Proposal for a Council Directive concerning the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC
Date: 1997-07-23
Institutions: European Commission
Subjects: framework agreement, labour market, occupational health, part-time employment, temporary employment

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  23.07.1997 
COM(97) 392 final 

97/0221  (PRT) 

Proposal  for a 

COUNCIL  DIRECTIVE 

CONCERNING THE FRAMEWORK AGREEMENT ON 

PART-TIME WORK 

CONCLUDED BY UNICE, CEEP AND THE ETUC 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Introduction 

1.  The  importance  of  new  forms  of  flexible  working,  especially  part-time  work,  has 
increased  substantially  over  recent  years,  and  the  trend  continues  on  national 
employment markets. 

2.  On 29 June  1990, the Commission submitted three proposals for  Council  Directives 

on certain employment relationships (e.g. part-time and temporary work)1. 

3.  The  Economic  and  Social  Committee  gave  its  opinion  on  20.9.19902,  while  the 
European  Parliament  gave  its  opinion  on  24.10.19903.  In  accordance  with  Article 
149 of the Treaty, the  Commission  submitted  an amended  proposal4 to the  Council 
on 7.11.1990, incorporating certain of the amendments suggested by Parliament. 

4.  These  proposals  were  subsequently  discussed  within  the  Council  on  various 
occasions  between  1990  and  1994. Of the  three  proposals,  only  Council  Directive 
91/383/EEC "supplementing  the measures to encourage  improvements  in the  safety 
and  health  at  work  of  workers  with  a fixed-duration  employment  relationship  or a 
temporary employment relationship"5 was ever adopted. 

5. 

In July  1994, the  Commission published  its White Paper on the future  of European 
social policy, in which the Commission reaffirms  its determination to make progress 
in the social policy  field  and indicates, in Chapter III, that the highest priority  must 
be to  ensure that  the proposals  on  atypical  work  are adopted  by the  Council:  "The 
measures adopted  will need to take account of the principles of the ILO Convention 
on part-time work  adopted  in June  1994. If no progress can  be made in the Council 
on  the  basis  of  the  current  proposals  by  the  end  of  1994,  the  Commission  will 
initiate consultations with the social partners under the Agreement on social policy." 

6.  The conclusions of the Essen European Council emphasised the need to take steps to 
improve the employment  situation  and equality  of opportunity  for  men and  women, 
and  called  for  measures  aimed  at  "increasing  the  employment-intensiveness  of 
growth,  in  particular  by  more  flexible  organisation  of work  in  a way  which  fulfils 
both the wishes of employees and the requirements of competition". 

1 

</OM(90) 228 final, 29.6.19%; OJ C 224, 8.9.1990, p. 8. 

:  O.IC332, 31.12.1990, p. 167. 

•]  OJC  295, 26.1 1.1990, p.  112. 

4  COM(90) 533 final; OJC  305, 5.12.1990, p. 12. 

5  OJL  206, 29.7.1991, p. 19. 

7.  As  no  progress  has  been  made  in the  Council,  the  Commission  decided  to  initiate 
the procedure  under Article  3-of the Agreement  on social policy.  On 27  September 
1995,  it  therefore  gave  its  approval  for  consultation  of  the  social  partners  under 
Article 3(2) of the said Agreement. By the end of a six-week consultation period, the 
Commission had received 22 replies. 

I.  The  replies  from  the  social  partners  showed  that  there  was  a  broad  measure  of 
support  for  the  fundamental  guiding  principle  of  non-discrimination  of  workers 
affected  by the new,  flexible  forms  of work, guaranteeing  them  the  same  treatment 
as  for  full-time  workers  with  open-ended  contracts.  Although  the  respondents' 
views  differed  considerably  as  to  the  form  and  appropriate  level  of  action  to  be 
taken  in  this  area,  most  of  the  social  partners  said  they  were  prepared  to  play  an 
active part in defining  the principles and putting them into effect,  more especially by 
way of collective bargaining at the appropriate level. 

).  After  analysing  the  reactions,  the  Commission  considered  Community  action 
advisable and decided, on 9 April  1996, to initiate the second round of  consultation 
of the social partners provided  for  in Article 3(3) of the Agreement on social  policy. 
On  19 June  1996,  three  organisations  (UNICE,  CEEP  and  the  ETUC)  announced 
their intention of starting negotiations on this subject, concentrating  initially  on part-
time  work.  On  12  March  1997,  they  asked  the  Commission  for  a  further  three 
months  by  virtue  of  Article  3(4)  of  the  Agreement  on  Social  Policy.  The 
Commission  concurred.  At  the  end  of  these  negotiations,  the  three  organisations 
concluded  a framework  Agreement  on 6 June  1997. They  forwarded  the  agreement 
to  the  Commission,  asking  for  it  to  be  implemented  by  a  Council  decision  on  a 
proposal from  the Commission in accordance with Article 4(2) of the Agreement on 
social policy. 

0.  The social partners also requested  the Commission, in its proposal to implement  the 

agreement, to: 

request  that  Member  States  adopt  the  laws,  regulations  and  administrative 
provisions  within  two years from  adoption  of the decision,  or to ensure, within  the 
meaning  of  Article  2(4)  of  the  Agreement  on  social  policy  annexed  to  the  Treaty 
establishing  the  European  Community,  that  the  social  partners  establish  the 
necessary measures by way of agreement by the end of this period; and 

make provision for Member States to have, if necessary to take account of particular 
difficulties  or implementation  by collective  agreement, up to one additional  year to 
comply with the decision. 

1.  Although  the document  which  was  the  subject  of  the  second  round  of  consultation 
was  concerned  with  "the  flexibility  of  working  time  and  security  for  workers" 
(forms  of  employment  other  than  full-time,  open-ended  employment),  the  social 
partners  wanted  to give particular  attention  to part-time  work,  indicating  that  it was 
their  intention  to consider  the  need  for  similar  agreements  covering  other  forms  of 
work. 

EXAMINATION OF THE AGREEMENT 

12.  In  its  Communication  concerning  the  application  of  the  Agreement  on  social 
policy1,  the  Commission  stressed  that "by virtue  of  its  role  as  guardian  of the 
Treaties  the  Commission  will  prepare  proposals  for  decisions  to  the  Council 
following  consideration  of  the  representative  status  of  the  contracting  parties, 
their  mandate  and the  "legality" of  each  clause  in  the  collective  agreement  in 
relation  to  Community  law,  and  the  provisions  regarding  small  and medium-
sized undertakings set out in Article 2(2).  At all events, the Commission intends 
to  provide  an  explanatory  memorandum  on  any  proposal  presented  to  the 
Council  in  this  area,  giving  its  comments  and  assessment  of  the  agreement 
concluded by the social partners". 

i.  REPRESENTATIVENESS OF THE CONTRACTING PARTIES AND THEIR RESPECTIVE 

MANDATES 

13.  The organisations  which  are signatory  to the  agreement  are UNICE, CEEP and 
the  ETUC.  These  three  organisations  have,  since  1985,  been  engaged  in  an 
autonomous and voluntary process known as the "Val Duchesse" social dialogue. 
This has resulted in a total of 15 joint opinions, 2 recommendations, 3 agreements 
and 4  declarations.  In particular,  they  came  up with  a significant  agreement  in 
October  1991  with  a view  to  defining  the role  and place  of  the  social  dialogue 
within  the  new  Community  framework.  Articles  3  and 4  of  the  Agreement  on 
social policy drew very largely on this agreement. 

