agreements require 
all types of contract to be in writing. 
SOCIAL PROTECTION 
10.1 The public authorities in Spain are required to maintain a 
public social security system for all citizens to ensure 
adequate assistance and social benefits in cases of need, and 
especially in the event of unemployment. Cover for additional 
assistance and benefits is voluntary. 
On this basis, the Spanish social security system rests on a 
basic distinction between 
a public system, which is compulsory and 
voluntary supplementary protection. 
The public system in turn comprises two levels of protection 
covering different types of need: 
a general level for cases of need which as a rule do not 
depend on whether the person concerned is in or out of work 
and which affect those who have not had an earned income, 
have lost such an income without becoming entitled to a 
compensatory benefit or have lost their right to such 
benef i t -, 
- 224 -
an occupational level for cases arising from the pursuit of 
an occupation and consisting in the temporary or permanent 
loss of all or part of earned income. 
At this second level, there are two systems: 
a general scheme for employed persons and persons of 
equivalent status in the various branches of economic 
activity, covering 8 675 900 members; 
special schemes for workers in occupations which, because of 
their nature, particular characteristics or the nature of 
the productive processes, require special arrangements for 
social security benefits, covering 3 892 577 members. 
The occupational schemes are essentially contributory, their 
funds being obtained from remuneration by means of employers' 
and workers' contributions. The maximum and minimum 
contribution limits for 1991 were set as follows: the maximum 
contribution basis for all social security schemes is 306 120 
pesetas per month, while the minimum limit for industrial 
injuries and occupational diseases cover is 62 130 pesetas per 
month for workers aged 18 or over and 41 010 pesetas per month 
for workers under 18 years old. Direct transfers are also made 
from the General State Budget to the Social Security Budget. 
These logically correspond to the degree to which the social 
protection system provides non-contributory benefits which are 
unrelated to occupational activity and hence to earlier 
contr ibut ions. 
The system of protection against unemployment is hybrid, 
including a contributory benefit, mainly for employed persons 
and other specific groups which are deemed to be employed 
persons for purposes of protection, and non-contributory 
assistance for unemployed persons who have exhausted their 
entitlement to unemployment benefit. This latter category 
includes two groups of unemployed persons who are not required 
to have had previous employment: returning emigrants and 
released prisoners, subject to the conditions laid down by law. 
10.2 The regulating instrument is Law 26/1990 of 20 December on Non-
contributory Benefits and Royal Decree 357/1991 of 15 March 
implementing this Law. The main purpose of Law 26/1990 is to 
establish and regulate a non-contributory level of cash benefits 
within the social security system in accordance with the 
principle enshrined in Article 41 of the Spanish constitution, 
which requires the public authorities to maintain a "public 
social security system for all citizens". 
The Law extends the right to retirement and invalidity pensions 
and to cash benefits for dependent children under the social 
security system to all citizens, even if they have never paid 
contributions or have not done so for a sufficient time to 
become entitled to contributory benefits as a result of 
occupational activity. 
- 225 -
The only requirements for entitlement to non-contributory 
benefits are, as general conditions, residence in Spanish 
territory and lack of adequate means of subsistence, and, as 
specific conditions, the age of 65 for the retirement pension 
and the age of 18 and the specified degree of disability for the 
invalidity pension. 
These pensions are paid at a flat rate laid down in the General 
State Budget laws. 
With regard to benefit for dependent children, Law 26/1990 
substantially changes the child benefits under the social 
security system by establishing a non-contributory system, 
extending entitlement to all citizens who were hitherto excluded 
since they were not covered by the social security system. 
Similarly, within the contributory system, entitlement to these 
benefits has been extended to the special scheme for self-
employed persons, who hitherto did not receive periodic benefit 
for each child. The overall effect is to make entitlement to 
cash benefits for dependent children universal. 
The creation of a general entitlement to child benefits for all 
citizens is combined with a redistributive mechanism which 
consists in setting maximum income levels for entitlement to 
these benefits while at the same time increasing their value to 
12 times their present level. 
The Law also institutes new benefits for dependent children over 
18 years old and suffering not less than 65 or 75% disability. 
These benefits are higher than those mentioned above and are 
unaffected by the beneficiaries' income. 
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 11/1985 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 military 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". 
- 226 -
Article 12 states: "Regulations, provisions of collective 
agreements, individual agreements and unilateral decisions by 
the employer which involve or imply any type of discrimination 
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 Apr iI 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. 
- 227 -
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 2/1986 of 13 March on the Armed and Security Forces 
forbids strike action by members of these forces. 
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, 
- 228 -
formal vocational training will comprise basic vocational 
training, to be received by all secondary pupils, and 
specialised vocational training, to be organised in intermediate 
and higher-level 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 The National Plan for Training and Integration into Employment 
(the F IP Plan) includes a special programme for guidance and 
employment training for foreigners who are legally resident in 
Spain and are entitled to take up employment. 
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 The public authorities and the employers' and trade union 
organizations are all involved in managing employment policy, 
which includes vocational training, under the responsibility of 
the National Employment Institute. They are equally represented 
on the General Council and Executive Committee, which are the 
bodies responsible for overseeing the central departments, and 
on the executive committees of the provinces and islands. 
The General Vocational Training Council, the advisory body to 
the government in matters of formal vocational training and 
employment training, also has a tripartite composition with 
equal representation as described above. Its responsibilities 
include preparing the FIP Plan and submitting it to the 
government for approval, monitoring its implementation and 
proposing any changes needed to bring it up to date. 
Royal Decree 1618/1990 introduces certain innovations in the 
involvement of the two sides of industry in vocational training, 
instituting three-year programme contracts as a vehicle for 
collaboration of employers and unions in the implementation of 
the FIP Plan. 
This Royal Decree also provides for the establishment of 
Provincial Monitoring Committees for Employment Training, which 
are intended to provide the National Employment Institute with 
machinery at provincial level for participation in vocational 
training. Their functions include that of gathering information 
on the progress of the FIP Plan, analysing and assessing the 
data collected and issuing proposals and recommendations. 
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 
229 -
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 8/1988 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 521/1990 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 Approval of this Plan was a major step towards equal treatment. 
It comprised 120 measures involving 13 ministerial departments, 
and had the following objectives. 
To improve the regulatory arrangements giving effect to the 
constitutional principle of sexual equality. 
To make it possible to choose parenthood freely and 
responsibly. 
To improve health protection for the entire female 
population and especially the groups of women most at risk. 
To reduce the rate of female unemployment and sexual 
segregation in employment and improve working conditions for 
women in employment by means of public programmes of job-
related training, recruitment and self-employment. There is 
a specific programme of wage subsidies for the conclusion of 
open-ended employment contracts for women in professions or 
jobs in which they are under-represented. 
To improve and extend the social protection of groups of 
women particularly in need of assistance. 
To launch international cooperation programmes aimed at 
benefiting specific groups of women. 
