No C 305/8 Official Journal of the European Communities 5. 12. 90 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Directive on certain employment relationships with 
regard to distortions of competition (') 
COM(90) 533 final — SYN 280 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 7 November 
1990) 
(90/C 305/06) 
(') OJ No C 224, 8. 9. 1990, p. 6. 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Proposal for a Council Directive on certain employment 
relationships with regard to distortions of competition 
Whereas it is necessary to adopt the measures intended 
to establish the internal market progressively during a 
period expiring on 31 December 1992; whereas 
completion of the internal market requires, inter alia, the 
elimination of distortions of competition and at the same 
time promotion of economic and social cohesion in the 
Community; Proposal for a Council Directive relating to certain 
employment contracts and employment relationships 
involving distortions of competition 
Whereas, pursuant to Article 8a of the Treaty, it is 
necessary to adopt the measures intented to establish the 
internal market progressively during a period expiring on 
31 December 1992; whereas completion of the internal 
market requires, inter alia, the elimination of distortions 
of competition and at the same time promotion of 
economic and social cohesion in the Community; 
Recital 2 
(new) 
Whereas the same Article lays down the objectives of 
establishing a market without frontiers in which the free 
movement of goods, persons, services and capital is 
ensured; 
Recital 4 
(new) 
Whereas Article 88 of the Treaty enables the 
Commission to make proposals determining the 
guidelines and conditions necessary for establishing the 
internal market and ensuring balanced progress in all the 
sectors concerned; Recital 2 becomes Recital 3 First Recital 
5. 12.90 Official Journal of the European Communities No C 305/9 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Recital 5 
(new) 
Whereas, in addition, Article 100a allows the Council, 
acting by a qualified majority, to adopt the measures for 
the approximation of the provisions laid down by law, 
regulation or administrative action which have as their 
object the establishment and functioning of the internal 
market; 
Recital 3 becomes Recital 6 
Recital 4 becomes Recital 7 
Whereas this situation increases the dangers of 
distortions of competition resulting from certain 
differences in treatment between undertakings of the 
Member States; Whereas this situation increases the distortions of 
competition resulting from certain differences in 
treatment between undertakings of the Member States; 
Recital 5 becomes Recital 8 
Recital 6 becomes Recital 9 
Whereas the freedom of movement of workers may be 
affected thereby; Whereas the freedom of movement of workers is 
affected thereby; 
Recital 10 
(new) 
Whereas the Member States must involve the two sides 
of industry in achieving the objectives set out in this 
Directive; 
Recital 7 becomes Recital 11 
Recital 8 becomes Recital 12 
No C 305/10 Official Journal of the European Communities 5. 12. 90 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Whereas the Member States are responsible for deter- Whereas subject to legal provisions or collective wage 
mining pay; whereas the bargaining autonomy of the agreements the level of pay shall be determined by 
two sides of industry should be respected; agreements between the contracting parties; 
Recital 13 
(new) 
Whereas the growth in unprotected work is a major 
feature of the past decade; 
Recital 9 becomes Recital 14 
Recital 10 becomes Recital 15 
Recital 16 
(new) 
Whereas there are major differences between the regu­
lations of the different countries and these differences, 
which can have a direct impact on the functioning of the 
market, should be reduced; 
Recital 11 becomes Recital 17 
Recital 12 becomes Recital 18 
Recital 19 
(new) 
Whereas this Directive based on Article 100a aims to 
reduce distortions of competition between undertakings 
if they make use to a greater or lesser extent of certain 
forms of employment which are regulated in different 
ways in the different Member States; whereas it is 
therefore without prejudice to the right of the Member 
States to take across-the-board measures under their 
social policies to improve the protection of workers; 
Article 1 
Paragraphs 1 and 2 unchanged 
3. This Directive shall not apply to employees whose 3. This Directive shall not apply to employees whose 
average weekly working time is less than eight hours. average weekly working time is less than eight hours. 
This working time shall be calculated on the basis of the 
probable duration of the employment or, a posteriori 
taking into account all periods worked during the 
previous six months. 
5. 12. 90 Official Journal of the European Communities No C 305/11 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Articles 2 and 3 unchanged 
Article 4 
"With regard to temporary employment Member States 
shall take the necessary measures to ensure that: 
(a) national laws provide for a limit on the renewal of 
temporary employment relationships of a duration of 
12 months or less for a given job so that the total 
period of employment does not exceed 36 months; 
(b) provision is made for a form of an equitable 
allowance, in the event of an unjustified break in the 
employment relationship before the term fixed. With regard to temporary employment Member States 
shall take the necessary measures to ensure that: 
(a) the constitution of a temporary employment 
relationship shall not be allowed to replace any 
existing permanent job; 
Paragraphs (a) and (b) become paragraphs (b) and (c) 
Articles 5 and 6 unchanged 
Article 7 
(new) 
The Member States shall, within a period of two years 
from the expiry of the period laid down in Article 6, 
forward to the Commission all the information it 
requires to draw up a report, to be submitted to the 
Council and the European Parliament, on the implemen­
tation of this Directive. 
Article 8 
(new) 
The Commission shall submit to the European 
Parliament, the Council and the Economic and Social 
Committee a regular report on the implementation of 
this Directive, having regard to Articles 6 and 7. 
Article 7 becomes Article 9