Source: EURLEX
Language: en
Format: md

###### **COMMISSION OF THE EUROPEAN COMMUNITIES**

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                        COM(91) 511 final

                        Brussels, 5 December 1991

###### **FIRST REPORT** **ON THE APPLICATION** **OF THE COMMUNITY CHARTER** **OF THE FUNDAMENTAL** **SOCIAL RIGHTS OF WORKERS**

                  (PRESENTED BY

          THE COMMISSION OF THE EUROPEAN COMMUNITIES

       TO THE EUROPEAN COUNCIL, THE EUROPEAN PARLIAMENT AND

            THE ECONOMIC AND SOCIAL COMMITTEE)

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                    - 2 
  IMPLEMENTATION OF THE CHARTER

1. The Charter, as a European act, merely states and notes the rights
  which were the subject of deliberations in the European Council in
  Strasbourg in December 1989. In itself, it has no effect on the
  existing legal situation.

  This is why the draft Charter, as presented by the Commission on
  27 September 1989^ [1] ^, referred to an action programme with a set of

  related instruments and called for a mandate from the European

  Council relating to the most urgent aspects of implementation of the

  principles set out in the Charter which could be covered by the

  provisions of the EEC Treaty in the social field.

  Under the terms of point 28 of the Community Charter of the
  Fundamental Social Rights of Workers, the European Council invites
  the Commission to submit as soon as possible initiatives which fall
  within its powers, as provided for in the Treaties, with a view to
  the adoption of legal instruments for the effective implementation,
  as and when the internal market is completed, of those rights which
  come within the Community's area of competence.

  The Commission of the European Communities' response to this
  invitation was the action programme relating to the implementation
  of the Community Charter of Basic Social Rights for Workers^ [2] ),
  drawn up under the responsibility of Mrs Papandreou.

  It features 47 separate initiatives, not all of which come within

  the jurisdiction of the Council of Ministers.

  For its part, the European Council called upon the Council "to
  deliberate upon the Commission's proposals in the light of the
  social dimension of the internal market and having regard to
  national and Community responsibiIities"^ [3] ^.

  THE REPORT ON APPLICATION OF THE CHARTER

  Under the terms of points 29 and 30, the Community Charter of the
  Fundamental Social Rights of Workers stipulates that the Commission
  shall establish each year, during the last three months, a report on
  the application of the Charter by the Member States and by the
  European Community.

  Point 30 states that the report shall be forwarded to the European

  Council, the European Parliament and the Economic and Social

  Committee.

(1) See point 31 of the draft.

(2) C0M(89) 568 final, Brussels, 29 November 1989.

(3) Presidency Conclusions, European Council, Strasbourg, 8 and

  9December1989.

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                  - 3

This is the first such report presented by the Commission. It has
been updated to 1 November 1991 and comprises two parts, the first
setting out what the Community has achieved and the second what has
been done by the Member States.

The concluding chapter discusses the difficulties which have already
been noted by the European Council.

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O F

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         P A R T O N E :

        A P P L I C A T I O N

 B Y T H E E U R O P E A N C O M M U N I T Y

 O F T H E C O M M U N I T Y C H A R T E R

T H E F U N D A M E N T A L S O C I A L R I G H T S

        O F W O R K E R S

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                   - 5 
  INTRODUCTORY REMARKS

3. This first part is concerned essentially with the work done by the
  Commission on implementing the Community Charter of the Fundamental
  Social Rights of Workers in the fields in which the Commission has
  jurisdiction. It is necessary to underline that the social
  dimension of the European space features in a range of other
  proposals on such matters as the European company, the mutual
  recognition of certificates and diplomas, the right of residence,
  labour protection, in the framework of technical rules and
  standardisation, pension funds, and the social provisions of
  directives on public contracts.

  Therefore, this report is restricted to the initiatives announced by
  the Commission in its action programme relating to the
  implementation of the Community Charter of the Fundamental Social
  Rights of Workers^ [1] >.

4. The Commission wishes to point out that, in its initiatives
  presented under the above action programme and aimed at improving
  workers' living and working conditions, it regards the following
  three principles as cardinal:

    the principle of subsidiarity, having regard to the specific
    nature of the social sphere, whereby the type of action has to
    be matched to the subject matter (e.g. harmonisation,
    coordination, convergence, cooperation, etc.), and giving due
    consideration to known needs and to the potential added value of
    Communi ty act ion;

    the principle of the diversity of national systems, cultures and
    practices, where this is a positive element in terms of the
    completion of the internal market.

    the preservation of the competitiveness of undertakings, while
    coneiling the economic and social dimensions. In each
     initiative a balance must be sought and reached.

  This is the essential background to the Commission's action
  programme, which seeks to establish a sound base of minimum
  provisions, having regard on the one hand to the need to avoid any
  distortion of competition, and on the other to support moves to
  strengthen economic and social cohesion and contribute to the
  creation of Jobs, which is the prime concern of completion of the
  internal market.

5. The method adopted by the Commission for implementing these
  initiatives features a broad measure of prior consultation of the
  Member States and of the social partners (within the context of the
  advisory committees or the social dialogue).

  Regarding the social dialogue, the Commission would stress the
  positive contribution made by the social partners in the
  implementation of the Social Charter, with the adoption of five
  Joint opinions since the adoption of the Charter in the fields of
  education, training and the labour market:

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                    - 6 
    Joint opinion on the creation of a European occupational and
    geographical mobility area and improving the operation of the
     labour market in Europe;

    Joint opinion on new technologies, work organization and
    adaptability of the labour market;

    Joint opinion on education and training;

    Joint opinion on the transition from school to adult and working
     I ife;

    Joint opinion on modalities of access to training.

  By 1 November 1991, the Commission has now presented virtually all
  the initiatives announced in the action programme (cf. Table in
  Annex II). The few remaining proposals shall be presented shortly
  to the Council and the European Parliament. The Commission which
  committed itself to present all 47 initiatives contained in the
  action programme before the end of 1991 has fulfilled its
  commitment.

6. Express mention needs to be made here of the important roles played
  by the European Parliament and the Economic and Social Committee.

  The European Parliament has consistently made the point that the
  social dimension is a fundamental condition of completion of the
  internal market, and despite Parliament's criticism of certain
  specific aspects of its proposals, the Commission can only endorse
  Parliament's view that: "The European Community is now putting
  forward two new blueprints for the [European social] model's future
  legal developments: the Community Charter of the Fundamental Social
  Rights of Workers and the forthcoming European Citizens' Statute,
  which is expected to be unveiled as part of Political Union in
  parallel with the reforms of Economic and Monetary Union"* [2] ).

7. The Economic and Social Committee has played a constructive role,
  particularly in the phase leading up to the adoption of the Charter,
  and its opinions make a positive contribution to the progressive and
  consistent implementation of social policy.