14.  The  three  organisations  all  meet  the  following  criteria,  as  laid  down  in  the 

Commission's Communication (point 24): 

-  they are cross-industry and are organised at European level; 

-  they consist of organisations which are themselves an integral and recognised 
part of Member State social partner structures, have the capacity to negotiate 
agreements and are representative of all Member States; 

-  they  have  appropriate  structures  to  ensure  their  effective  participation  in 

implementing the Agreement on social policy. 

15.  These three  organisations  are the  only  three  general  cross-industry  organisations 
within  the meaning  of Annex  2 to the Commission's  Communication.  The study 
on  the  social  partners  arrives  at  a  number  of  conclusions  (annexed  to  the 
Communication)  with regard  to the representative  status of employers'  and trade 
union  organisations.  In  Chapter  D.II  of  its  Communication  concerning  the 
development  of the social  dialogue at Community  level2, the Commission  said it 
"would  like  to  encourage  the  European  and  social  partner  organisations  to  co 
operate  more  closely 
(of 
representativeness)". 

this  question 

solution 

finding 

in 

to 

a 

1  COM(93) 600,  14.12.1993. 

2  COM(96) 448  final,  18.9.1996. 

EMPLOYERS' ORGANISATIONS 

16.  The employers'  federation  which  is most representative of all industrial  sectors and 
categories  of  enterprises  is  UNICE.  In  all  the  Member  States,  the  organisations 
affiliated  to the UNICE are by far the most representative cross-industry  employers' 
federations. All the affiliated  organisations at national level are directly or indirectly 
involved  in  collective  bargaining  and  participate  in  the  International  Labour 
Conference.  CEEP  provides  significant  representation  of  public  enterprises  or 
enterprises with public participation in the Member States. 

TRADE  UNION ORGANISATIONS 

17.  By  far  the  most  representative  cross-industry  trade  union  confederation  is  the 
ETUC.  Its  affiliated  organisations  are  the  most  representative  cross-industry  trade 
union  confederations  in  all  the  Member  States.  All  its  affiliated  organisations  at 
national  level  are  directly  or  indirectly  involved  in  collective  bargaining  and 
participate in the International Labour  Conference. 

Conclusion 

18.  The  Commission  notes  that  the  members  of  these  three  organisations  at  national 
level have given the three a specific mandate for negotiations on part-time work and 
have ratified  the  framework  agreement.  The three organisations  have concluded  the 
framework  agreement on behalf of their national members. 

19.  The  Commission  concludes  that  these  three  organisations  fulfil  the  condition  of 
representativeness which it had undertaken to verify before forwarding  its proposal. 

ii. 

"LEGITIMACY" OF THE CLAUSES CONCERNING THE ROLE OF THE NON-SIGNATORY 
SOCIAL  PARTNERS  AND THEIR  MEMBERS 

20.  A number of other social partners who were consulted by the Commission  expressed 
a desire to take part in the negotiations. The Commission has been  informed  of the 
exchange  of  letters  and discussions between  the  signatory  social partners  and  these 
others.  It has also been informed  of the participation, within the UNICE delegation, 
of experts from  three sectoral social partners' organisations. 

21.  The  Commission  has  forwarded  the  framework  agreement  to  all  the  organisations 
which  it had previously  consulted  or informed,  and has organised  a meeting  for  the 
exchange of information  and for dialogue with them. 

22.  Certain  organisations  have contested  the representative  status  of contracting  parties 
and  maintained  that  the  framework  agreement  does  not  take  into  account  the 
interests  of  certain  sectors  or  categories  of  enterprises.  On  the  contrary,  other 
organisations  have  underlined  the  flexible  character  of  the  provisions  of  the 
agreement that will allow account to be taken, when transposing  it into national  law, 
of the specific  needs of certain sectors or sub-sectors. 

23.  Having  verified  the  relevant  clauses,  the  Commission  feels  that  the  framework 
agreement  makes  reference  on a number  of  occasions  to the  social  partners  "at  the 
appropriate  level" and to "national  law, collective agreements or practice", and thus 
very  largely  preserves  the  role  of  the  non-signatory  social  partners  and  their 
members at national level. 

iii.  PROVISIONS REGARDING  SMALL AND MEDIUM-SIZED  ENTERPRISES 

24.  Article  2(2)  of  the  Agreement  on  social  policy  provides  that  legislation  on  social 
policy  shall  avoid  imposing  administrative,  financial  and  legal  constraints  in a way 
which  would  hold  back  the  creation  and  development  of  small  and  medium-sized 
undertakings (or enterprises). 

25.  The  specific  situation  of  SMEs  was  given  special  attention  when  the  text  of  the 
framework  agreement  was  drawn  up.  Specific  reference  is  made  to  SMEs,  as 
follows : 

General  consideration  7: "Whereas this agreement  takes into consideration  the need 
to  improve  social  policy  requirements,  to  enhance  the  competitiveness  of  the 
Community  economy  and  to  avoid  imposing  administrative,  financial  and  legal 
constraints  in a way which would  hold  back the creation and development  of small 
and medium-sized undertakings". 

26.  Clearly,  the  agreement  does not provide  for  any  exception  to be made to the  basic 
principle of non-discrimination  in favour of SMEs. However, clause  1 (B) sets out as 
a fundamental  objective of the agreement the development of part-time work and the 
flexible  organisation  of working  time.  Within  this  framework,  clauses  5(1) and  (2) 
establish  the  need  to  eliminate  by  law  or  agreement  any  legal  and  administrative 
obstacles which might militate against part-time working. Although the reference  to 
the development  of part-time work  relates to all undertakings  in general,  regardless 
of their size and staff,  it is evident that SMEs should derive the greatest benefit  from 
such a provision. 

27.  A  number  of  clauses  (2(2), 3(3), 4(3), 4(4),  6(2))  refer  to  national  laws,  collective 
agreements or practice and/or to the social partners at the appropriate  level, leaving 
plenty  of room for  manoeuvre  at enterprise  level. Despite not explicitly  mentioning 
SMEs, these provisions  do enable national  provisions to be adopted  if necessary  to 
take account of their special needs. 

2X.  These  provisions  show  thai  the  social  partners  are  keen  to encourage  new, flexible 
ways of organising  work  and  time which  are better suited  to the changing  needs of 
society  and  which  should  take  the  needs  of  both  enterprises  and  workers  into 
account (general considerations 4 and 5). 