To improve and complete the information available on the 
social position of Spanish women and how it is affected by 
social and economic policy measures. 
This Action Plan has led to the adoption of plans with similar 
objectives in eight regions under the auspices of the regional 
governments. Work is currently in progress on preparing the 
second state action plan. 
The Action Plan for Equality of Opportunity for Women recognized 
the need to prevent pressures and sexual harassment, to which 
women are particularly exposed. To this end, Article 4(2)(e) of 
- 230 -
Law 8/1980 of 10 March on the Workers' Statute was amended by 
Article 1 of Law 3/1989 of 3 March, which extended maternity 
leave to 16 weeks and prescribed measures to promote equal 
treatment for men and women at work. The new Article reads as 
follows: "In relation to their employment, workers have a right 
.... to respect for their privacy and due consideration for 
their dignity, including protection from verbal or physical 
aggression of a sexual nature". 
Mention should finally be made of the major importance in the 
social and occupational advancement of Spanish women of the 
creation of the Institute for Women's Issues in 1983 and, more 
recently, of equal opportunities commissions in many of the 
regional governments. 
16.3 In addition to part-time contracts, a contribution is made by 
the whole system of leave arrangements and the latest and most 
important measure intended to enable men and women to reconcile 
their occupational and family commitments, which was contained 
in Law 3/1989. This extended maternity/paternity leave from 14 
to 16 weeks and to 18 weeks in the case of a multiple birth and 
guaranteed reinstatement in employment in the public or private 
sector after one year's child-rearing leave, such leave also 
counting towards length of service. 
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 11/1985 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 
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: 
- 231 -
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 
famiIies. 
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 r ights: 
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 
leg i s I at ion. 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE 
19.1 With regard to the Directives in course of transposai, it should 
first of all be mentioned that the areas to which they relate 
are already regulated in Spain. Nonetheless, their 
incorporation into Spanish law will involve the following 
changes. 
Council Directive 89/391/EEC (Framework Directive) will 
require the institution of preventive services and the 
strengthening of protective measures against the fire hazard 
and serious and imminent danger and of the right of workers 
and their representatives to information. The Framework 
Directive will also make a considerable contribution to 
Spanish law by confirming a progressive approach to workers' 
health and safety, i.e. an overall, integrated and dynamic 
health and safety policy affecting every aspect of an 
undertaking's operations. 
Council Directive 89/654/EEC on the workplace will have a 
major impact in Spain, especially with regard to new 
workplaces established after 31 December 1992, and more 
specifically with regard to electrical installations. 
Existing Spanish legislation already goes as far as Council 
Directive 89/655/EEC on work equipment and actually goes 
farther than Council Directive 89/656/EEC on personal 
protective equipment. 
- 232 -
Council Directive 90/270/EEC on display screen equipment 
will, in its overall impact, involve far-reaching 
innovations for Spanish workers. 
Finally, Council Directives 90/394/EEC and 90/679/EEC on 
exposure to carcinogens and to biological agents, and in 
particular the latter, will result in improved prevention 
and protection in that these Directives will make it 
necessary to introduce a system of rules, action levels and 
limit values, together with a set of graded measures to be 
taken, which will clarify the Spanish legislation in these 
areas. 
19.2 The legislation now in force gives the workers' representatives 
(Works Councils and delegates) responsibility for monitoring 
preventive measures and safety and health conditions in their 
undertaking's operations. The Workers' Statute thus entrusts 
the Works Councils with the task of monitoring compliance with 
the rules for health at work and the safety and hygiene 
conditions in their undertakings, and taking any necessary legal 
action in relation to the employer and the competent authorities 
or courts. 
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. 
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. 
Article 10.6 of the Law on Social Offences and Penalties states 
that it shall be a very serious offence "to fail to set up the 
safety and health machinery within the undertaking or to 
infringe the rights of the bodies concerned and in general of 
the workers' representatives in safety and health matters". 
This offence will incur a fine proposed by the Labour and Social 
Security Inspectorate, without prejudice to any penalties which 
may be imposed by the health authorities. 
- 233 -
Moreover, the General Ordinance on Safety and Health at Work of 
1971 states that the duties of the workers' representatives who 
are members of the Safety and Health Committees include 
cooperation with the employer and submission to the latter of 
proposals for preventive measures. 
At the individual level, the worker has a subjective right to 
protection by the employer. But the law also provides for a 
parallel contractual obligation on the part of the worker to 
comply in his work with the statutory health and safety 
requirements (Article 19.2 of the Law on the Workers' Statute) 
and to follow the practical instructions provided by the 
employer (Article 19.4 of the Law on the Workers' Statute). 
Finally, mention should be made of the Draft Law on Health at 
Work, which regulates the action to be taken by the parties to 
the employment relationship in order to prevent risks and 
safeguard the health and physical well-being of workers by 
improving working conditions. 
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 
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." 
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. Article 27.1 of the Worker's Statute states that the government 
shall set the general minimum wage at yearly intervals. 
Under the terms of Royal Decree 8/1991 of 11 January, the 
general minimum wage is 1 172 pesetas per day or 35 160 pesetas 
per month for persons less than 18 years old and 1 775 pesetas 
per day or 53 250 pesetas per month for persons over 18 years 
old. 
The minimum wage may, however, be atoove this general level for 
certain occupations, depending on category, as specified by 
collective agreements. 
- 234 -
22. Article 6.2 of the Worker's Statute states that workers less 
than 18 years old may not engage in night work or activity nor 
hold Jobs which the government declares to be unhygienic, 
arduous, noxious or prejudicial to health, vocational training 
or personal development. 
Article 6.3 of this instrument prohibits overtime working by 
persons less than 18 years old. 
Failure to comply with these prohibitions incurs administrative 
sanctions in that Article 8.4 of the Law on Social Offences and 
Penalties declares infringement of the rules on work by minors 
to be a very serious offence. 
Spanish legislation makes no distinction between adults and 
minors for purposes of the length of the employment contract, 
both categories being able to conclude open-ended and temporary 
contracts. There is, however, a type of temporary contract 
specifically designed for young persons: the "practical 
training" or "training" contract, approved by Royal Decree 
1992/1984 of 31 October, which permits simultaneous work and 
vocational training. 
A practical training contract may be concluded by young persons 
within the four years following completion of the studies 
necessary for the qualification in question. 
A training contract may be concluded by unemployed persons 
between the ages of 16 and 20 years, with no upper age limit for 
the handicapped. 
23. The FIP Plan includes the following programmes for young 
persons; 
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-levé I 
vocational training, experimental modules and higher 
education; 
6. employment training programmes during military service. 
THE ELDERLY 
24. In Spain, workers are entitled, on reaching retirement age, to a 
life-long, imprescriptible retirement pension under the public 
social security system. 