8. For its part, the Council has adopted various proposals for
  instruments presented by the Commission under the action programme
  (cf. Annex II). However, the Commission has to express its
  disappointment at the slow rate at which the Council has been taking
  decisions on a number of proposals.

9. The structure of the first part of this report follows that of the
  Charter and the action programme (the same structure is followed in
  the second part for most of the Member States in their national
  reports).

(2) European Parliament, Social Affairs, Draft report on the European
labour market after 1992, Part XI: The European social model, EP
151.130/XI of 30 Mav 1991.

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                   - 7 
  A table setting out the progress and current status of the
  Commission's various initiatives is appended to the report.

  LABOUR MARKET

10. The action programme relating to the implementation of the Charter
  adheres, with a few exceptions, very closely to the structure of the
  Charter proper.

  One of these exceptions is the inclusion of an additional chapter
  devoted to the labour market, and introducing the various
   initiatives described in the subsequent chapters.

  The Community's top priority has always been to create Jobs and
  reduce unemployment.

   It is to this end that work undertaken under the structural Funds is

  submitted to joint evaluation with the Member States. Since 1989,
   the "Employment in Europe" report has given a precise analysis of
  economic and labour market prospects. The third report - for 1991   was adopted by the Commission on 17 July 1991. This report is
   important in that it confirms the fact that the employment situation
  at the beginning of the 1990s is much more difficult than it was at
   the end of the 1980s. In the meantime, the Commission decided, on
   18 December 1990, to set up three Community initiatives under
  Council Regulation EEC/4253/88 concerning equal opportunities for
  women (NOW), handicapped persons and certain other disadvantaged
  groups (Horizon) and new qualifications, new skills and new
   employment opportunities (Euroform)* [1] ).

   A network of national employment coordinators has been set up with
   the dual role of devising a settled procedure for discussion on
   certain employment-related subjects and involving national
   authorities in the work of collecting information.

11. There are also a range of programmes seeking to enhance the
   effectiveness of Community and national measures designed to help
   specific groups or regions. Typical of these are the LEDA (local
   employment development action) programme and the ERGO action   research programme, which is designed to identify successful
   programmes and projects which benefit long-term unemployed adults
   and young people, and SPEC (support programme for employment
   creation), which was launched in 1990 and is designed to deal with
   changes resulting from completion of the internal market.

12. Finally, the Commission has sought to encourage the free movement of
   workers by improving the machinery for providing people in the
   Member States with information on job vacancies in other Member

   States.

   The second part of Regulation (EEC) 1612/68 on freedom of movement
   for workers within the Community concerns "clearance of vacancies

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                    - 8 
  and applications for employment". In other words, it lays down the
  arrangements for a system of job vacancy clearance and for
  cooperation between the central employment services of the Member
  States and the Commission with a view to facilitating worker
  mobility within the Community.

  The shortcomings and limitations of the system, known as SEDOC
  (European System for the International Clearing of Vacancies and
  Applications for Employment) have become evident over the years,
  which is why, on 5 September 1991, the Commission adopted the
  proposal for a revision of the second part of Regulation (EEC)
  1612/68 on freedom of movement for workers within the Community( [2] ^.

  One of the aims of this exercise is to provide a guarantee to Job
  seekers looking for work in a different Member State of the
  provision by the central employment service in their country of
  residence of a service of a standard and rapidity at least
  equivalent to the kind of service they would obtain if they were to
  move to the Member State where they are seeking work.

  EMPLOYMENT AND REMUNERATION

13. In its action programme relating to the implementation of the
  Community Charter, the Commission took the view that "faced with the
  considerable development of very varied forms of employment

  contracts other than those of an open-ended type, there should be a
  Community framework ensuring a minimum of consistency between these
  various forms of contract in order to avoid the danger of
  distortions of competition and to increase the transparency of the
   labour market at Community level".

  Hence, in application of the Charter and as announced in its action
  programme, the Commission has proposed a set of fundamental
  provisions in respect of certain employment relationships. This is
  a general approach, paralleled by specific instruments to meet three
  specific needs:

     to improve the functioning of the internal market and to make
     the labour market more transparent within the context of

     economic and social cohesion (legal basis Article 100a of the
     EEC Treaty);

     to improve living and working conditions for workers (legal
     basis Article 100 of the EEC Treaty);

     to protect the health and safety of workers at workC) (legal
     basis Article 118a of the EEC Treaty).

14. The Commission takes the view that there can be no question here of

   casting doubt on the need for these particular forms of employment

(2) C0M(91) 316 final, SYN 359, Brussels, 5 Septembre 1991; OJ C 254 of
   28.09.1991, p. 9.
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                    - 9 
  relationship, which are held to be essential in terms of a coherent
  strategy for growth and Jobs. The point here is to define a number
  of basic provisions which on the one hand respect the need for

  businesses to be flexible, and on the other take into account the

  aspirations of workers, allowing for the wide range of situations in
  the Member States and the bargaining autonomy of the two sides of
  industry.

  To avoid a disproportionate level of administrative expenditure, the
  Commission has proposed that the two directives concerning
  approximation of Member States' provisions in respect of the above
  employment relationships in terms of working conditions (Article
  100) and distortions of competition (Article 100a) should not apply
  to employed persons whose average working week is less than eight

  hours.

15. Of the three proposals, only that based on Article 118a has so far
  been adopted by the Council of Ministers - on 25 June 1991< [2] ).

  Work on the proposal based on Article 100a is progressing slowly,
  and very little progress has been made on the proposal based on
  Article 100 of the EEC Treaty. This latter proposal has been
  rejected by the European Parliament.

   IMPROVEMENT OF LIVING AND WORKING CONDITIONS

16. It its communication on its action programme relating to the
   implementation of the Community Charter, the Commission announced
   its intention of submitting a proposal for a Council Directive on
   the reorganization of working time.

   In recent years, there has been an increasing trend towards
  dissociating individual working time from plant operating hours in
  most of the Member States. Thanks to this tendency, which has
   helped to increase capacity utilization and improve access to
   services with longer opening hours, firms are free to adapt to
   changing market conditions and to make more flexible use of
   productive equipment while at the same time cutting unit production
   costs. This same phenomenon also enables workers to organize their
   working time to suit their personal social and cultural needs and
   aspirations. By, in many cases, allowing variations around an
   average working time laid down in collective agreements, the trend
   towards reduced working time has helped to dissociate plant
   operating hours and individual working time.

17. This is why the proposal for a Council Directive concerning certain
   aspects of the organization of working time^ [1] ^ contains a basic set
   of minimum provisions regarding minimum daily and weekly rest
   periods, and minimum conditions regarding shift work, night work and

(2) Council Directive of 25 June 1991 (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. OJ L 206 of 29.7.1991, p.19
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                    - 10 
  health and safety protection for workers subject to changes of

  rhythm in their working hours.

  Discussions in the Council have not yet. led to the establishment of

  a common pos i t i on.