29.  The  Commission  therefore  concludes  that the  framework  agreement  complies  with 
the provisions concerning small and medium-sized  enterprises. In drawing it up, the 
social  partners  provided  scope  for  the  special  circumstances  of  SMEs  to  be  taken 
into account, particularly when the agreement is being transposed into national law. 

iv. "LEGALITY" OF THE CLAUSES OF THE AGREEMENT 

The  Commission  has  carefully  examined  each  of  the  clauses  of  the 
30. 
framework  agreement and does not find any provisions contrary to Community  law. 
The fact that the agreement provides for obligations on the Member  States does not 
undermine  its  legality.  On  the  contrary,  it  follows  from  the  second  declaration 
annexed to the Agreement on social policy8 that the second of the arrangements  for 
applying agreements between management and labour at Community  level  is likely 
to  create  obligations  for  the  Member  States.  The  obligations  imposed  on  Member 
States  do  not  derive  directly  from  the  agreement  between  the  social  partners  but 
from  the  arrangement  for  applying  the  agreement.  Section  (V)  contains  the 
Commission's assessment of the content of the agreement. 

v.  ASSESSMENT OF THE AGREEMENT 

31.  In  the  light  of  the  conclusions  of  the  Essen  European  Council  and  of  subsequent 
European  Councils,  the  Commission  considers  part-time  work  to  be  an  important 
factor  in promoting employment and equal opportunities for women and men. It also 
helps  to  boost  the  employment-intensity  of  growth,  more  particularly  by  way  of 
more  flexible  working  patterns  designed  to  meet  both  workers'  desires  and  the 
requirements of competition. As a result, the Commission  asked  the  social  partners 
for  their  reactions  to  this  more  broadly  based  approach.  The  social  partners" 
contribution is positive in itself in that it guarantees that consideration is given both 
to business competitiveness and to the interests of workers. 

32.  The  Commission  wholeheartedly  endorses  the  aims  of  the  social  partners' 

framework  agreement and sees it as an important step in two respects. 

33.  Firstly, minimum  standards with regard to part-time work are a big  step  forward  in 
creating a minimum  set of fundamental  rights of workers.  One effect  is to promote 
equal opportunities for  men and women. Sharing of family  responsibilities  between 
parents is a key element  in the strategies designed to improve equality  in the  labour 
market. 

34.  Secondly,  the  agreement  also  contributes  to  implementing  the  conclusions  of  the 
Essen  European  Council  in  terms  of  the  introduction  of  new,  flexible  ways  of 
organising  work.  Such flexibility  must meet the needs of enterprises  and help them 
to  become  more  competitive  to  cope  with  international  competition.  It  must  also 
take  account  of  the  interests  of  workers  by  enabling  them  to  tailor  their  working 
hours more closely  to their needs. An agreement between the social partners on this 
matter as a result of negotiations between employers and workers is the right vehicle 
for reconciling the interests of the two parties. 

"The eleven  High  Contracting  Parties declare that the  first  of the arrangements  for  application  of the 
agreements  between  management  and  labour  at  Community  level  -  referred  to  in  Article  4(2)  - will 
consist  in  developing,  by  collective  bargaining  according  to  the  rules  of  each  Member  State,  the 
content  of  the  agreements,  and  that  consequently  this  arrangement  implies  no  obligation  on  the 
Member  Slates  to  apply  the  agreements  directly  or  to  work  out  rules  for  their  transposition,  nor  any 
obligation to amend national  legislation  in force to facilitate their implementation." 

35.  The  Commission  considers  that  all  the  conditions  are  fulfilled  for  forwarding  a 
proposal  designed  to  implement  the  framework  agreement  between  the  social 
partners by way of a Council decision. 

THE  COMMISSION'S  PROPOSAL 

36.  In  its  Communication  of  14  December  1993,  the  Commission  stated  that 
"implementing  an agreement concluded at Community  level  by means of a Council 
decision  on  a  proposal  from  the  Commission  at  the  joint  request  of  the  social 
partners  would  give  the  Council  no  opportunity  to  amend  the  agreement.  For  this 
reason,  the  Commission  will  merely  propose,  following  examination  of  the 
agreement  between the social partners, the adoption  of a decision on the  agreement 
It 
as  concluded".  In  the  present  case,  the  proposed  instrument  is  a  Directive. 
therefore  contains  the  standard  clauses  relating  to  the  implementation  of  the 
Directive at national level. 

37.  The  Commission  also  took  the  view that  "the  Council  decision  must  be  limited  to 
making binding provisions of the agreement  concluded  between the social partners, 
so  the  text  of  the  agreement  would  not  form  part  of  the  decision  but  would  be 
annexed thereto". 

38.  Finally, the Commission  announced that "if the Council decides, in accordance  with 
the procedure  set  out  in  the  last  subparagraph  of Article 4(2), not to implement  the 
agreement  as  concluded  by  the  social  partners,  the  Commission  will  withdraw  its 
proposal  for  a decision  and  will  examine,  in the  light  of the work  done, whether  a 
legislation instrument in the area in question would be appropriate". 

39.  Hence,  the  Commission  has  not  incorporated  the  text  of  the  agreement  in  its 
proposal  but  simply  annexed  it  thereto.  Moreover,  it  reiterates  that,  if  the  Council 
amends  the  agreement  concluded  between  the  social  partners,  it  will  withdraw  its 
proposal. 

i. 

LEGAL BASIS 

40.  Article 4(2) of the Agreement on social policy provides that "agreements  concluded 
at  Community  level  shall  be  implemented,  in  matters  covered  by  Article  2,  at  the 
joint  request  of the signatory  parties, by a Council  decision  on a proposal  from  the 
Commission".  The  agreement  on  part-time  work  relates  to  working  conditions, 
which come under Article 2(1) of the Agreement on social policy. This is one of the 
areas where the Council may act by a qualified  majority.  As a result, Article 4(2) is 
the proper legal basis for the Commission's proposal. 

41.  That  Article  does  not  provide  for  consultation  of  the  European  Parliament  on 
requests  addressed  to  the  Commission  by  the  social  partners.  However,  in 
accordance  with  the  undertaking  in  its  Communication,  the  Commission  has  kept 
Parliament  informed  about  the various phases of consultation  of the social partners. 
It  is also  forwarding  this proposal  to Parliament  so that  it can deliver  its opinion  to 
the Commission  and the Council  if it so wishes. The same applies to the  Economic 
and Social Committee. 

ii.  THEFORMTHEINSTRUMEINTISTOTAKE 

42.  The term  "decision" within the meaning of Article 4(2) of the Agreement  on  social 
policy  refers  to  one  of the binding  legislative  instruments  under  Article  189 of  the 
Treaty. It is up to the Commission to propose to the Council the most appropriate of 
the  three  binding  instruments  under  the  said  Article  (regulation,  directive  or 
decision).  In  this  case,  given  the nature  (framework  agreement)  and  the  content  of 
the social partners' document, it is clear that the framework  agreement is intended to 
be  applied  indirectly  by  means  of provisions  to be transposed  into  national  law  by 
the Member  States  and/or  the social  partners. Hence, in that case, the most  suitable 
instrument  for  its  application  is a Council  Directive. Moreover,  in  accordance  with 
the  undertakings  it  has  given,  the  Commission  considers  that  the  text  of  the 
agreement should not be part of the directive but should be annexed thereto. 