To qualify, workers must satisfy the age, minimum contribution 
and contingency requirements, be covered by one of the schemes 
in the Spanish social security system or a scheme linked with it 
and have active contributor or equivalent status, although under 
the terms of Law 26/1985 of 31 July persons may receive a 
retirement pension without having active contributor status. 
- 235 -
As a general rule, the pensionable age is 65 years. Workers 
must have or be deemed to have active contributor status, 
subject to certain conditions. 
The minimum contribution period required is 15 years, two of 
which must be among the last eight years immediately preceding 
ret irement. 
Workers may also be entitled to a pension additional to the 
social security pension under supplementary voluntary 
arrangements. These are largely regulated by collective 
agreements and may be run by voluntary provident schemes and 
mutual insurance societies. 
Such supplementary pensions are widespread in some sectors of 
the Spanish economy. 
Since 1987, there have also been pension plans and funds, which 
are of three types depending on the promoters and participants: 
occupational system; 
associate system; 
personal system. 
25. As already mentioned in section 10, the Spanish social 
protection system provides for non-contributory retirement 
pensions so that all elderly citizens who are in need are 
entitled to minimum benefits even if they have never paid 
contributions or have not done so for a sufficient period to 
obtain benefits at the contributory level. Such citizens are 
also entitled to medical/pharmaceutical benefits and social 
services, with the result that their needs are fully covered. 
Law 26/1990 of 20 December instituting non-contributory benefits 
under the social security system builds on the guiding principle 
set out in Article 41 of the Spanish Constitution, which 
requires the public authorities to "maintain a public social 
security system for all citizens". The only requirements for 
entitlement to the non-contributory retirement pension are, as a 
general condition, residence in Spanish territory and lack of 
adequate means of subsistence and, as a specific condition, the 
age of 65 years. The pension is paid at a flat rate fixed by 
the General Budget laws. 
The social security system provides the following social 
assistance and social services for retired persons or 
pensioners: 
old people's homes; 
day centres and clubs-, 
assistance in the home; 
hoiidays; 
subsidized thermal cures. 
- 236 -
DISABLED PERSONS 
26.1 The main approach to integration of disabled persons into 
working life is to induce employers to give open-ended work 
contracts to disabled persons who are unemployed by granting a 
500 000 peseta subsidy and reducing the employer's social 
security contribution for all risks by 70% for workers under 45 
years old and 90% for older workers. 
These incentives are compatible with the granting of aid for 
adaptation of workstations. 
The "training contract", which combines work with the necessary 
training for the job and which can normally be concluded with 
persons between the ages of 16 and 20, is not subject to any age 
limit when the unemployed person concerned is disabled. 
The programme of occupational integration of the disabled in 
Special Employment Centres covers two types of activity. The 
first supports the launching of innovatory job-creating projects 
by means of subsidies for technical support, interest rebates 
and the capital investment required. The second is intended to 
maintain jobs by subsidizing part of the wage cost and the 
employer's social security contributions. 
Self-employment of the disabled is encouraged by means of 
interest rebates and subsidies of up to 400 000 pesetas for 
fixed capital investment. 
In the field of vocational training, the FIP Plan includes an 
employement training programme for disabled workers with the aim 
of easier integration into the open labour market. 
A further series of measures carried out under the aegis of the 
National Institute for Social Services (INSERS0) may be briefly 
described as follows. 
Vocational guidance in basic centres, whose functions 
include providing advice on the most suitable work for the 
type of disability concerned. 
Employment training organized and financed by INSERS0, which 
is carried out in Rehabilitation Centres for the Physically 
Disabled, one of which belongs to the Community network of 
vocational training or rehabilitation centres and 
experiments set up under the Community HELIOS programme. 
Work in Occupational Centres, whose aim is the vocational 
and social rehabilitation of persons suffering total 
incapacity which temporarily or permanently prevents their 
integration in a Special Employment Centre or in open 
employment. One of these centres too, forms part of the 
HELIOS programme. 
In the field of employment for the disabled, INSERS0 also 
manages the Register of Occupational Centres run by non­
profit private bodies. This register lists establishments 
237 -
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 employable in an 
undertaking or Special Employment Centre. 
26.2 Various measures are being taken in the following areas to 
promote the social integration of the disabled: 
ergonomics: by subsidizing employers for adapting 
workstations to the requirements of the disabled; 
accessibility and mobility: by eliminating architectural 
obstacles, subsidising the acquisition and adaption of aids 
to mobility and adaptation of means of transport to allow 
their use by disabled persons. 
With regard to housing, the regulations on subsidized housing 
provide for a quota of 3% to be reserved for the disabled. 
IMPLEMENTATION OF THE CHARTER 
27. The rights contained in the Charter are guaranteed by various 
mechanisms. 
Under the terms of Article 13 of the Organic Law on Trade Union 
Freedom, if workers or trade unions consider trade union rights 
to have been infringed by an employer, an employers' association 
or any other person, entity or public or private corporation, 
they may seek legal redress from the competent court by the 
process of judicial protection of fundamental human rights. 
The Codified Text of the Law on Labour Procedures assigns 
competence to deal with claims arising in social law, in both 
individual and collective disputes, to the social courts and 
accords legal capacity and the right to plead in defence of 
their rights and legitimate interests to all persons having the 
full enjoyment of their civil rights and to trade unions and 
employers' associations for the defence of their economic and 
social interests. 
At the administrative level, Law 8/1988 classifies social 
offences and penalties, assigning responsibility in this area to 
the Labour and Social Security Inspectorate, which may take 
action, either ex officio or on complaint by the party affected, 
on the entire range of regulations on labour and employment 
matters, social security, migration, safety and health at work, 
etc. When it is established that offences have been committed, 
penalties are imposed by the competent administrative authority 
following a proposal from the Labour and Social Security 
Inspectorate. 
In addition to these normal channels for judicial and 
administrative redress, parties suffering violation of rights 
recognized by the Constitution have access to the constitutional 
machinery for guaranteeing such rights: challenges to the 
constitutionality of legislative decrees before the Cons 
- 238 -
titutional Court; appeals to the Constitutional Court for 
protection against de facto infringements; Judicial proceedings 
by summary and priority procedure before the normal courts for 
the protection of fundamental human rights, complaints to the 
Ombudsman against administrative acts which infringe citizens' 
rights, etc. 
In Spain, the rights contained in the Charter are also exercised 
by means of collective agreements, the binding force of which is 
recognized by Article 37 of the Spanish Constitution: "The law 
shall guarantee the right to collective labour negotiations and 
the binding force of the agreements concluded". 
Article 82.3 of the Workers' Statute states that: "The 
collective agreements regulated by this Law are binding on all 
employers and workers covered by their scope and for as long as 
they are in force", while Article 3 of the same Statute 
describes collective agreements as the basis of the employment 
relat ionship. 
Article 96 of the Spanish Constitution states that: "Duly 
concluded international treaties, once they have been published 
in Spain, shall form part of Spanish law". 