18. On 28 November 1990, the Commission adopted a proposal for a

  Directive on provision of a form of proof of an employment
  reiat ionship^ [2] ).

  The essential aim behind this proposal is to create a balance

  between the interests of workers in being aware of the essential

  nature and content of their employment relationship and that of

  businesses searching for new and more flexible forms of employment

   relationships geared to the needs of a modern economy. The proposal

   for a Directive thus makes a contribution to improving the

   transparency of a labour market which is undergoing change with

   potential for altering the situation of workers in the kind of

   employment relationship which generally falls outside the

   traditional pattern.

   Apart from the renewed potential for "black work", we are now
   witnessing the emergence of new forms of distance work, work
   experience schemes and mixed employment-training contracts, more
   flexible forms of part-time and full-time working and, in more
   general terms, the development of new forms of work which tend to
   obscure the situation of large numbers of workers, making it

   confused, uncertain and unstable. As a result, conventional

   concepts of what is meant by workers, employed persons, working
   time, etc. are no longer covered by conventional labour law.

   Under the proposal for a Directive, all workers should know for whom

   and where they are supposed to be working and what the essential

   conditions of the employment relationship are.

   This Directive was adopted on 14 October 1991( [3] ^.

19. On 18 September 1991, the Commission adopted a proposal for a
   Directive amending Directive 75/129/EEC concerning the approximation
   of Member States' legislation on collective redundancies^ [4] ^.

   Fifteen years of Directive 75/129 and the impact of the internal
   market on business restructuring have made it necessary to amend the
   original Directive. With transnational business restructuring
   gathering pace on the eve of completion of the internal market,
   redundancies are increasingly being decided at a higher level of
   business than that of the direct employer, i.e. by a company
   exercising control over a group, whether it be situated in the same
   Member State as the employer or in an entirely different one, or by
   the central management of a multiple-branch undertaking, with the
   actual employer being located in a different Member State entirely.

(2) COM(90) 563 final, 8 January 1991.
(3) Council Directive 91/533 of 14 October 1991 on an employer's

   obligation to inform employees of the conditions applicable to the
   contract or employment relationship, OJ L 288 of 18.10.1991, p. 32
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                    - 11 
  The proposal for a Directive widens the field of application of the
  existing Directive as regards redundancies decided by such decision  making centres, but ensures that such centres supply employers with
  all the information they need to inform and consult workers'
  representatives and notify the competent public authority of the
  plans. The proposal also seeks to extend workers' rights as regards
   information and consultation to cases of redundancy resulting from a
  court decision. In the approach chosen by the Commission, the
  proposal offers more flexibility for small businesses by stipulating
  that Member States do not have to provide for worker representation
   in establishments employing fewer than 50 workers.

20. The need to refocus Community attention on the immigration issue was
  brought out at the Hanover European Council of June 1988, which
  called on the Commission to draw up a report on the social
   integration of migrant workers.

  The European Council of 8 and 9 December 1989 called in turn for an
   inventory of national positions on immigration with a view to
  preparing the ground for a discussion of the matter in the Council.

  As regards the social and legal situation of immigrants from non  member countries in each of the Member States, the report on the
   "social integration of migrants from non-member countries residing
   permanently and legally in the Member States"( [fi] ) gave a first
   indication of the legal and de facto situation of immigrants.

  A second report entrusted by the Commission to a group of experts
   and entitled "Policies on immigration and the social integration of
  migrants in the European Community"^) made a major contribution to
   a more in-depth look at this question. The European Council of 14
   and 15 December 1990 took note of this latter report and asked the

   General Affairs Council and the Commission to "examine the most

   appropriate measures and actions regarding aid to countries of
   emigration, entry conditions and aid for social integration...". In
   addition the Commission adopted a Communication to the Council and
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`the European` `Parliament` `on immigration on 11 October` `1991` _(_ _[7]_ _K_

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   FREEDOM OF MOVEMENT

21. On 28 June 1991, the Commission put forward a proposal for a Council
   Directive concerning the posting of workers in the framework of the
   provision of services^ [1] ).

   The Commission's aims behind this proposal were to have the Council

   ensure that Member States coordinate their laws to establish a core

   of rules and regulations affording minimum protection. Such rules
   and regulations would have to be complied with in the host country
   by employers sending workers to work temporarily on the territory of

   the Member State in which the services are rendered.

(5) SEC(89) 924 final of 22 June 1989.

(6) SEC(90) 1813 final of 28 September 1990.

(7) SEC(91) 1855 final
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                    - 12 
  The importance of this proposal will be clear to all, especially as
   its scope extends to undertakings established outside the Community.

  Such undertakings are likewise subject to this core of rules and

  regulations in respect of their workers carrying out temporary work

  on the territory of a Member State.

22. Under the section of the action programme dealing with freedom of

  movement, the Commission undertook to submit a communication on

  supplementary social security schemes.

  The lack of coordination, the diversity and multiplicity of

  supplementary schemes and the fact that they are increasing in

   importance over statutory social security schemes make it a very

   complex matter to organize the transferability of rights in the

  event of worker mobility between the Member States.

   This is why the Commission adopted, on 17 July 1991, a
   "Communication on supplementary social security schemes''^ [2] ), which

   takes the form of a consultation and information document intended

   by the Commission to set in motion a Community-wide debate on

   supplementary retirement pension schemes.

   The analysis proposed by the Commission is presented in terms of the

   freedom of movement of workers and the coordination of social

   security matters pursuant to Article 51 of the EEC Treaty.

   The communication is not intended to make any kind of value
   judgement on existing national systems, but merely to present an
   inventory of problems posed by supplementary schemes in respect of
   worker mobiIi ty.

   The basic objective is to ensure that transfrontier worker mobility

   is no more of a problem than mobility within a single Member State.

   In other words, the point of the transferability of supplementary

   pension rights is to get rid of obstacles to the free movement of

   workers caused by the absence of Community provisions protecting

   such workers from the loss of their rights.

23. a) On 27 November 1990, the Commission adopted a communication to

     the Council on the living and working conditions of Community
     citizens resident in frontier regions, with special reference to
     frontier workers^ [3] ).

     Since the first communication on frontier populations
     (COM/85/529 final), the impetus imparted by the completion of

     the single market has prompted the Commission to submit to the

     Council a variety of ideas on the specific situation of frontier

     populat ions.

   b) The Commission will pronounce on the revision of Commission
     Regulation 1251/70 when the Council has completed its
     deliberations on the amendment of Regulation 1612/68/EEC.

(2) SEC(91) 1332.

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                    - 13 
  SOCIAL PROTECTION

24. Solidarity with the disadvantaged sections of the population is

  primarily a matter for the Member States.

  However, since the mid-1970s, the Community has become involved in
   these matters too. The two Poverty programmes 1975-1980 and 1984   1988 were Joined by the Council Decision of 18 July 1989

  establishing a new Community programme for the economic and social
   integration of the least privileged (1989-1994).

