Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex : Framework agreement on part-time work
Date: 1997-12-15
Institutions: Council of the European Union
Subjects: European social policy, anti-discriminatory measure, equal treatment, framework agreement, part-time employment, professional association

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COUNCIL DIRECTIVE 97/81/EC

of 15 December 1997

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,

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

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

request

that

‘the completion of

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

result
conditions while

forms of employment other

these

(. . .)

(4) Whereas the Council has not reached a decision on
the proposal for a Directive on certain employment
relationships with regard to distortions of competi-
tion (1), as amended (2), nor on the proposal for a
Directive on certain employment relationships with
regard to working conditions (3);

(5) Whereas the conclusions of

stressed the need to take measures

the Essen European
Council
to
promote employment and equal opportunities for
women and men, and called for measures with a
view to increasing the employment-intensiveness of

(1) OJ C 224, 8. 9. 1990, p. 6.
(2) OJ C 305, 5. 12. 1990, p. 8.
(3) OJ C 224, 8. 9. 1990, p. 4.

growth, in particular by a more flexible organization
of work in a way which fulfils both the wishes of
employees and the requirements of competition;

(6) 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 flex-
ible working time and job security;

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

(8) Whereas the general cross-industry organizations, the
Union of Industrial and Employer’s Confederations
of Europe (UNICE), the European Centre of Enter-
prises with Public Participation (CEEP) and the
European Trade Union Confederation (ETUC)
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 Agreement on social
policy; 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;

(9) Whereas

the

said

cross-industry

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

(10) Whereas

in

the Council,

its Resolution

of
6 December 1994 on prospects for a European
Union social policy: contribution to economic and
social convergence in the Union (4), asked manage-
ment 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;

(11) Whereas the signatory 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 demon-
strated their desire to establish a general framework

(4) OJ C 368, 23. 12. 1994, p. 6.

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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;

constraints in a way which would hold back the crea-
tion and development of small and medium-sized
undertakings’;

(12) 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;

(13) Whereas, in the conclusions of the Amsterdam Euro-
pean Council, the Heads of State and Government of
the European Union strongly welcomed the agree-
ment concluded by the social partners on part-time
work;

(14) 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 national authorities the
choice of form and methods;

(15) Whereas,

as

set out
the objectives of

and proportionality
the Treaty,

in accordance with the principles of
in
subsidiarity
Article 3(b) of
this
Directive cannot be sufficiently achieved by the
Member States and can therefore be better achieved
by the Community; wheres this Directive does not
go beyond what is necessary for the attainment of
those objectives;

(16) Whereas, with regard to terms used in the Frame-
work Agreement which are not specifically defined
therein, this Directive leaves Member States free to
define those terms in accordance with national law
and practice, as is the case for other social policy
Directives using similar terms, providing that the
said definitions respect the content of the Frame-
work Agreement;

(17) Whereas the Commission has drafted its proposal for
a Directive, in accordance with its Communication
of 14 December 1993 concerning the application of
the Protocol
(No 14) on social policy and its
Communication of 18 September 1996 concerning
the
at
the
Community level, taking into account the represen-
tative status of the signatory parties and the legality
of each clause of the Framework Agreement;

development

dialogue

social

of

(18) Whereas the Commission has drafted its proposal for
a Directive in compliance with Article 2(2) of the
Agreement on social policy which provides that
Directives in the social policy domain ‘shall avoid
legal
imposing

administrative,

financial

and

(19) Whereas the Commission,

in accordance with its
Communication of 14 December 1993 concerning
the application of the Protocol
(No 14) on social
policy,
informed the European Parliament by
sending it the text of its proposal for a Directive
containing the Framework Agreement;

(20) Whereas

the Commission also
Economic and Social Committee;

informed

the

(21) Whereas Clause 6.1 of the Framework Agreement
provides that Member States and/or the social part-
ners may maintain or introduce more favourable
provisions;

(22) Whereas Clause 6.2 of the Framework Agreement
provides that implementation of this Directive may
not serve to justify any regression in relation to the
situation which already exists in each Member State;