43.  The Commission's comments on the Articles in its proposal are given below. 

Article 1 

This  article  confines  itself  to making  the framework agreement  between  the  social 
partners  obligatory  in  order  to  enable  it  to  be  implemented  by  a  Council  decision 
under Article 4(2) of the Agreement on social policy. 

Articles  2-6 

Article  2(1)  says  that  the  provisions  of  the  Directive  prescribe  only  minimum 
requirements,  giving  Member  States  the  chance  to  adopt  stricter  measures  in  the 
relevant field. 

Article 2(2) is a "non-regression" standard clause that affects  Member  States  which 
have, at the time of adoption  of the Directive, a higher level of protection  than  that 
guaranteed by the framework agreement. What this clause means is that there should 
be no lowering of the general  level of protection  for workers when the  Community 
Directive  is  adopted.  However,  it  offers  Member  States  the possibility  of  adopting 
different  measures  as  required  by  their  economic  and  social  policies,  subject  to 
observance of the minimum requirements prescribed by the framework  agreement. It 
is at any rate clear that the Member States' room  for manoeuvre covers only  a level 
of protection exceeding that guaranteed by the Directive. 

Article 3 is a non-discrimination  clause in accordance with the undertaking given by 
the Commission  in its Communication9  on racism, xenophobia  and antisemitism.  In 
this connection, the solemn declaration  adopted by the social partners  in Florence in 
October  1995  on  the  prevention  of  racial  discrimination  and  xenophobia  and  the 
promotion of equal opportunities at work should also be borne in mind. 

Article  4  obliges  Member  States  to  provide  penalties  which  are  effective, 
commensurate  with  the  infringement  and  constitute  a  sufficient  deterrent.  In 
applying Community  law, it is necessary, as in every  legal  system, on the one hand 
that  those bearing obligations  resulting  from  this law are dissuaded  from  infringing 

COM(95) 653 final,  13.12.1995. 

it  and,  on  the  other,  that  those  who  do  not  respect  Community  law  are  duly 
penalised. 

Articles  5 and  6 contain  the usual  provisions  for  transposition  into the national  law 
of the Member States. 

JUSTIFICATION  FOR THE DIRECTIVE  IN RESPECT OF SUBSIDIARITY 

44.  The proposal  for  a Council  Directive concerning the  framework  agreement  on  part-
time work  concluded  by UNICE, CEEP  and  the ETUC complies  with  the principle 
of  subsidiarity  as  regards  its two  criteria,  namely  necessity  and  proportionality,  as 
laid down in Article 3(b) of the Maastricht Treaty. 

45.  The first criterion, namely, the need to undertake Community  action, is justified  by 
the fact that the social partners, under the procedure provided  for in Article 3 of the 
Agreement  on social policy, have  agreed  that  it  is necessary  to undertake  action  at 
Community  level  and have requested the implementation  of their  Community-level 
agreement  through  a Council  decision  based  on  a proposal  from  the  Commission, 
pursuant to Article 4(2) of the Agreement on social policy. Moreover, this initiative 
is in keeping with the conclusions of the Essen European Council of December  1994 
and its follow-up. 

46.  The Council Directive corresponds to the requirement of proportionality  in so  far as 
it only defines the major  objectives to be attained by Member States, while allowing 
the social partners and not the Community to decide on the content. 

CONCLUSION 

47.  The  Council  is  requested  to  adopt  the  proposal  for  a  Directive  concerning  the 
framework  agreement  on  part-time  work  concluded  by  UNICE,  CEEP  and  the 
ETUC. 

PROPOSAL FOR A COUNCIL DIRECTIVE 

concerning the framework agreement on part-time work 

concluded by UNICE, CEEP and the ETUC 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Agreement  on  social  policy  annexed  to  the  Protocol  (No  14)  on 
social  policy,  annexed  to  the  Treaty  establishing  the  European  Community  and,  in 
particular, Article 4(2) thereof, 

Having regard to the proposal from the Commission 10 

Whereas on the basis of the Protocol  on social policy  annexed to the Treaty  establishing 
the European Community, the Member States, with the exception of the United  Kingdom 
of  Great  Britain  and  Northern  Ireland  (hereinafter  referred  to  as  "the  Member  States"), 
wishing to continue along the path laid down in the  1989 Social Charter, have concluded 
an agreement on social policy; 

Whereas  management  and  labour  (the  social  partners)  may,  in  accordance  with  Article 
4(2)  of  the  Agreement  on  social  policy,  request jointly  that  agreements  at  Community 
level be implemented by a Council decision on a proposal from the Commission; 

Whereas point 7 of the Community Charter of the Fundamental  Social Rights of Workers 
provides  inter  alia  that  "the  completion  of  the  internal  market  must  lead  to  an 
improvement  in  the  living  and  working  conditions  of  workers  in  the  European 
Community.  This process  must  result  from  an  approximation  of  these  conditions  while 
the  improvement  is being  maintained,  as regards in particular  (...)  forms  of  employment 
other  than  open-ended  contracts,  such  as  fixed-term  contracts,  part-time  working, 
temporary work and seasonal work"; 

Whereas the Council  has been unable to reach  a decision  on the proposal  for  a  Directive 
on  certain  employment  relationships  with  regard  to  distortions  of  competition",  as 
amended12, nor on the proposal  for a Directive on certain employment  relationships  with 
regard to working conditions13; 

10  OJC... 

11  OJC  224, 8.9.1990, p. 6. 

12  COM(90) 533 final; OJ C 305, 5.12.1990, p. 8. 

13  OJC 224, 8.9.1990, p. 4. 

10 

Whereas  the  conclusions  of  the  Essen  European  Council  stressed  the  need  to  take 
measures  to  promote  employment  and  equal  opportunities  for  women  and  men,  and 
called  for  measures with a view to "increasing the employment-intensiveness  of growth, 
in  particular  by  a  more  flexible  organisation  of  work  in  a  way  which  fulfils  both  the 
wishes of employees and the requirements of competition"; 

Whereas  the  Commission,  in  accordance  with  Article  3(2)  of  the  Agreement  on  social 
policy,  has  consulted  management  and  labour  on  the  possible  direction  of  Community 
action with regard to flexible working time and job security; 

Whereas  the  Commission,  considering  after  such  consultation  that  Community  action 
was  desirable,  once  again  consulted  management  and  labour  on  the  substance  of  the 
envisaged proposal in accordance with Article 3(3) of the said Agreement; 