  There is a very real danger, if we are not careful, that the

   internal market will make certain sections of the population more

   vulnerable.

   Faced with the persistence of various forms of social exclusion, the

   Member States have tried to tackle the problem by instituting

   various forms of guaranteed resources for the worst-off.

25. In the Resolution passed on 29 September 1989 by the Council and the

   Ministers for Social Affairs meeting within the Council on the fight

   against social exclusion, the ministers showed how much importance

   they attached to supplementing economic development policies by

   policies of guaranteed resources geared to the situation in the

   various Member States.

   The same desire for solidarity prompted the proposal for a Council

   Recommendation on common criteria concerning sufficient resources
   and social assistance in the social protection systems^ [1] ).

   The aim behind this draft Recommendation is to get the Member States

   to recognize a general subjective right to a guarantee of

   sufficient, stable and reliable resources and benefits, and to

   organize the ways and means of implementing that right.

26. At the same time, and with a view to promoting a move to

   harmonization in the levels of social protection, the Commission has

   proposed, pursuant to its stated aims in the Social Charter action

   programme, a strategy for the convergence of Member States' social

   protection policies.

   This strategy, set out in the proposal for a Council Recommendation
   of 27 June 1991 on the convergence of social protection objectives

   and policies, sets out to be flexible, progressive and based on a
   voluntary approach on the part of the Member States^ [2] ).

   A strategy of this kind implies the definition at Community level of

   common objectives as regards the convergence of social protection

   policies, and sets out to advance the national social protection

   systems in accordance with the Community's general objectives.

(1) C0M(91) 161 final of 13 May 1991; OJ C 163 of 22.06.1991, p. 3
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                    - 14 
  This convergence strategy must be seen not so much as an isolated
  measure, but rather as part of a wider move towards economic and
  social integration and the prevention of social exclusion.

   INFORMATION, CONSULTATION AND PARTICIPATION

27. In presenting its proposal for a Council Directive on the
  establishment of a European Works Council in Community-scale
  undertakings for the purposes of informing and consulting
  workers^ [1] ), the Commission set out to give priority to
   transnational situations, while at the same time bearing in mind
   the principle of subsidiarity as regards the regulatory level and
   the role of the two sides of industry.

   Thus, the proposal has no effect on internal information and
   consultation procedures within the Member States regarding national
   undertakings, which remain subject to the legislation and practices

  of the Member States. The proposal covers only European-scale
   undertakings and groups of undertakings.
   In this field, more so perhaps than in others, it is important to
   stress the respect shown for the social partners' bargaining

   autonomy.

   The joint opinion adopted in March 1987 within the framework of the
   social dialogue involving the ETUC, UN I CE and CEEP was taken into
   account not only in terms of the minimum requirements set out in
   the proposal in respect of information and consultation of workers,
   but also in terms of the conditions for the setting up of a
   European Works Council. Here, it is primarily up to the social
   partners to decide on the nature, composition, functions and powers
   of any such council, along with its rules of procedure. Only where
   it proves impossible to reach agreement do the prescribed minimum
   provisions need to be applied.

28. The Community instrument on equity-sharing and financial
   participation by workers, announced in the Commission's action

   programme, takes due account of the latest developments and of
   present policies in this area within the Community^ [2] ). It relates

   essentially to participation by employees in their companies'
   profits and asset formation and to equity-sharing, and seeks to
   cover neither all aspects of general capital formation policies nor
   measures aimed at the population at large or specific categories
   outside the occupational context.

   The choice of the Council Recommendation instrument is justified by
   the nature of the subject, for which a non-binding instrument
   appeared to be more suitable^ [3] ).

   There is a wide disparity in the types of financial participation

   schemes currently in operation in the various countries. Their

(1) C0M(90) 581 final, Brussels, 25 January 1991.

(2) C0M(91) 259 final, Brussels, 3 Septembre 1991.
(3) Proposal for a Council recommendation concerning the promotion of
   employee participation in profits and enterprise results (including

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                    - 15 
  legal and tax statuses differ widely, ranging from cash bonuses and
  profit-sharing and other forms of deferred participation to special
  equity-sharing schemes, such as the free distribution of shares to
  employees or the offer of shares on preferential terms, through
  share purchase option schemes available to all employees or just to
  executives, to share-holding trusts or company buyouts.

  The Recommendation is principally concerned with company-interna I
  collective, continuing and participatory schemes (with direct or
  indirect involvement) based on company results.

  The draft Recommendation's designated objective is to encourage
  wide-ranging usage of the various forms of employee participation in
  company profits and trading results, either by profit sharing or by
  equity-shareholding or by a combination of the two.

  EQUAL TREATMENT FOR MEN AND WOMEN

29. Substantial progress has been made since the first action programme
  on equal opportunities for women in 1982.

  A number of directives are already in place and form a complex
  fabric of legislation which, when incorporated into national laws
  and regulations, guarantees the formal equality of men and women.

  However, there is still some way to go before formal equality

  becomes de facto equality.

  The Commission's aim is to make the transition from equal treatment
   to equal opportunities, which explains why the third medium-term
  Community action programme on equal opportunities for men and women,
  adopted by Commission on 17 October 1990, places less stress on the
   legal side and more on facilitating access to the labour market,
   improving the quality of employment, reconciling working life and
   family responsibility and improving the status of women in society.

   The Council adopted its Resolution of 21 May 1991( [1] ), recognizing
   "the need to adopt an overall integrated approach allowing the
   policies on equality to be given full effect".

30. Based on Article 118a of the EEC Treaty, the proposal for a
   Directive concerning the protection at work of pregnant women or
   women who have recently given birth constitutes an individual
   directive within the meaning of Framework Directive 89/391/EEC on
   the introduction of measures to encourage improvements in the safety
   and health of workers at work^ [2] ).

   Its aim is to improve the standard of protection of pregnant women
   or women who have recently given birth, regarded as a risk group
   within the meaning of the above Framework Directive, without causing
   any deterioration in their working conditions and more particularly

(1) OJ C 142 of 31.5.1991, p.1
```

_**•i**_ **oo** **-.•*** **<trt** **£>** _**A**_ _**f\or\**_ **-»**

```
                    - 16

  their situation on the labour market. The measures contained in

  this proposal relate to leave arrangements, duration of work and
  employment rights on the one hand, and working conditions, including
  exposure to agents liable to affect their health, on the other. It
  also contains a particular reference to the burden of proof in case
  of a dispute.

  This proposal for a Directive is in response to a major and specific
  need; on a number of occasions, the European Parliament has
  underlined the urgency of this initiative as contributing
  significantly to the promotion of health and safety of workers at

  work.

  The Council arrived at a common position on 3 December 1991.

31. Reconciling childcare and child education obligations with parents'
  employment and training is essential if there is to be true equality
  of opportunity for men and women.