The rights set out in the Charter are thus also guaranteed by 
means of the international conventions ratified and published in 
Spain. The following ILO Conventions, which have been ratified 
by Spain and are thus part of Spanish law, are pertinent. 
1. Social policy 
- Convention No 117 concerning Basic Aims and Standards of 
Social Pol icy, 1962 
2. Freedom of movement 
- Convention No 97 concerning Migration for Employment 
(revised), 1949 
- Convention No 157 concerning the Establishment of an 
International System for the Maintenance of Rights in 
Social Security, 1982 
3. Employment and remuneration 
- Convention No 122 concerning Employment Policy, 1964 
- Convention No 88 concerning Organisation of the 
Employment Service, 1948 
- Convention No 131 concerning Minimum Wage Fixing, 1970 
- Convention No 95 concerning the Protection of Wages, 1949 
4. Improvement of living and working conditions 
- Convention No 1 limiting the Hours of Work in Industrial 
Undertakings to Eight in the Day and Forty-Eight in the 
Week, 1919 
- Convention No 30 concerning the Regulation of Hours of 
Work in Commerce and Offices, 1930 
- Convention No 132 concerning Annual Holidays with Pay 
(revised), 1970 
239 -
5. Social protection 
- Convention No 102 concerning Minimum Standards of Social 
Security, 1952 
6. Freedom of association and collective bargaining 
- Convention No 18 concerning Freedom of Association and 
Protection of the Right to Organize, 1948 
- Convention No 98 concerning the Application of the 
Principles of the Right to Organize and to Bargain 
Collect ively, 1949 
- Convention No 135 concerning Protection and Facilities to 
be Afforded to Workers' Representatives in the 
Undertaking, 1971 
- Convention No 154 concerning the Promotion of Collective 
Bargaining, 1981 
7. Vocational training 
- Convention No 142 concerning Vocational Guidance and 
Vocational Training in the Development of Human 
Resources, 1975 
8. Equal treatment for men and women 
- Convention No 156 concerning Equal Opportunities and 
Equal Treatment for Men and Women Workers: Workers with 
Family Responsibilities, 1981 
- Convention No 111 concerning Discrimination in Respect of 
Employment and Occupation, 1958 
- Convention No 103 concerning Maternity Protection 
(revised), 1952 
9. Information, consultation and participation of workers 
- Convention No 144 concerning Tripartite Consultations to 
Promote the Implementation of International Labour 
Standards, 1976 
10. Health protection and safety at the workplace 
- Convention No 155 concerning Occupational Safety and 
Health and the Working Environment, 1981 
1-1. Protection of children and adolescents 
- Convention No 138 concerning Minimum Age for Admission to 
Employment, 1973 
12. Disabled persons 
- Convention No 159 concerning Vocational Rehabilitation 
and Employment (Disabled Persons), 1983 
240 
13. Implementation of the Charter 
- Convention No 81 concerning Labour Inspection in Industry 
and Commerce, 1947 
Finally, reference should be made to the European Social Charter 
of the Council of Europe, which was ratified by Spain on 29 
April 1980. This guarantees the enjoyment, without 
discrimination, of the following basic rights: 
the r ight to work; 
the right to just conditions of work; 
the right to safe and healthy working conditions; 
the right to a fair remuneration; 
the right to organize-, 
the right to bargain collectively; 
the right to vocational guidance and training; 
the right of children and young persons to protection; 
the right of employed women to protection; 
the right to social security; 
the right to social and medical assistance; 
the right to benefit from social welfare services; 
the right of physically or mentally disabled persons to 
vocational training, rehabilitation and social resettlement; 
the right to engage in a gainful occupation in the territory 
of other Contracting Parties; 
the right of migrant workers and their families to 
protection and assistance. 
UNITED KINGDOM 
- 242 -
THE LABOUR MARKET 
Introduct ion 
The 1980s was a decade of great change in the structure of 
employment, much greater than that seen in the 1960s or the 1970s. 
This can clearly be seen by looking at employment in 1989 and 
comparing it with the situation in 1979. Five key points emerge: 
1) Substantlal employment growth 
At June 1990 the UK workforce in employment stood at 26.8 million, 
an all-time high and 1.5 million higher than in June 1979. 
2) Changing forms of employment 
Traditional patterns of employment are changing. There has been 
substantial growth in part-time work. Nearly a quarter of all Jobs 
are part-time. One in eight of the workforce in employment is now 
self-employed, compared with one in twelve in 1979. 
These and other moves away from old-style work patterns suit both 
employer and employee. Evidence suggests that people entering 
these jobs do so from choice rather than lack of opportunity. 
3) Changing Industrlal structure 
In common with most industrialized countries, the last decade has 
seen a decline in jobs in manufacturing. In contrast, the service 
sector has expanded rapidly, with total job growth of over 2 
million since 1979. This sector now accounts for two thirds of all 
employment, compared with three fifths in 1979. There has also 
been strong growth in the creation of new businesses. 
4) Changing occupâtional structure 
Equally significant have been changes in the occupational structure 
of employment. Between 1979 and 1989, the number of people 
employed in managerial and professional occupations has increased 
by nearly 2.2 million - they 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. 
5) More women in employment 
There has been a large increase in the number of women at work. In 
1979 the UK female workforce in employment stood at just over 10 
million - now it is almost 12 million. Women now account for 44% 
of the workforce. Nearly 60% of women employees work full-time, a 
figure which is little changed from the position in 1979. 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, such as part-time employment. 
- 243 -
Government policy towards the labour market 
Government policies towards the labour market have to reflect these 
changes. It is the UK Government's view that 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. This led to an all time high in the level of employment. 
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 
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. 
UK policies in the 1990s will reflect the key challenges of greater 
international competition and technological and demographic 
changes. Flexibility in the types of employment patterns, in 
training and in wages will be important objectives in meeting these 
challenges. 
The following sections outline UK employment and social policies. 
Many of the legislative provisions described satisfy or implement 
existing Community directives. The UK has an excellent record on 
implementation; a European Commission report in November 1990 
showed that the UK was the only Member State to have implemented 
all 18 directives so far agreed in the social area. 
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. 
- 244 -
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 is 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, 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 the 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. 
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. 
- 245 
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 debts owed by insolvent 
employers. 
In 1990/91 the Government made payments, totalling some 
UKL145m, under the redundancy and insolvency provisions to 
nearly 400 000 employees. 
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 37.7 hours, are the same as in France and Germany and 
only marginally higher than the EC average of 37.6, though 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 satisfied and only 9% dissatisfied. Levels of satisfaction 
are high among all main categories of workers, including part-
timers and those working longer than average hours. 
Wages 
Real incomes have increased for all income groups since 1979 (on 
average by 29% for males and 38% for females) and there are more 
people in the workforce than ever before. 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 
- 246 -
employment. The main cause of poverty is unemployment 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. 