(23) Whereas the Community Charter of

the Funda-
mental Social Rights of Workers recognizes the
importance of the fight against all forms of discrim-
ination, especially based on sex, colour, race, opinion
and creed;

rights,

the Union shall respect

the Treaty on European
(24) Whereas Article F(2) of
funda-
Union states that
mental
as guaranteed by the European
Convention for the Protection of Human Rights and
Fundamental Freedoms and as they result from the
constitutional
traditions common to the Member
States, as general principles of Community law;

(25) Whereas the Member States may entrust the social
partners, at their joint request, with the implementa-
tion of
the Member
States take all the necessary steps to ensure that they
can at all times guarantee the results imposed by this
Directive;

this Directive, provided that

(26) 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 1

The purpose of this Directive is to implement the Frame-
work Agreement on part-time work concluded on 6 June
1997 between the general cross-industry organizations
(UNICE, CEEP and the ETUC) annexed hereto.

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Article 2

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive not later than 20 January 2000, or
shall ensure that, by that date at the latest, the social part-
ners have introduced the necessary measures by agree-
ment,
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 imple-
mentation by a collective agreement.

They shall
circumstances.

inform the Commission forthwith in such

When Member States adopt the measures referred to in
the first subparagraph, they shall contain a reference to
this Directive or shall be accompanied by such reference
on the occasion of their official publication. The methods
of making such a reference shall be laid down by the
Member States.

2. Member States shall communicate to the Commis-
sion the text of the main provisions of domestic law
which they have adopted or which they adopt in the field
governed by this Directive.

Article 3

This Directive shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 15 December 1997.

For the Council

The President

J.-C. JUNCKER

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ANNEX

UNION OF INDUSTRIAL AND EMPLOYERS’ CONFEDERATIONS OF EUROPE

EUROPEAN TRADE UNION CONFEDERATION

EUROPEAN CENTRE OF ENTERPRISES WITH PUBLIC PARTICIPATION

FRAMEWORK AGREEMENT ON PART-TIME WORK

Preamble

This Framework Agreement is a contribution to the overall European strategy 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 parties to consider the need
for similar agreements relating to other forms of flexible work.

Recognizing 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 develop-
ment of opportunities for part-time working on a basis acceptable to employers and workers.

This Agreement relates to employment conditions of part-time workers recognizing that matters concerning
statutory social security are for decision by the Member States. In the context of the principle of non-dis-
crimination, the parties to this Agreement have noted the Employment Declaration of the Dublin European
Council of December 1996, wherein the Council inter alia emphasized 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 this 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 (No 14) on social policy annexed to the Treaty establishing the Euro-
pean Community.

The parties to this Agreement ask the Commission, in its proposal to implement this Agreement, to request
that Member States adopt the laws, regulations and administrative provisions necessary to comply with the
Council decision within a period of two years from its adoption or ensure (1) that the social partners establish
the necessary measures by way of agreement by the end of this period. Member States may, if necessary to
take account of particular difficulties or implementation by collective agreement, have up to a maximum of
one additional year to comply with this provision.

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

General considerations

1. 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 Articles 3(4) and 4(2)
thereof;

2. Whereas Article 4(2) of the Agreement on social policy provides that agreements concluded at Commun-
ity level may be implemented, at the joint request of the signatory parties, by a Council decision on a
proposal from the Commission.

3. Whereas, in its second consultation document on flexibility of working time and security for workers, the

Commission announced its intention to propose a legally binding Community measure;

(1) Within the meaning of Article 2(4) of the Agreement on social policy of the Treaty establishing the European Com-

munity.

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4. Whereas the conclusions of the European Council meeting in Essen emphasized the need for measures to
promote both employment and equal opportunities for women and men, and called for measures aimed
at ‘increasing the employment intensiveness of growth, in particular by more flexible organization 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
enterprises;

6. Whereas this Agreement refers back to Member States and social partners for the arrangements for the
application of these general principles, minimum requirements and provisions, in order to take account of
the situation in each Member State;

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 me-
dium-sized undertakings;

8. Whereas the social partners are best placed to find solutions that correspond to the needs of both
employers and workers and must therefore be given a special role in the implementation and application
of this Agreement.

THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING:

Clause 1: Purpose

The purpose of this Framework Agreement is:

(a) to provide for the removal of discrimination against part-time workers and to improve the quality of part-

time work;

(b) to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible
organization of working time in a manner which takes into account the needs of employers and workers.