   In all the Member States, demand for childcare facilities exceeds

  supply, with the lack of good-quality and affordable facilities
  constituting a major obstacle to women finding jobs and playing
   their full part in work and vocational training.

  The Commission intends to take steps to encourage childcare
   facilities and has already drawn attention to the fact that finance
   is available in this field under Community support frameworks.

   However, going beyond specifically targeted measures, the Commission
   has sought to draw up Community guidelines for a comprehensive
   policy on the part of the Member States on childcare, along with a
   programme for the consistent and gradual application of this policy.
   This resulted in a proposal for a Council recommendation on child
   care^ [3] ), adopted by the Commission on 4 July 1991 and presented to
   the Council on 8 July 1991.

   VOCATIONAL TRAINING

32. Community action programmes in the field of vocational training have
   made enormous progress since 1987 in the wake of the adoption of the
   COMETT programme. The adoption in the meantime by the Council of a
   series of other action programmes demonstrates the importance
   attached throughout the Community to vocational training as an
   instrument of economic and social policy.

   These programmes have been consistently supported by the European

   Parliament and the Economic and Social Committee and now form a

   complex fabric which is, however, still somewhat lacking in

   coordinat ion.

   To deal with this shortcoming, the Commission put forward a

   memorandum on the rationalization and coordination of vocational
   training programmes at Community level^ [1] ^.

(3) C0M(91) 233 final, OJ C 242 of,17.09.1991, p. 3
m C0Mf90} 334 final. Brussftls 21 Aiinn<st 1QQn

```

```
                    - 17 
  The element common to all programmes such as COMETT, EUROTECNET,

  ERASMUS, LINGUA, TEMPUS, PETRA, IRIS, FORCE and the exchange of

  young workers programme is that they centre on the development of

  training measures, be they initial or continuing.

   In addition, there are other Community programmes which comprise
  training elements or have implications for training policy^ [2] ).

33. The action programme relating to the implementation of the Community
  Charter of the Fundamental Social Rights of Workers pointed out that
   "the challenges faced by the Community as a whole with the creation
  of the internal market, against a background of continuing
   technological, social and demographic change, makes concerted action
   in the training field indispensible".

  The aim of the memorandum is precisely this: to establish an overall
   framework of reference which can be used in future in locating and
  managing all Community initiatives and actions in the context of the
   development of the common vocational training policy based on
  Article 128 of the Treaty and in ensuring a we I I-coordinated
   approach to the development of Community measures designed to
   improve the quality of human resources in the Community and in the
   wider Europe. This framework is intended to streamline the
   Commission's different training initiatives, and also to enable the
   Commission to ensure the necessary interrelationships and
   coordination with other Community policies which contribute to the
   general objective of improving the skills of people throughout the
   Community, so as to master economic, technological, social and
   cultural change.

34. Taking account of the challenges in respect of vocational training
   and the need to promote a European dimension, more particularly by
   offering the chance of international exchange schemes to young
   people undergoing initial vocational training (other than at
   university level) and to young workers, the Commission proposed
   consolidating and extending the PETRA programme to include an
   exchange programme for young workers^ [3] ).

   In so doing, the Commission was not only responding to the right to
   training for young people as laid down in the Charter, but also
   taking account of the European Parliament Resolution of 16 February
   1990 on Community education and training programmes, which deplored
   the fact that "young people do not have equal opportunities in this
   area since existing Community programmes are geared mainly to
   university students rather than young people at school or following
   vocational training courses, who are in the majority"( [4] ).

(2) cf. a full analysis in the memorandum on the rationalization and
   coordination of vocational training programmes at Community level is
   given in C0M(91) 334 final.
(3) Proposal for a Council Decision amending Decision 87/569/EEC
   concerning an action programme for the vocational training of young
   people and their preparation for adult and working life: C0M(90) 467
   presented to the Council on 15 November 1990; OJ C 158 of 17.6.1991,
   p. 329 and C 181 of 12.7.1990, p. 175.

 (4} OJ C 68 of 19.3.1990. D . 175.

```

```
                     18 
  On 22 July 1991 the Council formally adopted Decision 91/387/EEC,
  based on Article 128 of the EEC Treaty, which had ben approved at
  the Luxembourg Council on 25 June 1991.

  This decision, amending Decision 87/569/EEC concerning an action
  programme for the vocational training of young people and their
  preparation for adult and working life (PETRA), becomes operational
  from 1 January 1992 and comprises a three-year programme with ECU
  177.4 million funding^).

  HEALTH AND SAFETY PROTECTION FOR WORKERS

35. Although the Community has for some time had a set of binding
  provisions giving a wide measure of protection for the health and
  safety of workers at work, the action programme implementing the
  Charter included a series of new proposals for binding instruments
  covering fields where the safety problem is of some concern.

   In addition to other proposals for directives on the safety and
  health aspects of working conditions and empolyment, the action
  programme includes ten proposals for individual directives, most of
  which come under framework Directive 89/391/EEC. They deal with
   improved medical assistance on board vessels, fishing vessels,
  physical and industrial agents, asbestos, transport activities,
   temporary and mobile work sites, and the industrial sectors of the
  extractive industries, covering drilling, quarrying and open-cast
  min ing.

  All these sectors are characterized by high accident and risk rates.

   The other two initiatives concern occupational diseases and the
   creation of a health and safety agency.

36. As regards occupational diseases, the Commission has updated its
   Recommendations of 23 July 1962 and 20 July 1966^ [1] ^ establishing a
   European schedule of occupational diseases and setting out the
   principles for compensation.

   In its Recommendation of 22 May 1990 concerning the adoption of a
   European schedule of occupational diseases, the Commission stated
   that, after a period of three years, it intended to look into
   whether binding legislative provisions were needed, and placed the
   emphasis on preventing occupational risks with a view to encouraging
   measures to reduce workplace nuisances* [2] ^.

37. With regard to the proposal for a regulation on the establishment of
   a health, hygiene and safety agency, the Commission has presented
   the final proposal on 30 September 1991< [3] ).

(5) OJ L 214 of 2.8.1991, p. 69.

(1) OJ No 80 of 31.8.1962 and No 147 of 9.8.1966.

(2) OJ L 160 of 26.6.1990, p. 39.

(3) 0J C 271 of 16.10.1991. P. 3.

```

```
                 - 19 
38. Of the many and varied proposals presented by the Commission under
  the action programme implementing the Social Charter and included in
  the chapter dealing with the health and safety of workers, the
  proposal for a Directive amending Directive 83/477/EEC on the
  protection of workers from the risks related to exposure to asbestos
  at work is the only one to have been adopted by the Council of
  Ministers^ [4] ), at the same time as it adopted the proposal for a
  directive on temporary workers (cf. supra, p. 13).

