WRITTEN QUESTION P-0530/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Contract workers with the Greek Public Power Corporation (DEI) at Ptolemais.
Date: 2003-02-18
Institutions: European Parliament, Provisional data
Subjects: Greece, competence of the Member States, equal treatment, labour law, temporary employment, work contract, working conditions

18.9.2003

EN

Official Journal of the European Union

C 222 E/213

(cid:1) In light of the above, if Mr Cavallera did not obtain his diploma in Spain on the basis of training
undertaken in this Member State, the Italian authorities were not obliged, under Directive 89/48/EEC,
to recognise his Spanish qualification in order to exempt him from the test required for entry into the
register of engineers. The proposal for a directive on the recognition of professional qualifications
submitted by the Commission on 7 March 2002 does not alter this analysis. On the contrary,
Community law does not prevent a Member State from applying more favourable rules based on
national law.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and training of at least three years’ duration (cid:1) OJ L 19,
24.1.1989.

(2003/C 222 E/241)

WRITTEN QUESTION P-0530/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 February 2003)

Subject: Contract workers with the Greek Public Power Corporation (DEI) at Ptolemais

For a number of years, DEI at Ptolemais has employed a large number of workers through a contractor
(intermediary employer). The contractor may be the same or a different natural person over the years but
the workers are employed to do the same job, which is determined by DEI and not the contractor. As the
workers concerned perform the same job as DEI’s permanent employees, will the Commission say for what
period of time they can be described as temporary contract workers who have a lower level of labour
rights and insurance entitlements?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 March 2003)

The Honourable Member’s question relates to the situation of workers who for a considerable number of
years have been recruited by a recruitment agency to work in the Greek Public Power Corporation (DEI),
doing work that is the same as that done by the corporation’s permanent staff but without having the
same protection or rights.

The Commission must point out that it cannot comment on a matter which must be examined in line
with national law.

However, it may be useful to mention two types of Community provisions which could be relevant to the
situation above. One is clause 5 of Council Directive 1999/70/EC of 28 June 1999 concerning the
framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (1), which provides that
Member States must take the necessary measures to prevent abuse arising from the use of successive fixed-
term employment contracts or relationships. The second is the Commission proposal for a Directive of
temporary workers (2) and the amended proposal of
20 March 2002 on working conditions for
28 November 2002 (3). Article 5 of these texts sets out the fundamental principle of equal treatment of
temporary workers and workers in the user undertaking. In the amended version of the proposal, this
principle is defined as follows: ‘The basic working and employment conditions of temporary workers shall
be, for the duration of their posting at a user undertaking, at least those that would apply if they had been
recruited directly by that enterprise to occupy the same job’. This text has already been approved by
Parliament at first reading (opinion of 21 November 2002) and is currently being discussed by the
Council.

(1) OJ L 175, 10.7.1999.
(2) OJ C 203 E, 27.8.2002.
(3) COM(2002) 701 final.