Whereas  the  general  cross-industry  organisations  [the  Union  of  Industrial  and 
Employers' Confederations  of Europe (UNICE), the European Centre of Enterprises with 
Public  Participation  (CEEP)  and  the  European  Trade  Union  Confederation  (ETUC)J 
informed  the  Commission  in their joint  letter  of  19 June  1996 of their  desire  to  initiate 
the  procedure  provided  for  in  Article  4 of  the  said  Agreement;  whereas  they  asked  the 
Commission,  in  a joint  letter  dated  12 March  1997, for  a further  three  months;  whereas 
the Commission complied with this request; 

Whereas  the  said  cross-industry  organisations  concluded,  on  6 June  1997, a  framework 
agreement  on  part-time  work;  whereas  they  forwarded  to  the  Commission  their  joint 
request to implement the framework  agreement by a Council decision on a proposal  from 
the Commission, in accordance with Article 4(2) of the said Agreement; 

Whereas the Council, in its Resolution of 6 December  1994 on "prospects for a European 
Union  social policy: a contribution to economic and social convergence  in the  Union"14, 
asked  management  and  labour  to  make  use  of  the  opportunities  for  concluding 
agreements, since they are as a rule closer to social reality and to social problems; 

Whereas the contracting parties wished to conclude a framework  agreement  on part-time 
work setting out the general principles and minimum requirements for part-time working; 
whereas  they  have  demonstrated  their  desire  to  establish  a  general  framework  for 
eliminating  discrimination  against part-time workers and to contribute to developing  the 
potential  for  part-time  work  on  a  basis  which  is  acceptable  for  employers  and  workers 
alike; 

Whereas the social partners wished to give particular attention to part-time work, while at 
the  same  time  indicating  that  it  was  their  intention  to  consider  the  need  for  similar 
agreements for other flexible  forms of work; 

Whereas, in the conclusions of the Amsterdam  European Council, the Heads of State and 
Government  of the  European  Union  strongly  welcomed  the agreement  concluded  by the 
social partners on part-time work; 

14  OJC  368, 23.12.1994, p. 6. 

11 

Whereas the proper  instrument  for  implementing  the framework  agreement  is a directive 
within  the meaning  of Article  189 of the  Treaty; whereas  it therefore  binds the  Member 
States  as  to  the  result  to  be  achieved,  whilst  leaving  them  the  choice  of  form  and 
methods; 

Whereas,  in accordance  with the principles  of subsidiarity  and proportionality  as set out 
in  Article  3(b)  of  the  Treaty,  the  objectives  of  this  Directive  cannot  be  sufficiently 
achieved  by the Member  States and can therefore  be better achieved  by the  Community; 
Whereas this  Directive  limits  itself to the minimum  required  for  the  attainment  of  those 
objectives  and does not go beyond what is necessary for that purpose; 

Whereas the Commission  has drafted  its proposal  for  a Directive,  in accordance  with  its 
Communication  of  14 December  199315 concerning the application  of the Agreement  on 
social  policy  and 
the 
development  of  the  social  dialogue  at  Community  level,  taking  into  account  the 
representative  status  of  the  contracting  parties,  their  mandate  and  the  legality  of  each 
clause of the framework  agreement; 

its  Communication  of  18  September  199616  concerning 

Whereas  the  Commission  has  drafted  its  proposal  for  a  Directive  taking  into  account 
compliance  with  Article  2(2)  of  the  Agreement  on  social  policy  which  provides  that 
directives in the social policy domain "shall avoid imposing administrative, financial and 
legal constraints  in a way which would hold back the creation and development  of  small 
and medium-sized  undertakings"; 

Whereas  the  Commission,  in  accordance  with  its  Communication  concerning  the 
application  of  the  Agreement  on  social  policy,  informed  the  European  Parliament  by 
sending it the text of the agreement, accompanied  by its proposal  for  a Directive  and  the 
explanatory  memorandum; 

Whereas the Commission also informed  the Economic and Social Committee  by  sending 
it  the  text  of  the  agreement,  accompanied  by  its  proposal  for  a  Directive  and  the 
explanatory  memorandum; 

Whereas  the  provisions  of this  Directive  lay  down  minimum  requirements,  thus  giving 
the  Member  States  and/or  the  social  partners the  option  of  introducing  more  favourable 
provisions; 

Whereas the  implementation  of this  Directive  should  not  serve  to justify  any  regression 
in relation to the situation which already exists in each Member State; 

Whereas  the  Community  Charter  of  the  Fundamental  Social  Rights  of  Workers 
recognises  the  importance  o(  the  fight  against  all  forms  of  discrimination,  especially 
based on sex, colour, race, opinion and creed; 

'*  COM(93) 600, 14.12.1993. 

>"  COM(96)448,  18.9.1996. 

12 

Whereas Article F(2) of the Treaty on European Union states that "the Union shall respect 
fundamental  rights,  as  guaranteed  by  the  European  Convention  for  the  Protection  of 
Human Rights and Fundamental Freedoms  signed in Rome on 4 November  1950, and  as 
they  result  from  the  constitutional  traditions  common  to  the  Member  States,  as  general 
principles of Community law"; 

Whereas the  Member  States  may entrust  management  and  labour,  at  their joint  request, 
with  the  implementation  of  this  Directive,  as  long  as  the  Member  States  take  all  the 
necessary  steps to ensure that  they  can at  all times guarantee  the results imposed  by this 
Directive; 

Whereas  the  implementation  of  the  framework  agreement  contributes  to  achieving  the 
objectives under Article  1  of the Agreement on social policy, 

HAS ADOPTED THIS DIRECTIVE: 

Article I 

Implementation  of the framework  agreement 

This purpose  of the  Directive  is to  put  into  effect  the  annexed framework agreement  on 
part-time  work  concluded  on  6  June  1997  between  the  general  cross-industry 
organisations (UNICE, CEEP and the ETUC). 

Article 2 

Minimum  requirements 

1. Member  States may introduce more favourable  provisions than those laid down in this 
Directive. 

2.  The implementation  of this Directive  shall under  no circumstances  constitute  sufficient 
grounds for justifying  a reduction in the general level of protection of workers in the  fields 
covered by this Directive; this shall be without prejudice to: 

the rights of Member  States and/or management  and labour to lay down, in the light 
of  changing  circumstances,  different 
regulatory  or  contractual 
arrangements to those prevailing at the time of adoption of this Directive; 

legislative, 

the  application  of  Clause  5.1  of the  agreement  in  annex,  provided  the  principle  of 
non-discrimination as expressed in clause 4.1 of the agreement is complied with; 

provided  always that  the  minimum  requirements  laid  down  in this  Directive  are  adhered 
to. 

13 

Article 3 

Non-discrimination 

When Member States adopt the provisions to implement this Directive, these shall prohibit 
any discrimination  based  on  sex,  race,  ethnic  origin,  religion  or  beliefs,  disability,  age  or 
sexual orientation. 