39. The proposal for a Council Directive on the minimum health and
   safety requirements for improved medical treatment on board vessels

   is the most advanced of them. The Social Affairs Council met in

   Luxembourg on 25 June 1991 and approved a generally favourable line
   on adoption of a common position by qualified majority. The text as
   it emerges from the Council has to go to the European Parliament for
   second reading, with Parliament normally delivering its opinion
   within three months of the date on which the Council adopts its
   common position. The common position was adopted on 1 October 1991.

40. The other proposals for directives on such matters as temporary or
   mobile work sites, the extractive industries, safety, and/or health
   signs at work and fishing vessels have reached different stages in
   the process. Some have yet to be subjected to in-depth examination
   by the Council, while others have recently been adopted by the

   Commission.

   THE ELDERLY

41. The substantial increase in elderly and very old people between now

   and the end of the century has made the problem of integrating such

   people into society acute throughout the Community, not to mention

   the economic and social implications of the ageing process.

   Enacting legislation would not have been the appropriate response

   given that different Member States have different approaches,

   cultures and traditions.

   However, population ageing, the shift in the ratio of the working to
   the non-working population and the change in family structures are
   likely to have major social and economic implications. This is why
   the Commission has presented a communication on the elderly,
   together with a proposal for a Council Decision on Community actions
   for the elderlyC).

42. In the wake of this measure, the Council adopted a decision dated 26
```

**`November 1990 on Community`** **`actions`** **`for the elder`** **`I`** **`y`** _**(%K**_

```
   Among the wide range of measures proposed for the elderly, those
   encouraging sharing of experience are particularly important. The
   Council also adopted its Decision proclaiming 1993 to be the
   European year of the elderly and of solidarity between generations.

(4) OJ L 206 of 29.6.1991, p. 16.
 (1) C0M(90) 80 final, Brussels, 24 April 1990
```

_0 \_ O.I I 2ft o f ft2 02 1QQ1 n . 29.

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                    - 20 
  DISABLED PEOPLE

43. There are something like 30 million people in the Community who are
  affected by a physical, sensoral or mental handicap. The European
  Community has set itself the task of integrating these people
  economically and socially within the general context of improving
   the quality of life of all Community citizens.

  The Community's original contribution to national efforts was to
   concentrate on technical exchanges of experience; this has now
   shifted to a comprehensive and consistent policy centred on a number
   of Community instruments in favour of disabled persons.

   On the basis of a Commission report, the Council adopted, on 12 June
   1989(f), its conclusions on the employment of disabled people, the
   aim being to give such people equal opportunities as regards access
   to vocational training and jobs by stimulating the participation of
   all parties concerned.

   Going beyond the Community Charter of the Fundamental Social Rights
   of Workers, the Council of Ministers adopted, on 31 May 1990, a
   resolution on the integration of children and young people with
   disabilities into ordinary systems of education.

44. An important stage was reached on 18 April 1988 with the adoption by
   the Council of the second Community action programme covering the
   period 1988-1991( [2] ), known as HELIOS (Handicapped people in the
   European Community Living Independently in an Open Society). Its
   aim was to follow up and build on the activities of the previous
   programme, stressing the promotion of independent living for the

   disabled.

   Thanks to the advances and progress made in previous programmes, the
   situation of disabled people has been improved significantly, but it
   is important not to let up in these efforts in a period of major
   upheaval and difficult economic and social conditions.

   Being able to draw on bases and criteria established for
   strengthening and pursuing a comprehensive and consistent policy for
   the school, economic and social integration of the disabled, and
   with heightened attention and appropriate measures, the Commission
   is now proposing the adoption of a five-year programme, known as

   HELIOS I I.

45. A fresh action programme is particularly necessary as the disabled
   continue to be generally disadvantaged in terms of educational,
   employment and leisure conditions^ [3] ). Estimated at some 10% of the

 (1) OJ C 173 of 8.7.1989, p.1.
 (2) OJ L 104 of 23.4.1988, p.38.

 (3) Proposal for a Council Decision establishing a third Community
   action programme to assist disabled people - HELIOS II (1992 to
   1996), presented by the Commission on 8 October 1991, OJ No C293 of

   12.11.91. o. 2

```

```
                    - 21 
  total population of the Community, handicapped people have tended to
  be more affected by the structural changes which have taken place
  over recent years. Economic and social changes have put a large
  number of people into a difficult - not to say dramatic - situation,
  and the positive aspects of past measures are sufficient
  Justification for setting out on a new programme. HELIOS II thus

  has to contribute to the economic and social cohesion of the

  Community and help to optimize positive measures in favour of the

  disabled.

46. Since 1989, a variety of directives adopted by the Council have
   included provisions regarding workers with a mobility handicap^ [4] ).
  These concern the design of workplaces, accessibility, internal
  mobility arrangements and sanitary facilities. However, although
  Community regulations cover certain risks run by handicapped workers
  at the place of work, they do not cover the journey to and from

  work.

  This is why the Commission set out to fill the gap by adopting the
   proposal for a Council Directive on minimum requirements and safe
   transport to work of workers with reduced mobility^).

   For this category of persons, access to the place of work by public
   transport is often fraught with difficulties and plays an important
   part in determining whether or not a person obtains and keeps a job.
   As a result, occupational integration is directly linked to the
   development of transport and infrastructure facilities which help to

   make disabled workers more mobile.

   The aim of the proposal is not to modify all means of transport to
   make them accessible to workers with a mobility handicap, but to
   ensure that such workers can travel in safety and thus to help them
   integrate into the work process.

   CONCLUSION

47. In the context of the completion of the Single European Market, the
   European Councils of Hanover, Rhodes and Madrid held that equal

   importance should be attached to social and economic aspects and

   that both should be developed in a balanced manner.

   On a number of occasions, both the European Parliament and the

   Economic and Social Committee have expressed similar opinions and
   given voice to their concerns.

   At the European Council held in Strasbourg on 8 and 9 December 1989,
   eleven Heads of State or Government adopted the Community Charter of
   the Fundamental Social Rights of Workers.

(4) Council Directive 89/391/EEC of 12 June 1989 on the introduction of

   measures to encourage improvements in the safety and health of
   workers at work (OJ L 183 of 29.6.1989, p.1); Council Directive
   89/654/EEC of 30 November 1989 concerning the minimum safety and
   health requirements for the workplace (OJ L 393 of 30.12.1989, p.1).