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 they will stay with the employer who will train them and help 
them to develop their careers. 
The Government believe that making collective agreements should be 
a voluntary matter between the parties concerned. There is nothing 
in UK legislation which prevents employers, employer organizations, 
or worker organizations from negotiating and concluding such 
agreements. 
- 247 -
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. 
Disputes 
The industrial relations reforms pursued by the Government have led 
to the lowest number of stoppages for over 55 years, and the fewest 
days lost for ten years. 
Should a collective or individual dispute arise, the UK already has 
in place well-established provision for conciliation and 
arbitration for the 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 1990, ACAS dealt with 1 260 requests for collective 
conciliation, 52 071 for individual conciliation, and arranged 200 
arbitration and mediation hearings. 
If disputes cannot be resolved, nothing in UK law prevents any 
employee from choosing to take 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". 
- 248 -
A 1989 independent survey of foreign-owned firms showed that 96% 
believed that UK industrial relations have significantly improved. 
EMPLOYEE INVOLVEMENT 
The UK Government is firmly committed to the principle of employers 
informing and consulting their employees, and involving them in the 
businesses in which they work. 
There is no blueprint for successful employee involvement -
arrangements must be suited to each organization's particular 
circumstances. The UK Is opposed to the introduction of 
prescriptive legislation on consultation and participation. This 
would be at odds with the UK's voluntarist industrial relations 
tradition. 
The Government does however recognize that it has a role to play in 
promoting the voluntary development of employee involvement. It 
achieves this in four main ways: 
(i) Good company practice: the Government draws attention to and 
encourages the adoption of good company practice. 
(i') Specialist, business and professional organisations: the 
Government supports the initiatives of business, specialist 
and professional organizations. 
(iii) Research: the Government sponsors and supports a variety of 
research work on employee involvement. 
(iv) Financial participation.- the Government is convinced of the 
value - to employees and employers alike - of employees 
having a financial stake in the company in which they work. 
As shareholders, employees acquire a new type of interest in 
the company's success and receive information about its 
wider objectives and performance. Share schemes tend to 
make employees identify more with their company and its 
performance - and are usually associated with other employee 
i nvoIvement pract i ces. 
The Government has introduced a range of tax incentives for 
the establishment of financial participation schemes. The 
UK is in the forefront in Europe in encouraging financial 
involvement, and more schemes are being established all the 
time. Eleven of the last twelve Budgets presented by the 
Chacellor of the Exchequer have included tax incentives in 
this area. 
Nearly 2 000 all-employee share schemes have been registered 
to date. By the end of February 1991 there were 4 700 
discretionary share option schemes in operation. Also at 
end February 1991, 1 245 profit related pay schemes had been 
registered, covering 285 000 employees. 
249 
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. 
AM EC nationals, except those from Spain and Portugal, are 
entitled to enter and reside in the United Kingdom in order to seek 
or take paid employment, to engage in se If-employment or to provide 
or receive services for remuneration. The UK supported the 
regulation agreed at the Social Affairs Council on 25 June which 
will shorten the transitional period for Spain and Portugal. 
Individuals are not subject to any restrictions on the nature and 
type of activity of these kinds that they may engage in (except 
insofar 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. 
The Directive was implemented for teachers in autumn 1989 and since 
then 1 698 teachers from the Community have been granted qualified 
teacher status allowing them to teach in the UK. 
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 co-operation within 
higher education. Within ERASMUS the European Credit Transfer 
Scheme (ECTS) promotes credit transfer between Member States. It 
requires higher education institutions across the EC to accord full 
credit for academic work undertaken by participating students. 
VOCATIONAL TRAINING 
The overall UK aim is to develop systems which enable 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, six major priorities for training and 
enterprise in the 1990s have recently been set. These are: 
employers must invest more effectively in the skills their 
businesses need; 
- 250 -
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 
abiIit ies 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. 
Systems enabling these priorities to be met which are 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; 
a national framework of National Vocational Qualifications, 
based on standards of competence defined by lead bodies 
representing sectors of industry and commerce, will ensure 
training is relevant to the needs of the Job and help 
progression by individuals. 
The UK Government is planning to spend over UKL2.7 billion on 
training, enterprise and vocational education in 1991/92 - two and 
a half times more in real terms than in 1978/79. Employers, who 
have the prime responsibility for training, are estimated to spend 
around UKL20 billion a year on training and development. Over 85% 
more employees received training in the spring of 1990 than in a 
similar period six 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 our equal opportunities policies are 
work ing. 
- 251 
Nearly half the civilian workforce in employment is women, the 
second highest participation rate for women in western Europe-, at 
12 million, there are more women in employment than in any western 
European country. The UK is the only EC country where the 
unemployment rate for women is lower than for men, and there are 
far more women than ever before in managerial and professional 
occupations and training for the professions, e.g. a quarter of all 
doctors, dentists, opticians, solicitors, barristers and veterinary 
surgeons in the UK are now women. 
The Legal Framework 
The UK has an extensive legal framework to combat sex 
discrimination generally; in the employment field in particular the 
Equal Pay Act 1970 provided for equal pay when a man and a woman 
working for the same or an associated employer were doing like work 
or broadly similar work or work judged to be equal by a Job 
evaluation study. It was significantly extended by the Equal Pay 
(Amendment) Regulations 1986 to provide also for work of equal 
value. Women's average hourly earnings relative to men's, 
currently at an all time high, have increased from less than two 
thirds in 1970 when the UK's Equal Pay Act was introduced to over 
three quarters in 1990. 
The Sex Discrimination Act 1975 covers a wide range of areas of 
life which directly and indirectly affect equality of opportunity 
for women in employment. It makes sex discrimination in the fields 
of employment, education and the provision of goods, facilities, 
services and premises generally unlawful. It also makes 
victimization and a wide range of other acts unlawful including 
advertisements and aiding unlawful acts. The Act also allows for 
positive action in certain circumstances, for example in relation 
to aspects of training, and as regards elected executive positions 
in trade unions, but not positive discrimination. Our law also 
deals with those who suffer from sexual harassment and provides 
protection against any victimization. 
Complaints are heard by industrial tribunals. The UK has 
implemented three Community directives dealing with equal treatment 
in employment. 
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. 
- 252 -
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-traditional 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. 
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 
It is for families to decide whether mothers should take paid work 
outside the home and if so on what basis. However, the Government 
recognizes the importance of flexible working hours, flexible 
working practices and good quality childcare for working parents. 
It is expected that in the UK, 95% of the growth in the labour 
force in the next decade will be amongst women. Employers are 
increasingly offering hours and patterns of work to facilitate this 
development. 
There has also been marked progress in childcare provision. Tax 
reforms in 1990 now allow employees tax relief on benefits paid by 
the employer with regard to childcare. A diversity and variety of 
childcare provision has developed over the years with vital 
contributions from the voluntary sector and the private sector. 
