EN Official Journal of the European Union CE 78/114

(2004/C 78 E/0116)

WRITTEN QUESTION E-2450/03

by Marco Cappato (NI) to the Commission

(23 July 2003)

Subject: Infringement by the Salerno Chamber of Commerce of legislation on fixed term employment contracts

In Italy, the conclusion of fixed-term employment contracts is governed by Legislative Decree No 368 of 6 September 2001 (implementing Directive 1999/70/EC (1)).

The Salerno Chamber of Commerce, a public authority under the supervision of the Italian Ministry of Production Activities by virtue of Article 4 1. 1993/580- has, for over ten years now, been inviting applications for one-year ‘educational grants’.

It could be said that this grant system is purely and simply part of the black economy, since the ‘grant recipients’ are required to work without any social security cover for 36 hours a week (the same hours, under the national collective labour contract, as Chamber of Commerce employees) and to perform exactly the same tasks as regular employees and auxiliary staff (to the exclusion of any research and study activities).

This year, the ten ‘grant recipients’ taken on referred this matter, by recorded delivery letter of 5 April 2003, to the Salerno Labour Inspectorate, which is an integral part of the Italian Ministry of Labour and Social Policies. Three months down the line, this body has still to report the results of any enquiries it has conducted in relation to this year or previous years.

Article 136 of the EC Treaty provides that The Community and Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed in Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social dialogue...'.

Article 211 of the EC Treaty provides that‘... the Commission shall ensure that the provisions of this Treaty... are applied’.

What initiatives will the Commission pursue to induce Italy to take steps to detect and penalise any abuses that may have been committed by the Salerno Chamber of Commerce?

What other initiatives will it take to guarantee the impartiality of the bodies appointed to police abuses of labour law in cases involving the public authorities themselves?

Finally, what initiatives will the Commission take to verify that it is not standard procedure for the public authorities to use ‘educational grants’ to circumvent legislation on fixed-term contracts?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 August 2003)

The Honourable Member refers to Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (2).

This Directive lays down a principle of non-discrimination as regards employment conditions for fixed-term workers compared to permanent workers. The Directive does not define a ‘worker’, but refers to the definition made by law, collective agreements or practice in each Member State. Furthermore, the Member State can provide that the Directive should not apply to initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly-supported training, integration and vocational retraining programme.

If grant recipients believe they should be considered as workers according to Italian law or practice, they must therefore bring the matter before a competent Italian authority.

(1) OJ L 175, 10.7.1999, p. 43.

(2) OJ L 175, 10.7.1999.