```

```
                    - 22 
  Almost two years on, the Commission has presented nearly all the
  proposals envisaged in its programme of work in compliance with the
  principle of subsidiarity, but the Council of Ministers has failed
  to live up to expectations.

  Admittedly, the Council has in some cases been unable to act because
  other Community bodies have failed to keep up the pace and deliver
  their opinions within the time required by the Treaty.

48. Nonetheless, on 1 November 1991 the conclusions of the Presidency
  presented at the European Council held in Luxembourg on 28 and 29
   June 1991 are undoubtedly an apt way of concluding this report:

     "The European Council notes that the progress made in the
     completion of the internal market has not been accompanied by
     comparable progress in the field of social policy. It
     emphasizes that the Community, the Member States and the
     representatives of employers and employees should play a role in
     the implementation of the principles contained in the Social
     Charter according to their respective responsibilities."

     "It requests in particular that the discussions begun in the
     Social Affairs Council on the Commission's action programme for
     implementing the Charter should be intensified so that the
     necessary decisions can be reached at an early date, having
     regard for the specific situation and practices of each Member

     State."

49. The Commission had already stressed "the wide gap between the powers
   available under the current legal bases and the ambitions set out in
   the Charter and the new constraints arising from completion of the
   internal market''^ [1] ).

   This has caused the Commission to propose a revision of the social
   chapter of the Treaty.

   As pointed out in its working document on the Intergovernmental
   Conference^ [2] ), there are a number of arguments which plead in
   favour of modifying and extending the scope of Community's social
   policy:

   a) First, there is the very nature of the process of European
     integration: the establishment of a single economic and social
     area in which economic and social advances are made in step;

   b) The Community Charter of Fundamental Social Rights for Workers
     ... reflects the urge to establish and build upon a platform of
     fundamental rights shared by all the Member States;

   c) Completion of the internal market and economic integration have

     clearly shown the need (given the transnational nature of the

(1) Commission's initial contributions to the Intergovernmental
Conference on Political Union, SEC(91) 500 final, Brussels, 30 March
1991, p. 84.

```

```
                  - 23 
  problems involved) for Community action in areas which have

  hitherto not been very sensitive or whose importance has been

  disputed;

d) More generally, at micro economic level, consideration for the

  social dimension is increasingly becoming an integral part of

  management, and this contributes to added value and to

  compet it iveness;

e) The extension and/or redefinition of the Community's powers in
   the social fields is/are not incompatible with the current

   trends towards decentralization of collective bargaining to be

   seen in the Member States.

The Commission has also stressed that, with a view to ensuring that
the economic and social dimensions progress at the same rate,
"qualified majority voting should be extended to certain fields,
notably some of those covered by the Char ter"( [3] ).

```

```
O F

```

```
        P A R T TWO:

       A P P L I C A T I O N

  BY T H E M E M B E R S T A T E S

 OF T H E C O M M U N I T Y C H A R T E R

T H E F U N D A M E N T A L S O C I A L R I G H T S

       O F W O R K E R S

```

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                 - 25 
              NATIONAL REPORTS

INTRODUCTORY REMARKS

As was mentioned in the introduction (cf. supra p. 2 ), point 29 of
the Charter stipulates that "the Commission shall establish ... a
report on the application of the Charter by the Member States and by
the European Community".

For the most part, these reports, which set out Member States'
positions on each of the principles in the Charter, follow the form
of the questionnaire sent to the Member States by the Commission and
annexed to this report.

It was decided to organize the work by following the chapter layout
in the Charter. With two exceptions, all the Member States adopted
this model. The United Kingdom pointed out that it had not signed
the Charter, but produced a report describing the general framework
of rights, protection and freedoms in the social area. The German
report places stress on the political developments in the Federal
Republic of Germany.

```

###### **B E LG I UM**

```
                     - 27 
 FREEDOM OF MOVEMENT

  1. There are no restrictions other than those justified on grounds
     of pubiic order and public health which prevent any worker of
     the European Community from having freedom of movement in
     Be I g i urn.

     It should nevertheless be pointed out that, in accordance with
     the provisions of the Act of Accession of Spain and Portugal to
     the European Economic Community, the citizens of these two

     countries will have not have freedom of movement until the end
     of the transition period^ [1] ).

  2. The only restriction to freedom of movement for workers is
     provided for in Article 48(4) of the Treaty (positions of
     authority) on access to employment in the public service.

     The government has issued the necessary instructions on the
     application of Article 48(4) in accordance with the decisions of
     the Court of Justice of the European Communities.

     Generally speaking, it can be said that Belgian legislation
     complies with the principles of freedom of movement for workers
     and equal treatment, including the provisions of Regulation
     1612/68.

     It would therefore not appear to be necessary to take any

     measures to improve the situation in these areas.

  3. A Community citizen who is employed in Belgium may be joined by
     his spouse and his children under the age of twenty-one years or
     dependent children even if they are not nationals of a Member
     State of the European Community.

     The spouse and children referred to in the previous paragraph

     also have free access to employment.

  EMPLOYMENT AND REMUNERATION

  4. Belgian law does not have particular provisions which prevent
     certain categories of people from being free to choose and
     engage in an occupation, apart from the regulations governing
     each occupât ion.

  5.a Remuneration levels are normally laid down in a collective

     agreement for the sector concerned. These agreements lay down
     the salary scales depending on the worker's age, seniority,
     qualification level and Job.

(1) However, account should be taken of Council Regulation (EEC)
   No. 2194/91 of 25 June 1991 on the transitional period for freedom
   of movement of workers between Spain and Portugal, on the one hand,

   and the other Member States, on the other (OJ L 206 of

```

```
                 - 28 
   If no collective agreement has been reached for the sector
   concerned or if no scale has been established for the Job, the
   remuneration level is established by the parties. However, the
   parties have to comply with the collective agreements reached at
   the National Labour Council which guarantee workers an average
   monthly minimum income regardless of their occupation
   (Collective Labour Agreement No 43 of 2 May 1988 and Collective
   Labour Agreement No 33 of 28 February 1978).

   Collective agreement No 35 of 27 February 1981 states that these
   workers are entitled to a mean monthly income calculated prorata
   on the basis of the amount of time worked in the company and is
   proportional to the average monthly minimum income of a full   time worker. This agreement also stipulates that a part-time
   worker must receive remuneration which is proportional to that
   of a full-time worker for the same work or work of an equivalent
   value.

   Remuneration may be withheld by the employer only in the cases
   of which a limitative definition iis given in Article 23 of the
   Law of 12 April 1965 on the protection of remuneration.
   Moreover, the total deductions may not exceed one-fifth of the
   portion of each remuneration paid in cash, after the amounts
   required by tax legislation and legislation on social security
   have been deducted.

   As regards the seizing and transfer of remuneration, the Code
   Judiciaire (Legal Code) lays down the limits within which the
   remuneration may be seized or transferred for a creditor of the
   worker concerned, the aim being to ensure that the worker and
   his family have a minimum income. The proportion which can be
   seized and transferred increases progressively by income, for
   each calendar month.

   Any citizen of the European Community who is resident in Belgium
   or the frontier zone and any migrant worker who is properly
   established in Belgium may register as a job seeker with the
   public employment offices.

   Citizens of other European countries may seek employment by
   means of the SEDOC service of their home country which sends
   their file to our SEDOC branch office.

   The employment offices look for jobs on the labour market and
   then inform job seekers of any vacant posts; the job seeker does
   not pay for this placement service.