Article 4 

Penalties 

Member  States  shall  determine  the  range  of  penalties  applicable  for  infringements  of 
national  provisions made in implementation  of this Directive  and  shall take  all  necessary 
steps to ensure that they are enforced.  The penalties must be effective,  commensurate with 
the  infringement,  and  must  constitute  a  sufficient  deterrent.  Member  States  shall  notify 
these provisions to the  Commission  by the  date  mentioned  in Article  5 at  the  latest,  and 
any subsequent amendment thereto in good time. 

Article 5 

Transposition 

Member  States  shall bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply with this Directive  within two years  of its adoption,  or  shall  ensure 
that,  by  that  date  at  the  latest,  management  and  labour  have  introduced  the  necessary 
measures by agreement, the Member States being required to take any necessary measures 
to  enable them  at  any  time to  be  in  a position  to  guarantee  the  results  imposed  by  this 
Directive. They shall forthwith  inform the Commission thereof. 

Member  States may have a maximum  of one more year,  if necessary,  to take  account  of 
special difficulties  or implementation by a collective agreement. 

They shall inform the Commission forthwith in such circumstances. 

When  Member  States  adopt  the  provisions  referred  to  in the  first  paragraph,  these  shall 
contain a reference to this Directive or shall be accompanied  by such reference  at the time 
of  their  official  publication.  The  procedure  for  such  reference  shall  be  adopted  by  the 
Member States. 

Article 6 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

14 

Europea 
Framework Agreement 
on Part-time Work 

KX^HXXlMiniBRflinRBBttBNGflQnsna 

P R É A M B U LE 

v __ 

his framework  agreement  is a contribution  to the overall European  stra 
tegy  on  employment  Part-time  work  has  had  an  important  impact  on 
employment  in recent years.  For this  reason,  the parties  to  this  agree 
ment  have  given priority  attention  to  this form, of work.  It  is the intention  of the  par 
ties to consider  the  need for  similar agreements  relating  to other forms  of flexible  work. 

Recognising  the diversity  of situations  in Member States  and  acknowledging  that  part-
time  work  is a feature  of employment  in  certain  sectors  and  activities,  this  agreement 
sets  out  the general  principles  and  minimum  requirements  relating to part-time  work. 
It  illustrates  the  willingness  of  the  Social  Partners  to  establish  a general  framework 
for  the  elimination  of discrimination  against  part-time  workers and  to assist  the  deve 
lopment  of  opportunities  for  part-time  working  on  a  basis  acceptable  to  employers 
and  workers. 

This  agreement  relates  to  employment  conditions  of part-time  workers  recognising 
that  matters  concerning  statutory  social  security  are for  decision  by  the  Member 
States.  In  the  context  ofdie  principle  of non-discrimination, 
the parties  to tliis agree 
ment  have  noted  the  Employment  .declaration  of  the  Dublin  European  CouncU of 
December  1996,  wherein  the  Council  inter  alia  emphasised  the  need  to  make  social 
security  systems  more  employment  friendly  by  'developing  social protection  systems 
capable  of adapting  to new patterns  of work  and  of providing  appropriate  protection 
to people  engaged  in  such  work".  The parties  to  this  agreement  consider  that  effect 
should  be given  to  this  declaration. 

ETUC,  UNICE and  CEEP request  the  Commission  to submit  Ùds framework  agreement 
to  the  Council for  a  decision  making  these requirements  binding  in the Member  States 
which  are party  to  the  Agreement  on  social policy  annexed  to the  Protocol  on  social 
policy  annexed  to  die  Treaty  establishing  the  European  Community. 

The  parties  to  this  agreement  ask  the  Commission,  in  its proposal  to  implement  this 
agreement,  to  request  that  Member  States  to  adopt  the  laws,  regulations  and  admi 
nistrative  provisions  necessary  to comply  with  the  Council  decision within  a period  of 
2 years  from  its  adoption  or ensure'  that  the  Social  Partners  establish  the  necessary 
measures  by  way  of agreement  by the  end of this period.  Mem ber States  may,  ifneces 
sary  to  take  account  of particular  difficulties  or  implementation  by  collective  agree 
ment  have  up  to a  maximum  of one  additional  year  to  comply  w'dli  this  provision. 

Without  prejudice  to  the  role of national  courts  and  die  Court  of Justice,  die  parties 
to  this  agreement  request  that  any  matter  relating  to  the  interpretation  ofdiis  agree 
ment  at  European  level should, in  the first  instance,  be referred by die  Commission  to 
them for  an  opinion. 

I  v i d un  ( IK  meaning  of  «rttrk  2  i  of  Ui< S«vi»l  PoUcy  Agr«m<n<  of  I IK  T m iy  w»  Ku«j)K*n  Union 

A 

I. General  consideratiogg 

H  Having  regard  to  the  Agreement  on  social  policy 
JL  annexed  to  the Protocol  on  social  policy  attached 
to  the  treaty  establishing  the  European  Community, 
and  in  particular  article  3.4  and  4.2  thereof. 

2 Whereas  article  4.2  of  the  Agreement  on  social 

policy  provides  that  agreements  concluded  at 
Community  level  may  be  implemented,  at  the  joint 
request  of  die signatory  parties, by a Council  decision 
on  a  proposal  from  the  Commission. 

to  avoid 

economy  and 
imposing  administrative 
financial  and  legal  constraints  in  a  way  which  would 
hold back  the creation  and  development  of small  and 
medium-sized  undertakings. 

8 Whereas  die  Social  Partners  arc  best  placed  to 

find  solutions  that  correspond  to  die  needs  of 
both  employers  and  workers  and  shall  therefore  be 
conferred  a  special  role  in  die  implementation  and 
application  of  diis  agreement. 

The  signatory  parties  have  agreed  die  following 

ment  on  flexibility  of  working 

3 Whereas,  in  its  second  consultation  docu 

time  and 
security  for  workers,  the  Commission  announ 
ced  its  intention  to  propose  a  legally  binding 
Community  measure. 

the  conclusions  of 

4 Whereas 

the  European 
Council  meeting  in  Essen  emphasised  the  need 
for  measures  to promote  both  employment  and  equal 
opportunities  for  women  and  men,  and  called  for 
the  employment 
measures  aimed  at  "increasing 
intensiveness  of  growth, 
in  particular  by  more 
flexible  organisation  of  work  in  a  way  which  fulfils 
both  the wishes of employees and  the requirements of 
competition*. 

5 Whereas  the  parties  to  this  agreement  attach 

importance  to  measures  which  would  facilitate 
access  to  part-time  work  for  men  and  women  in 
order to prepare  for retirement,  reconcile  professional 
and  family  life,  and  take  up  education  and  training 
opportunities 
to  improve  their  skills  and  career 
opportunities  for  the  mutual  benefit  of  employers 
and  workers  and  in a  manner  which  would  assist  the 
development  of  entreprises. 