This pattern provides a sound basis for future development. 
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. 
- 253 -
UK health and safety legislation is based on the premise that 
everyone concerned with work (employers, employees, the self-
employed, etc.) must co-operate 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 recent report by 
the European Commission 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. 
UK health and safety standards are among the highest in the 
Community. This was borne out by a recent HSE study which showed 
that British accident statistics compare favourably in most 
respects with those of the largest EC partners. 
SPECIAL GROUPS 
I. Young people 
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 (16-19 year olds) 
have fewer accidents than employees generally. 
The minimum age for ful l-t ime 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 
254 -
children and young people now have choices that did not exist a 
generat ion 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, "Education 
and Training for the Twenty-First Century". The key policies set 
out in this are: 
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 TECs 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. 
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 
16-17 are entitled to be offered entry to a suitable YT programme 
and to receive such training. 
Some 350 000 young people are currently in training, compared with 
the 6 000 young people who were benefiting from Government training 
programmes in 1978. The proportion of 16 year olds in 
- 255 -
part-time or full-time education or training in 1988 was over 90%. 
For 16-18 year olds the percentage was 69%, 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 Coucils 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. 
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. 
Decisions affecting the effectiveness of employment and training 
provision for people with disabilities will shortly be taken 
following consideration of the outcomes on two wide-ranging 
consultation exercises undertaken in 1990. 
Benefits 
The UK provides a wide range of state benefits for the sick and 
disabled at a cost of UKL11.95 billion per year (1991/92 estimate). 
This is complemented by a we I I-developed system of occupational 
benefits. Help with income maintenance is provided through both 
contributory and non-contributory benefits. Increases in non-
contributory benefits introduced in December 1990 concentrate 
additional money on those disabled from birth or who became 
incapable of work early in life. Help is also provided with the 
extra cost of disability through contributory benefits, Attendance 
Allowance and Mobility Allowance. Recent surveys have shown these 
to be a very effective means of helping over 1 million severely 
disabled people. 
- 256 -
In recent years the UK has improved the framework of benefits for 
disabled people so that it is more in tune with their needs and 
circumstances. A new extra cost benefit, Disability Living 
Allowance is to be introduced from April 1992 to extend the help 
currently available. At the same time a second new benefit, 
Disability Working Allowance, is to be introduced to promote the 
independence of disabled people by helping those who wish to work 
do so. 
III. Elder I y people 
The UK Government provides a retirement pension to all women over 
60 and men over 65 who have satisfied a minimum contributory 
requirement over their working life. Uniquely, it may also provide 
women with a pension based wholly or partly on their present, 
former or late husband's contributions if this gives them a more 
valuable pension than one based on their own contributions. 
Furthermore, an additional pension may be paid, conditional on the 
level of certain earnings received since 1978; extra payments are 
made to those pensioners who are over 80, and an increase in 
pension may also be granted to those who support another adult or 
who have dependent children. The Government is pledged, and is 
statutorily required to increase retirement pension every year in 
line with prices so that it maintains its value. The Government 
has been committed in principle to the equalization of pension ages 
for some time, but this is a complex issue and proposals can be 
brought forward only when the economic assumptions, demographic 
factors and people's expectations for retirement have been fully 
considered. 
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 
pensionable age who still has inadequate resources may claim Income 
Support, Housing Benefit and Community Charge Benefit. Higher 
levels of Income Support are available for elderly people in 
nursing homes. 
The average net income of those over pension age rose by 31% 
between 1979 and 1987, with half of all pensioner couples and 
single pensioners in receipt of an occupational pension from a 
previous employer. Occupational pensions accounted in 1987 for one 
fifth of pensioners' average incomes. Pensioners' real income 
increased faster than the rest of the population from 1979 to 1987. 
SOCIAL PROTECTION 
The general aim of the UK social protection system is to provide an 
efficient and responsive system of financial help with due regard 
to the wider economic and social policies. The structure has 
enabled resources to be directed effectively towards those most in 
need, encouraging independence and providing incentives to return 
to the labour market. A national scheme of social assistance 
provides a guaranteed adequate income, without time restriction, to 
- 257 -
all groups including the elderly, sick lone parents and the 
unemployed. Annual social security expenditure has increased by 
UKL17 billion over the last ten years to UKL55.9 billion in 
1990/91. 
Contr ibutory benefits to cover periods of maternity, sickness and 
unemployment are provided for workers or those with recent 
employment records; non-contr ibutory benefits provide financial 
help for the severely ill or disabled (including those disabled as 
a result of an accident at work) and carers of the sick and 
disabled. Income Support provides an adequate income for those not 
in full time work. It directs help to those identified as having 
extra need with higher amounts for families, lone parents, the 
elderly, the sick and disabled. Over 4 million people receive 
Income Support. 
Within the last two years there have been a number of initiatives. 
They include a substantial increase in income support for 
pensioners over and above normal annual upratings, at a cost of 
UKL300 million and a new addition for carers introduced in October 
1990. 
Family Credit supplements low earnings where there are children in 
the family (including lone-parent families) and provide an 
incentive to return to the labour market. The Government has 
announced proposals to reduce the qualifying hours, extending 
eligibility to a whole new range of people. It represents a major 
advance, unmatched in Europe, providing a vital link between 
relying on benefits and returning to (and remaining in) work. The 
transition to work has been made easier by assessing eligibility 
for benefits on net rather than gross income, so people are no 
longer worse off owing to withdrawal of benefit when earnings 
increase. 
Housing Benefit helps with housing costs and local taxes for those 
on income support or an equivalent income level from other sources. 
ANNEX 
- 259 -
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 appiIcation of the Charter by the Member States 
and by the European Community. 
- 260 -
FREEDOM OF MOVEMENT 
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 ? 
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 
nat ionaIs ? 
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 
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 ? 
Are there any legislative or agreement-based provisions, 
practices or Judgements to guarantee fair remuneration for 
workers ? 
- 261 -
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 ? 
Under what conditions does an individual have access to public 
placement services free of charge ? 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS 
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 
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 ? 
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 ? ? 
- 262 -
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 
Join such organizations without suffering any personnal or 
occupational damage ? 
12. What are the procedures for negotiating and concluding 
collective agreements ? 
Are there any obstacles preventing employers or employers' 
organizations and workers' organizations from négociâting 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 
industr iaI 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 ? 
- 263 -
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 7 
-. 264 -
With regard to health and safety, is there any provision 
for worker participation in decision-making, and what are 
the procedures ? 
