EN Official Journal of the European Union CE 84/628

(2004/C 84 E/0706)

WRITTEN QUESTION E-0558/04

by Proinsias De Rossa (PSE) to the Commission

(26 February 2004)

Subject: Directive on individual dismissals

What action has the Commission taken in response to paragraph 7(d) of the European Parliament's resolution (P5-TA(2003)0369) of 3 September 2003 on implementing the social policy agenda which urged the Commission to draft a Directive on individual dismissals?

Joint answer

to Written Questions E-0552/04, E-0553/04, E-0554/04, E-0555/04, E-0556/04, E-0557/04 and E-0558/04

given by Mr Dimas on behalf of the Commission

(19 April 2004)

The Social Policy Agenda provides the roadmap for action in the fields of employment and social policy covering the period 2000-2005. It is based on the Commission Communication (1) and the political orientations adopted by the Nice European Council of December 2000.

In particular, further to the request by the Parliament, the Commission presents annually an overview of achievements in a scoreboard, outlining the state of play with regard to the implementation of the agenda. This allows a precise monitoring of initiatives and enhances transparency on policy action.

In this context, the Parliament called in its resolution of 3 September 2003 (TA(2003)369) upon the Commission to take action on a wide number of specific requests, several of which the Commission has addressed in the meantime.

With respect to the specific points identified by the Honourable Member, the position of the Commission is as follows:

— As to a new initiative called for by the Parliament to define at European level the right to take collective action, particularly the right to strike, the Commission wishes to reiterate that the EC Treaty specifies in Article 137-5 that the social provisions of Article 137 of the EC Treaty do not apply to the right to strike.

— As to the request for a proposal of a Directive on individual dismissals, the Social Policy Agenda foresees already that the topic of individual dismissal should start being examined in 2004. The Commission is preparing therefore the launch of a comparative study on this issue.

— With regards to the revision of the pregnant workers' Directive (2) concerning the duration of maternity leave, the Commission does not intend to propose to revise the Directive in this sense. Member States may, however, provide for longer periods of maternity leave as the Directive sets minimum requirements only.

— The issue of paternity leave is addressed by Directive 2002/73/EC (3) (amending Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women): recital 13 to this Directive refers to the Resolution of 29 June 2000, which encouraged the Member States to consider examining the scope for their respective legal systems to grant working men an individual and untransferable right to paternity leave, while maintaining their rights relating to employment. The recital stresses that it is for the Member States to determine whether or not to grant such a right and also to determine any conditions, other than dismissal and return to work, which are outside the scope of this Directive. The new Article 2(7) (of Directive 76/207/EEC as introduced by Directive 2002/73/EC) provides that the Directive shall be ‘without prejudice to the right of Member States to recognise distinct rights to paternity and/or adoption leave’. The Commission does not at present envisage new proposals in this area.

— As to work on illiteracy and social exclusion, the Commission has integrated these points within both its education and training agenda as well as in the social inclusion process. There is a significant body of results of analysis available, and the priority is given to transpose this knowledge into concrete policy measures through the existing instruments.

— On the call for a Directive on social protection for new forms of work, the Commission wishes to highlight that within the open method of co-ordination on social protection the issue of social protection with regards to new forms of work is being addressed. This also contributes to the follow-up to the Directives on part-time work (4) and fixed-term work (5), both stemming from agreements by the social partners, in which the issue of developing social protection systems capable to adapting to new patterns of work and of providing appropriate protection to people engaged in such work was highlighted as a matter to be addressed by the Member States.

— As to musculoskeletal injuries at work, the Commission has incorporated the theme of new occupational risks into the occupational health and safety strategy for the period 2002-2006 as a policy priority. Specific action on musculoskeletal injuries is planned to be launched in 2004.

(1) COM(2000)379.

(2) Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, OJ L 348, 28.11.1992.

(3) Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, OJ L 269, 5.10.2002.

(4) Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, OJ C 14, 20.1.1998.

(5) Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, OJ L 175, 10.7.1999.