6 Whereas  this  agreement  refers  back  to "Member 

States  and  Social  Partners  for  the  modalities  of 
application  of  these  general  principles,  minimum 
requirements  and  provisions, in order  to take  account 
of  die  situation  in each  Member  State. 

7 Whereas  this agreement  takes  into  consideration 

die  need  to  improve  social  policy  requirements, 
to  enhance  the  competitiveness  of  the  Community 

Clause  1 :  Purpose 

The  purpose  of  this  framework  agreement  is : 

A.  to  provide  for  die  removal  of  discrimination 
against  part-time  workers  and  to  improve  the 
quality  of  part-time  work, 

B.  to facilitate  die development  of  part-time  work  on 
a  voluntary  basis  and  to  contribute  to  die  flexible 
organisation  of  working  time  m  a  manner  which 
takes  into  account  die  needs  of  employers  and 
workers. 

rX l a u s e . 2:  Scope 

I This agreement  applies  to part-time  workers  who 

have  an  employment  contract  or  employment 
relationship  as  defined  by  die  law,  collective  agree 
ment  or  practice  in  force  in  each  Member  State. 

2 Member States, after  consultation  with  the Social 

Partners  in  accordance  with  national  law, collec 
tive  agreements  or  practice,  and/or 
the.  Social 
Partners  at  die  appropriate  level  in  conformity  with 
national  industrial  relations  practice  may,  for  objec 
tive  reasons, exclude  wholly  or partly  from  the. terms 
of  diis  agreement  part-time  workers  who  work  on  a 
casual  basis. Such exclusions should  be reviewed  per 
iodically  to  establish 
making  them  remain  valid 

if  the  objective  reasons  for 

/C 

«^Çlause,^  :  Definitions 

^ClauseJ?  : Opportunities  for  part-time  work 

si  For 

the.  p u q i o sc  of 

this  agreement, 

(he,  term 

J 

"part-time  worker"  refers  to  nn  employee  whose 

1 In  the  context  of  clause  1 of  diis  agreement  a nd  of 

the  principle  of  non-discrimination  between  p a rt 

normal  hours  of  work,  calculated  on  a  weekly  basis 

time  a nd  full-time  workers, 

or  on  average  over  a  period  of  employaient  of  up  to 

one.  year,  arc  less  than  (he  normal  hours  of  work  of  a 

comparable  full  time,  worker 

2 for  (he  purpose  of  this  agreement 

"comparable  full-time,  worker"  means  a  full  time, 

,  the.  term 

worker  m  the  same  establi.slime.nl  having  the.  same 

type  of  employment  contract  or  relationship,  who  is 

engaged  m  the  same  01  a  similar  work/occupation, 

due  regard  being  given  to  other  considerations  which 

may  include  seniority,  qualification/skills. 

3 Where  there  is  no  comparable,  full-time  worker 

in  the  same  establishment,  the  comparison  shall 

be.  made,  by  reference 

to  the  applicable  collective 

agreement  or,  where  there  is  no  applicable'collective, 

agreement,  m  accordance  with  national  law,  collecti 

ve, agreements  or  practice. 

A.  Member  States,  following  consultations  with 

the 

Social  Partners  in  accordance  with  national  law  or 

practice  should  identify  and  review  obstacles  of  a 

legal  or  administrative  nature  which  may  limit  (he 

opportunities 

for  part-time  work  a n d,  where 

a p p r o p r i a t e,  eliminate  them, 

II.  the.  Social  Partners,  acting  within  then  sphere  of 

competence  and  through  the  procedures  set  out  in 

collective  agreements,  should  identify  and  review 

obstacles  which  may  limit  opportunities  for  part 

tunc  work  and,  where  appropriate,  eliminate  diem 

2 A  worker's  refusal  to  transfer  from  full-time 

part-time,  work  or  vice-versa  should  not  in  itself 

to 

constitute  a  valid  reason  for  termination  of  employ 

ment,  without  prejudice  to  termination  in  a c c o r d a n 

ce  widi  national  law,  collective  agreements  and  p r a c 

tice,  for  odicr  reasons  such  as  may  arise  from  die 

ojieratiorial 

r e q u i r e m e n ts  of 

the 

e s t a b l i s h m e nt 

Clause  4  :  Principle  of  non-discrimination 

concerned. 

'i 

In  respect  of  employment  conditions,  part-time 

-I  workers  shall  not  be  treated  in  a  less  favourable 

manner 

than  comparable  full-time  workers  solely 

because  they  work  p a r t - t i me  unless  different 

treat 

ment  is  justified  on  objective  grounds 

2 Where  appropriate,  the, principle  of  pro  rata  tern 

pons  shall  apply. 

Q  The  modalities  of  application  of  dus  clause  shall 

tJ  be  defined  by  die  Member  States  and/or  Social 

Partners,  having 

regard 

to  European 

legislation, 

national  law,  collective  agreements  and  practice 

4 When 

justified  by  objective 

reasons,  Member 

states  after  consultation  of  the  Social  Partners  in 

accordance  with  national  law  or  practice  and/or  Social 

Partners  may,  where  appropriate,  make,  access  to  par 

ticular  conditions  of  employment  subject  to a  j^eriod  of 

service, 

time  worked  or  earnings  qualification.' 

Qualifications  relating  to  aces.*;  by  part-time  workers 

3 As  far  as  possible,  employers  should  give,  consi 

deration  to  : 

A.  requests  by  workers  to  transfer  from  full-tune  to 

part-time  work  dial  become  available  in  the  esta 

blishmcnt, 

B.  requests  by  workers  to  transfer  from  p a r t - t i me  to 

full-time  work  or  to  increase  their  working  time 

should  the  opportunity  arise, 

C.  die  provision  of  timely  information  on  die  availa 

bility  of  p a r t - t i me  a nd  full-time  positions  in 

the 

establishment  in  order  to  facilitate  transfers  from 

full-time  to  p a r t - t i me  or  vice-versa; 

D.  measures  to  facilitate  access  to  p a r t - t i me  work  at 

all  levels  of  die  enterprise,  including  skilled  a nd 

managerial  positions,  and  where  aj>propriate, 

to 

facilitate  access  by  part-time  workers  to  vocatio 

nal  training  to  enhance  career  opportunities  a nd 

occupational  mobility, 

to  paiticulai  conditions  of  employment  should  be 

E.  the  provision  of  appropriate  information  (o  ex is 

ic.vicwcd  periodically  having,  regard'to  the. principle  of 

ting  bodies  representing  workers  about  p a r t - d i ne 

non  disci immauon  as  expressed  m  clause  4.1 

working  in  the.  enterprise 

/'?• 

_ .Clause  6  : Provisions  on  implementation 

1Member  States  and/or  Social  Partners  can  main 

lain  or  introduce  more  favourable  provisions  than 

set  out  in  this  agreement. 