Clause 2: Scope

1. This Agreement applies to part-time workers who have an employment contract or employment relation-

ship as defined by the law, collective agreement or practice in force in each Member State.

2. Member States, after consultation with the social partners in accordance with national law, collective
agreements or practice, and/or the social partners at the appropriate level in conformity with national
industrial relations practice may, for objective reasons, exclude wholly or partly from the terms of this
Agreement part-time workers who work on a casual basis. Such exclusions should be reviewed periodically
to establish if the objective reasons for making them remain valid.

Clause 3: Definitions

For the purpose of this agreement:

1. The term ‘part-time worker’ refers to an employee whose normal hours of work, calculated on a weekly
basis or on average over a period of employment of up to one year, are less than the normal hours of
work of a comparable full-time worker.

2. The term ‘comparable full-time worker’ means a full-time worker in the same establishment having the
same type of employment contract or relationship, who is engaged in the same or a similar work/
occupation, due regard being given to other considerations which may include seniority and qualification/
skills.

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,
in accordance with national law, collective agreements or practice.

Clause 4: Principle of non-discrimination

1. In respect of employment conditions, part-time workers shall not be treated in a less favourable manner
than comparable full-time workers solely because they work part time unless different treatment is justi-
fied on objective grounds.

2. Where appropriate, the principle of pro rata temporis shall apply.

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3. The arrangements for the application of this clause shall be defined by the Member States and/or social
partners, having regard to European legislation, national law, collective agreements and practice.

4. Where justified by objective reasons, Member States after consultation of the social partners in accordance
with national law, collective agreements or practice and/or social partners may, where appropriate, make
access to particular conditions of employment subject to a period of service, time worked or earnings
qualification. Qualifications relating to access by part-time workers to particular conditions of employ-
ment should be reviewed periodically having regard to the principle of non-discrimination as expressed in
Clause 4.1.

Clause 5: Opportunities for part-time work

1. In the context of Clause 1 of this Agreement and of the principle of non-discrimination between part-

time and full-time workers:

(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 the
opportunities for part-time work and, where appropriate, eliminate them;

(b) the social partners, acting within their sphere of competence and through the procedures set out in
collective agreements, should identify and review obstacles which may limit opportunities for part-
time work and, where appropriate, eliminate them.

2. A worker’s refusal to transfer from full-time to part-time work or vice-versa should not in itself constitute
a valid reason for termination of employment, without prejudice to termination in accordance with
national law, collective agreements and practice, for other reasons such as may arise from the operational
requirements of the establishment concerned.

3. As far as possible, employers should give consideration to:

(a) requests by workers to transfer from full-time to part-time work that becomes available in the es-

tablishment;

(b) requests by workers to transfer from part-time to full-time work or to increase their working time

should the opportunity arise;

(c) the provision of timely information on the availability of part-time and full-time positions in the es-

tablishment in order to facilitate transfers from full-time to part-time or vice versa;

(d) measures to facilitate access to part-time work at all levels of the enterprise, including skilled and
managerial positions, and where appropriate, to facilitate access by part-time workers to vocational
training to enhance career opportunities and occupational mobility;

(e) the provision of appropriate information to existing bodies representing workers about part-time

working in the enterprise.

Clause 6: Provisions on implementation

1. Member States and/or social partners may maintain or introduce more favourable provisions than set out

in this agreement.

2. Implementation of the provisions of this Agreement shall not constitute valid grounds for reducing the
general level of protection afforded to workers in the field of this agreement. This does not prejudice the
right of Member States and/or social partners to develop different legislative, regulatory or contractual
provisions, in the light of changing circumstances, and does not prejudice the application of Clause 5.1 as
long as the principle of non-discrimination as expressed in Clause 4.1 is complied with.

3. This Agreement does not prejudice the right of the social partners to conclude, at the appropriate level,
including European level, agreements adapting and/or complementing the provisions of this Agreement
in a manner which will take account of the specific needs of the social partners concerned.

4. This Agreement shall be without prejudice to any more specific Community provisions, and in particular

Community provisions concerning equal treatment or opportunities for men and women.

5. The prevention and settlement of disputes and grievances arising from the application of this Agreement

shall be dealt with in accordance with national law, collective agreements and practice.

6. The signatory parties shall review this Agreement, five years after the date of the Council decision, if

requested by one of the parties to this Agreement.