PROTECTION OF CHILOREN 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 7 
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 7 
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 7 
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 7 
What are the basic procedures 7 
DISABLED PERSONS 
26. What concrete measures are there to facilitate the social and 
occupational integration of the disabled 7 
- 265 -
IMPLEMENTATION OF THE CHARTER 
27. How are the fundamental social rights contained in the Charter 
guaranteed 7 
ANNEXE II 
Initiative Adoption and progress 
in the Comnission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
THE LABOUR MARKET 
Employment in Europe' report 
'Observatory' and documentation 
system on employment 
- NEC Network of Employ. Co­
ordinators 
- MISEP - Mutual Inform. System on 
Employ. Policies 
- SYSDEM 
European System of Docum. on 
Employment 
Action programmes on employment 
creation for specific target groups 
- ERGO 
Action Prograrrme for the long-term 
unemployment 
- LECA 
Local Employ. Develop. Act. Progr. 
- SPEC 
Support Progr. for Employ. Creation 
- ELISE 
European Info. Network on local 
Employ. Initiative 
Monitoring and evaluation of the 
activities of the European Social 
Fund 
- Annual Report 
Revision of Part II of Regulation 
1612/68 on the clearance of vacancies 
and applications for employment and 
the related procedural decisions 
(SEDOC) 
(legal basis: Art. 49) Every year a Report: 
June 1990, July 1991, 
1st meeting 6 April 
1990 
launched in 1982 
launched in October 
1989 
three year programne 
1989-1991 
launched in 1986; at 
present third phase 
(1990-1993) 
scheduled for 3 yrs (at 
the request of the EP) 
from 1990-1992 
set up in January 1985 
scheduled for Dec. 
Adopted by the CCM 
5.9.1991 - OCM (91) 316 
final under discussion 
Ini tiative Adoption and progress 
in the Conmission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
EMPLOYMENT AND REMUNERATION 
Opinion on the introduction of an 
equitable wage by the Member States 
Directive on contracts and employ­
ment relationships other than full-
time open-ended contracts (atypical 
work; 3 proposals) 
- Working condit. 
(legal basis: Art. 100) 
distortions of competition 
(legal basis: Art. 100A) 
health and safety 
(legal basis: Art. 118A) Adoption by Conmission 
is scheduled for 
December 
OCM( 90)228/1 
29.6.90 OJ 
8.9.1190 final of 
C 224, 
Proposal CCM(90)228/II 
final of 29.6.90 OJ C 
224, 8.9.1990. Anended 
proposal :CQn( 90)533/1 
final OJ C 305, 
5.12=1990 
Proposal <XM(90)228/II 
final of 29.6.90 OJ C 
224, 8.9.1990 Opinion OJ C 332, 
31.12.1990 
Opinion OJ C 
31.12.1990 332, 
jOpinion OJ C 
31.12.1990 332, Opinion OJ C 324, 
24.12.1990 (rejects 
the legal basis 
chosen by the OCM. ) 
Opinion: 
reading OJ 
26.11.1990 first 
C 295, 
Opinion: first 
reading : OJ C 295, 
26.11.1990 second 
reading : given in 
May 1991 under discussion 
under discussion 
Final adoption on 25 
June 1991 
Initiative Adoption and progress 
in the Conmission Progress 
in the ESC Progress 
in the EP Progress in 
the Counc i1 
IMPROVEMENT OF LIVING AND WEKINS 
OCNDITICNS 
Directive for the 
working time (118A) adaptation, of 
Council Directive on the introduction 
of a form to serve as proof of an 
employment contract or relationship 
(100) 
Revision of the Council Directive of 
17 February 1975 (75/129/EEC) on the 
approximation of the Member States 
pertaining collective redundancies 
Memorandum on the social integration 
of migrants from non-member countries Proposal: OCM(90)317 
final of 5.12.90, OJ C 
254 9.10.1990 
Amended proposal : 
OCM(9l) 130 final of 
23.4.1991 
Proposal: ŒM (90) 563 
final of 8.1.91, OJ C 
24, 31.1.1991 
Adopted by the CCM on 
18.9.1991 
Adopted by the ŒM in 
Sept. 1990 (SEC (90) 
1813 final) Opinion OJ 
8.3.1991 C 60, 
Opinion: given 
April 1991 in Opinion : 
reading OJ 
18.03.1991 first 
C 72, 
Opinion given 
July 1991 in under discussion 
Final adoption by 
Counc il on 
14.10.1991, OJ L 288 
of 18.10.1991 
Initiative Adoption and progress 
in the Conmission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
FREEDOM OF MOVEMENT 
Revision of Conmission Regulation Depends on the adoption) 
(EEC) No 1251/70 of 29.6.1970 on the 
right of workers to remain on the 
territory of a Member State after 
having been employed in that State 
Proposal for a regulation extending 
Council Regulation (EEC) N° 1408/71 
on the application of social security 
schemes to employed persons, to 
selfemployed persons and to members 
of their families moving within the 
Cccmunity and Council Regulation 
(EEC) N° 574/72 (laying down the 
procedure for implementing Regulation 
N° 1408/71 ) to all insured persons 
(51 & 235) 
Proposal for a Conmunity instrument 
on working conditions applicable to 
workers from another State performing 
work in the host country in the 
framework of the freedom to provide 
services, especially on behalf of a 
subcontracting undertaking (Art. 57 
& 66) 
Proposal for a Conmunity instrument 
on the introduction of a labour 
clause into public contracts 
Conmunication on supplementary social 
security schemes of the revision of part 
I of Regulation 1612/68 
To be adopted by 
OCM in Dec. 1991 the 
ŒM (91) final 
August 1991; of 1 
The subject of this 
instrument is dealted 
within the above 
proposal 
Conmunication SEC (91) 
1332 final of 22.7.91 18.9.1991 1st 
meeting study group 
under discussion Discussion started under discussion 
Initiative Adoption and progress 
in the Commission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
SOCIAL PROEBCTICN 
Recommendation on social protection: 
convergence of objectives 
Reccmnandation on common criteria 
concerning sufficient resources and 
social assistance in the social 
protection systems 
FREEDCM OF ASSOCIATICN AND COLLECTIVE 
BARGAINING 
Conmunication on the role of the 
social partners in collective 
bargaining 
INFCRMTION, 
PARTICIPATION CONSULTATION Am 
European Wforks Council 
Reccmnandation of 
equ i tysha r i ng and 
participation by workers the Counc i1 
financial Proposal :CCM (91) 
final of 26.6.1991 228 
Proposal : (XM (91) 161 
final of 13.5.91, OJ C 
163, 22.6.1991 
Conmunication is 
scheduled for Dec. 1991 
Proposal: ŒM (90) 581 
final of 25.1.91, OJ C 
39, amended proposal to 
be transmitted to the 
Counc i1. 
Adopted on 10.7.91 by 
the Conmission; COM 
(91) 259 final of 
3.9.91 under discussion 
Opinion 
6.5.1991 OJ C 120, Opinion: given 
July 1991 
under discussion in under discussion 
Discussion started 
under discussion 
Initiative Adoption and progress 
in the Commission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
BQCKL TOEA1MENT FOR MEN AND WMEN 
Directive on the protection 
pregnant women at work of 
3rd Cty programme 
opportunities for women on equal 
Recommendation concerning child care 
Recommendation concerning a code of 
good conduct on the protection of 
pregnancy and maternity Proposal: CCM(90) 406 
final of 17.10.90, 
decision: 11.09.90, OJ 
C 281, 9.11.1990. 
