Opinion of the Committee of the Regions on the 'Proposal for a Council Directive concerning the Framework Agreement on part-time work concluded by UNICE, the CEEP and the ETUC'
Date: 1998-03-12
Institutions: European Committee of the Regions
Subjects: European social policy, anti-discriminatory measure, equal treatment, framework agreement, part-time employment, professional association

C 180/72

EN

Official Journal of the European Communities

11.6.98

Opinion of the Committee of the Regions on the ‘Proposal for a Council Directive concerning
the Framework Agreement on part-time work concluded by UNICE, the CEEP and the
ETUC’

THE COMMITTEE OF THE REGIONS,

(98/C 180/13)

having regard to the Commission’s decision, under Article 3 of the Protocol on Social Policy
annexed to the Treaty establishing the European Communities to ask the social partners to
what extent they wished to address the issue of part-time work/atypical work;

having regard to the tripartite framework agreement on part-time work concluded on 6 June
1997 by UNICE, the CEEP and the ETUC;

having regard to the Commission’s proposal of 27 July 1997 (1) to upgrade the tripartite
agreement into an EU directive;

having regard to the Presidency’s conclusions at the Amsterdam Summit held on 16 and
17 June 1997;

having regard to its decision of 26 November 1997, under Article 198C, fourth paragraph, of
the Treaty establishing the European Community to issue an opinion on this matter and to
instruct Commission 8: Economic and Social Cohesion, Social and Labour Market Questions
to draw up that opinion;

having regard to the draft opinion (CdR 398/97 rev.) adopted by Commission 8 on 27 November
1997 (rapporteurs: Ms U. Ollander and Mr S. Andersen),

adopted the following opinion at its plenary session on 12 and 13 March 1998 (meeting of
12 March).

1.

Introduction

2. How the negotiations were pursued

The agreement on part-time work sprang from the
Commission proposal of 16 August 1990, which was inter
alia incorporated in the Commission Action Programme
for implementing the Community Charter of the Funda-
mental Social Rights of Workers.

The original proposal contained: (i) a draft directive
on working conditions related to certain terms of
employment, (ii) a draft directive, which was sub-
sequently adopted, on measures to improve industrial
health and safety for part-timers and (iii) a proposal on
competition distortions linked to certain conditions of
employment.

The Commission proposal was redrafted by the new
Belgian Presidency and submitted to the Council for
discussion as a draft directive on atypical conditions of
employment. The draft was not adopted. The subsequent
German Presidency reworked the Belgian draft and
tabled a new compromise proposal, which was not
adopted either.

No real progress was achieved until the Commission
consulted the European-level social partners (CEEP,
UNICE and ETUC) under Article 3 of the Protocol on
Social Policy annexed to the Treaty establishing the
European Communities.

The social partners addressed the issue and reopened
negotiations within the nine-month deadline stipulated
in Article 3(4) of the Protocol.

(1) COM(97) 392 final.

Given the substantial economic interests involved in
negotiations on working conditions for part-timers, the
social partners were, not surprisingly, unable to conclude
their work within the nine-month deadline.

The partners therefore requested a further extension
which was granted by the Commission.

In mid-April 1997, the partners reached a consensus and
the agreement was signed on 6 June 1997, after it had
been endorsed by the competent bodies in the three
organizations.

3. The Framework Agreement’s objectives

The agreement is designed: a) to pave the way for
abolishing discrimination against part-time workers and
b) to improve the quality of part-time work. It also
seeks to facilitate the expansion of voluntary part-time
working and to encourage flexitime in keeping with the
needs of both employers and workers.

4. The Agreement’s scope

The agreement applies to part-time workers as defined
under national practice.

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Official Journal of the European Communities

C 180/73

5. The Agreement’s content

Non-discrimination and genuine possibilities for part-
time work are the main planks of the agreement.

The agreement thus makes a significant contribution to
improving the position of women on the labour market.
It constitutes a step towards equality of opportunity by
making part-time work a real possibility for an extremely
high number of women wishing to enter the labour
market.

The fact that it is an outline agreement emphasizes the
scope for adjusting it to actual labour market conditions
at local and regional level.

6. Summary and conclusions

This second European agreement between European-
level social partners contributes significantly to im-
proving efficiency on the labour market. It reflects the
delicate balance between the interests of employers and
workers, a balance which we must be careful not to
destroy.

Despite our sympathy with calls from some quarters for
improvements for part-time workers, e.g. in the area of
pensions, we must respect the agreement as it stands if
we wish to continue developing the labour market on
the basis of agreements.

Brussels, 12 March 1998.

The European labour market differs considerably from
its American and Japanese counterparts. But the demand
for efficiency and productivity is echoed throughout all
labour markets in a globalized world economy.

The European labour market can develop positively and
effectively on the basis of agreements. The outline
agreement must therefore be welcomed as a constructive
contribution to local and regional expansion.

The municipal, local and regional authorities are all
substantial players on the European labour market,
since they employ a large proportion of part-time
workers. It is therefore decisive, but also extremely
positive, that the agreement is a framework agreement.

The agreement gives the regional, local and municipal
authorities the opportunity to make their labour markets
more efficient and to make adjustments designed to
boost employment.

Stability of employment is contingent on an efficient
economy capable of maintaining and expanding the
number of jobs. An effective economy needs to be tuned
to regional and local conditions and any financial costs
should be dealt with in the normal manner, in the
individual Member States.

The new framework agreement on part-time work is an
important step in this direction. The Committee of the
Regions therefore endorses it.

The Chairman

of the Committee of the Regions

Manfred DAMMEYER