2 Implementation  of  die  provisions  of  diis  agree 

ment  shall  not  constitute  valid grounds  for  redu 
cing  the  general  level  of  protection  afforded  to  wor 
kers  in  the  field  of  dus  agreement.  This  docs not  pre 
judice  the.  right  of  Member  States  and/or  Social 
Partners  to develop  different  legislative, regulatory  or 
contractual  provisions,  in  the  light  of  changing  cir 
cumstances,  and  docs  not  prejudice  die  application 
of  clause  5.1.  as  long  as  die  principle  of  non-discri 
mination  as expressed  in clause  4.1. is complied  with. 

3 The  present  agreement  does  not  prejudice  die 

right  of  the  Social  Partners  to  conclude,  at  die 

appropriate  level,  including  European  level,  agree 
ments  adapting  and/or  complementing  die.  provi 
sions  of  diis  agreement  in  a  manner  which  will  take 
account  of  die  specific  needs  of  die  Social  Partners 
concerned  . 

4 This  agreement  shall  be without  prejudice  to  any 

more specific  Community  provisions, and  in  par 
ticular  Community  provisions  concerning  equal 
treatment  or  opportunities  for  men  and  women. 

5 The  prevention  and  settlement  of  disputes  and 

grievances  arising  from  die  application  of  this 
agreement  shall  be  dealt  with  in  accordance  with 
national  law, collective  agreements  and  practice. 

6 The  signatory  parties  will  review  diis  agreement, 

five  years  after  the  date  of  die  Council  decision, 
if  requested  by one of  the parties  to  diis  agreement. 

Brussels,  6  June  1997 

•>•)•) 

ETUC 
Bid Emile  Jaqcmain  155  -  B-1210  Bruxelles 

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Fritz  Vcrzefnifsch, 
President of die ETUC 

Emilio  Gabaglio, 
Secretary General  of  die ETUC 

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UNICE 
Rue Joseph 1140-B-1040 Bruxelles 

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François  Perigot, 
President  of die UNICE 

Zygmunf  Tyszkiewicz, 
Secretary  General of  die UNICE 

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IMPACT ASSESSMENT FORM 
THE IMPACT OF THE PROPOSAL ON BUSINESS 

with  special  reference  to small  and  medium-sized 
enterprises  (SMEs) 

Title of proposal: 

Proposal  for a Council Directive concerning the framework  agreement on part-time work 
concluded by UNICE, CEEP and the ETUC 

The proposal: 

1. 

TAKING  ACCOUNT  OF  THE  PRINCIPLE  OK  SUBSIDIARITY,  WHY  IS  COMMUNITY 
LEGISLATION  NECESSARY  IN THIS  AREA  AND WHAT  ARE  ITS MAIN  AIMS? 

The  aim  of  this  Directive  is  to  implement  the  framework  agreement  on  part-time 
work  under  Article  4(2)  of the  Agreement  on  social  policy  annexed  to  the  Treaty. 
This Article provides for  implementing agreements concluded  by the social  partners 
by way  of a Council  decision  on a proposal  from  the Commission.  The  signatories 
have  jointly  asked  the  Commission  to  present  a  proposal  to  the  Council.  The 
Commission,  in  accordance  with  its  Communication1  on  the  application  of  the 
Agreement  on  social  policy,  undertook  a threefold  analysis  of  the  agreement.  The 
Commission considers that all the conditions have been met (representative  status of 
the signatories, legality of the clauses of the agreement and compliance with special 
provisions  on  SMEs)  and  that  its  proposal  for  a  Council  Directive  should  be 
adopted. The Amsterdam European Council also welcomed the agreement. 

The impact on  business: 

2.  W HO  WILL  BE AFFECTED  BY THE  PROPOSAL? 

All  enterprises  and  all  workers  may  be  affected  by  the  framework  agreement, 
irrespective of the sector or size of the enterprise concerned. 

3.  WHAT  WILL  BUSINESS  HAVE TO  DO TO COMPLY  WITH  THE  PROPOSAL? 

As indicated  in clause  1  of the framework  agreement, enterprises will have to 

ensure that any discrimination  vis-à-vis part-time workers is done away with; 
facilitate  the  development  of  part-time  working  on  a  voluntary  basis  and 
contribute  to  the  flexible  organisation  of  working  time  in  a  way  which  takes 
account of the needs of both employers and workers. 

COM(l>3) 600  final. 

15 

A number of clauses refer  to legislation, collective agreements or national  practices, 
and/or  to  the  social  partners  at  the  appropriate  level,  leaving  plenty  of  room  for 
manoeuvre  for  individual  enterprises.  Compliance  with  the  provisions  concerning 
SMEs is amply covered in points 24-29 of the explanatory  memorandum. 

4.  WHAT ECONOMIC EFFECTS IS THE PROPOSAL LIKELY TO HAVE? 

Implementation  of  the  framework  agreement  on  part-time  work  will  contribute  to 
the  second  priority  laid  down  by the Essen  European  Council, viz. the  introduction 
of new, flexible  forms of work organisation.  Such flexibility  must meet the needs of 
firms  which  have  to  become  more  competitive  in  order  to  meet  the  challenge  of 
international  competition.  Any  new,  flexible  arrangements  must  also  bear  in  mind 
the interests of workers, by enabling  them to gear their  working  time  better  to their 
individual  needs.  An  agreement  between  the  social  partners  on  this  point  is  the 
outcome  of  negotiations  between  the  two  sides  and  would  seem  to  be  the  most 
appropriate instrument for reconciling the two sides' interests. 

The  Member  States  and  the  social  partners  should  identify  and  examine  any 
obstacles which might restrict the opportunities for part-time work and, if necessary, 
get  rid  of  them.  This  will  help  to  make  the  labour  market  more  flexible,  with  the 
eventual aim of boosting the employment-intensity  of growth. 

5.  DOES  THE  PROPOSAL  CONTAIN  MEASURES  TO  TAKE  ACCOUNT  OF  THE  SPECIFIC 
SITUATION  OF  SMALL  AND  MEDIUM-SIZED  FIRMS  (REDUCED  OR  DIFFERENT 
REQUIREMENTS,  ETC.)? 

See points 24-29 of the explanatory memorandum accompanying the proposal. 

Consultation 

6. 

LIST  THE  ORGANISATIONS WHICH  HAVE BEEN  CONSULTED ABOUT THE  PROPOSAL 
AND OUTLINE THEIR MAIN VIEWS. 

All  the  representative  organisations2  were  given  an  opportunity  to  air  their  views 
during the first  phase of consultation. They were also invited by the Commission  to 
a consultation meeting on the framework  agreement.  As regards their positions, see 
points 20-23 of the explanatory memorandum. 

In conformity  with  the  Communication  concerning  the application  of the  Agreement  on  social  policy: 
COM(93) 600,  14.12.1993. 

16 

o?P 

ISSN 0254-1475 

COM(97) 392 final 

DOCUMENTS 

EN 

04  05  06 

Catalogue  number  :  CB-CO-97-430-EN-C 

ISBN  92-78-23810-4 

Office  for Official  Publications of the European Communities 

1.-2985 Luxembourg 

fo