Anended proposal: 
OCM(90) 692 final OJ C 
25, 1.2.91 
OCM (90) 
6.11.1990 449 final, 
Proposal: OCM (91) 233 
final of 28.8.1991 
Proposal will be 
presented after the 
adoption of the common 
position concerning the 
protection of pregnant 
women at work Opinion: OJ 
18.2.1991 C 41, 
1st study group 
meeting on 20.9.1991 Opinion: 1st reading 
in Dec. 1990, OJ C 
19, 28.01.1991 
Opinion given in 
November plenary 
session 1991 Adoption of common 
position scheduled 
for Council on Dec 
3, 1991 
Council Resolution 
of 21.5.1991 OJ C 
142, 31.5.1991 
On the agenda of 3rd 
December Council. 
Ini tiative Adoption and progress 
in the Conmission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
VOCATIONAL TRAINING 
Proposal for a Community instrument 
on access to vocational training 
Updating of the 1963 proposal for a 
Council decision on the general 
principles for implementing a common 
vocational policy 
Communication on the rationalization 
and coordination of vocational 
training programmes at Community 
level 
Proposal concerning the joint 
progratrm for the exchange of young 
workers and youth exchanges early 1992 
spring 1992 
Adopted by OCM the 
21.8.1990 OCM (90) 334 
final 
OCM (90) 467 of 
15.10.90, OJ C 322 of 
21.12.90 Council decision 
adopted the 25.06.91 
Initiative Adoption and progress 
in the Commission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
HEALTH PROTECTION AND SAFEIY AT THE 
WXKPLACE 
Proposal for a Council Directive on 
the minimum health and safety 
requirements to encourage improved 
medical assistance on board vessels 
Proposal for a Council directive on 
the min. health and safety 
requirements for work at temporary or 
mobile work sites (Art. 118A) 
Proposal for a Council directive on 
the minimum requirements to be 
applied in improving the safety and 
health of workers in the drilling 
industries (118A) 
Proposal for a Council Directive on 
the minimum requirements to be 
applied in improving the safety and 
health of workers in the quarrying 
and open-cast mining industries 
(118A) 
Proposal for 
the min. 
requirements 
(118A) a Council Directive on 
safety and health 
for fishing vessels Proposal: CCM(9l) 272 
final OJ C 183, 
27.04.90. 
Anended proposal: 
OCM(9l) 65 final 
OJ C 74 r 20.03.91 
Proposal: OCM(90) 275 
final SYN 279; OJ C 
213, 28.8.90; amended 
proposal: CCM(9l) 117 
final, decision: 9.4.91 
OJ C 112, 27.4.91 
Proposal: OCM(90) 663 
final, 
decision: 19.12.90 OJ C 
32, 7.2.91 
To be adopted by the 
OCM in December 1991 Opinion: 
21.12.90 OJ C 3323, 
Opinion: 
20.03.91 given on 
Opinion: OJ C 191, 
22.7.91 
To be adopted by 
the OCM in December 
1991 Opinion: 
reading OJ 
25.2.91, 
reading: 
delivered 
November 
1991 first 
C 48, 
second 
opinion 
in 
plenary 
Opinion, 1st reading 
OJ C 72, 18.3.91 
Opinion: 1st reading 
given in the plenary 
session October 1st, 
91 Common position 
adopted on October 
1st, 1991 
Adoption scheduled 
for the Social 
Affairs Council 
meeting on 3.12.91 
under discussion 
Initiative Adoption and progress 
in the Conmission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
PROTECTION 
ADOLESCENTS OF CHILDREN AND 
Council Directive on the 
approximation of the laws of the 
Member States on the protection of 
young people (118A) 
THE ELDERLY 
Conmunication and proposal for 
Decision concerning the elderly 
THE DISABLED 
Proposal for a Council Decision 
establishing a 3rd Community action 
programme for disabled people 
(HELIOS) for the period 1992-1996 
Proposal for a Council Directive on 
the introduction of measures aimed at 
promoting an improvement in the 
travel conditions of workers with To be adopted by the 
OCM in December 1991 
Communication of the 
Commission and proposal 
for a decision 
proposai: CCM(90) 80/1 
final of 24.4.90 
Adopted by the COM on 
September 2, 1991, 
OCM(9l) 350 fin. of 
23.10.91 
Proposal 
16.3.91 OJ 68, Opinion on the 
decision: OJ C 225, 
10.9.1990 Opinion 
decision: 
12.11.90 on the 
OJ C 285, 
jRaporteur 
J18.9.1991 named on 
Opinion: OJ 
of 22.7.91 C 191, 1st reading in 
November plenary 
1991 Adopted by the 
Council on 26.11.90 
OJ L 28, 2.2.91 
under discussion 
Initiative Adoption and progress 
in the Commission Progress 
in the ESC Progress 
in the EP Progress in 
the Council 
Recommendation to the Member States 
on the adoption of a European 
schedule of industrial diseases 
Proposal for a Council Directive on 
the minimum requirements for safety 
and health signs at the workplace 
(118A) 
Proposal for a Council Directive on 
the min. safety and health 
requirements regarding the exposure 
of workers to the risks caused by 
physical agents (118A) 
Proposal for a Council Directive 
amending Directive 83/447/EEC on the 
protection of workers from the risks 
related to exposure to asbestos at 
work (118A) 
Proposal for a Council Directive on 
the nu^irnum safety and health 
requirements for activities in the 
transport sector (118A) 
Council Regulation for the 
establishment of a safety, hygiene 
and health agency (235) Commission recommenda­
tion 90/326/EEC, 
22.5.90, OJ L 160, 
26.6.90 
Proposal: CCM(90) 664| 
final, decision: 
19.12.90, OJ C 53, 
28.2.91 
To be adopted by the 
OCM in December 1991 
Proposal: OQM(90) 184 
final 12.6.90 
Amended proposal: 
CCM(90) 539 final, 
6.11.90 
To be adopted by the 
OCM in december 1991 
OCM(90) 564 final OJ C 
271, 16.10.91 Opinion: given 
24 April 1991 on 
Opinion: OJ 
31.12.90 C 332, Opinion: 1st reading 
given in July 1991 
Opinion: 1st reading 
OJ C 284, 12.11.90; 
2nd reading: OJ C 
129, 20.5.91 On the agenda of 3rd 
December Council 
Final adoption on 
25.6.91, OJ L 206, 
29.7.91 (91/382/EEC) 

ISSN0254-U75 
COM (91) 511 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-91-573-EN-C 
ISBN 92-77-78566-7 
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