IMPROVEMENT OF LIVING AND WORKING CONDITIONS

7.a Article 19 of the Law of 16 March 1971 on work stipulates that
   the amount of time worked may not exceed eight hours per day or
   40 hours per week. Lower limits may be set by collective
   agreement. For this reason, in most sectors the amount of time
   now worked per week does not exceed 38 hours.

```

```
               - 29 
Apart from the structural and ad hoc derogations from the normal

limits on the duration of working time provided for by the

labour law, collective agreements may change working time by

introducing flexible working hours or new working arrangements.

Flexitime makes it possible for the working time to be exceeded

within certain limits and also makes it possible for the working

hours to be varied in line with the requirements of the company

concerned. The new working arrangments make it possible for the

company's operating time to be adapted by permitting derogations
from a number of laws on working time (the duration of work,
rest on Sundays, public holidays); these new working

arrangements may be introduced only if they have a positive

effect on employment in the company.

There are three other types of work contract mentioned in
Articles 7 and 11 (ter) of the Law of 3 July 1978 on work

contracts:

- the fixed-term contract, a clause of which indicates when the

  contract wiI I end;

- a contract for a clearly-defined piece of work, which is

  terminated when the work for which the worker has been

  employed is completed;

- the replacement contract which is concluded to replace a

  worker whose contract has been suspended. This type of

  contract, which may not last more than two years, may depart

  from the rules on contract duration and the period of notice.

It is possible to employ workers part-time in each of these
types of contract. The over-arching principle is that part-time
workers should have the same rights as full-time workers in
proportion to the amount of time worked.

The amount of time worked must be no less than three hours per

day or one-third of the working week of full-time workers.

The provisions on collective redundancies apply to companies

with more than 20 workers. Collective redundancies are deemed to

have taken place if, over a period of 60 days, at least ten
workers are made redundant in companies with between 20 and 100
workers, 10% of the staff are made redundant in firms with

between 100 and 299 workers, 30 workers are made redundant in

firms with at least 300 workers. Royal Decree of 24 May 1976 on
collective redundancies and Collective Agreement No 24 of
2 October 1975 stipulate that workers and the competent
authorities must be informed and consulted, in principle 30 days
before workers are made redundant. Moreover, provision is also
made for the payment of an allowance to workers who have been
made redundant as part of a collective redundancy.

The legislation on the annual leave of salaried employees is

also applicable to members of the social security schemes for

manual workers, miners and similar workers and sailors in the

merchant navy.

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```
               - 30 
The duration of leave is proportional to the amount of time

worked. This is calculated on the basis of the number of days of

actual work and of days of inactivity taken as such for the

leave year, i.e. the calendar year preceding the leave year.

Twelve months of work or the equivalent number of days in the
leave year produce an entitlement to 24 days of leave in the
following year (for those who work a six-day week) or 20 days
(for those who work a five-day week). Additional days of leave

may be provided for by collective agreement.

The holiday pay of manual workers is paid by the Caisse de

vacances to which the employer is affiliated. It is equivalent
to 14.80% of the remuneration in the leave year used to

calculate the social security contributions.

The holiday pay of salaried employees is paid directly by the
employer. It is equivalent to the normal remuneration in respect
of the days of leave plus a supplement of one-twelvth of 85% of
the gross remuneration of the month in which the leave is taken
for each month worked or each equivalent month in the leave

year.

The annual leave of sailors in the merchant navy is governed

partly by the legislation on annual leave and partly by

collective agreements. Miners and employees working under

subsidised contracts have a special leave system.

As regards the weekly day of rest, the Law of 16 March 1971
stipulates in Article 11 that it is prohibited to make people

work on Sundays. This ban is a public order measure accompanied

by penal and administrative sanctions.

Provision has been made for derogations for certain companies or
for the execution of certain types of work.

 In all cases in which workers are employed on Sundays, the rules
provide for compensatory rest to be granted in the six days
following the Sunday on which the work was done.

The working conditions of salaried employees are defined in

various provisions, including the following:

- collective agreements for the sector or company concerned

  which may determine certain working conditions, notably the

  duration of the working week and the minimum remuneration

  level ;

- the employment regulations, a written document which the
  employer must draw up and communicate to his workers. This
  document sets out certain working conditions which are
  specific to the company, notably working hours, dates on
  which the company is closed, the type and place for the
  payment of remuneration, etc.;

  lastly the work contract which sets out working conditions

  specific to the worker concerned.

The hierarchy of the various provisions defining working

conditions is as follows:

```

```
                  - 31

     the mandatory provisions of the law;
     collective agreements which have become obligatory;
     collective agreements which have not become obligatory but to
     which the employer is a signatory or is affiliated to an
     organisation which is signatory to the agreement;

     the written work contract;

     the employment regulations;
     the complementary provisions of the law
     the verbal individual agreement;
     pract ice.

SOCIAL PROTECTION

10.a Social protection for workers is basically funded by

   contributions from employers and employees.

   These contributions which are used to fund the classes of

   insurance (sickness and invalidity, unemployment, old age and
   premature death, family allowances and annual leave) are
   collected together by a central body - the Office National de
   Sécurité Sociale (National Social Security Office), which

   distributes the sum total of these contributions between the

   various bodies which provide insurance services. These five
   classes of insurance together constitute what is known in
   Belgian positive law as "social security" in the strict meaning
   of the term. Nevertheless the regulations on occupational
   accidents and diseases, a secure existence and even those on the

   disabled are included in social security in a broader sense.

   The various classes of social security are managed on a joint
   basis by public bodies.

   However, although these bodies manage the various branches they
   do not generally regulate social security, since the
   establishment of social policy remains the prerogative of the
   Minister concerned, who is assisted by the specialised units in
   his department.

   Workers (in the broad sense of the term) in the private and
   public sectors are governed by one social security law, although
   there are certain subdivisions and features which are specific
   to each type of employer and occupation. The way of applying
   the system will not always be identical for the two types of
   workers or even within one sector. It is therefore easy to
   understand that the permanent employees of the municipalities,
   provinces and the State do not need to be covered by
   unemployment insurance in the same way as their temporary
   colleagues in the same (public) sector. Thus in the private
   sector a worker who is paid solely by gratuities is not subject
   to deductions in the same way as a worker in the metallurgical
    industry or a policeman, for example. However, differences
   between public and private sector workers are gradually being
   narrowed, in terms of social security (e.g. health care) and
   working conditions (remuneration, safety at work, social plan,

    etc.).

```

```
                  - 32 
   The links between the right to social security and a particular
   working environment are becoming less and less rigid and this
   right is being extended to the whole population. Whereas social
   security used to be mainly concerned with protecting employees
   when their capacity to work is reduced, it can be seen that
   protection from the financial consequences of certain events
   (unemployment, the birth of a child) has been given and certain
   services (health care) have been granted to people who could
   certainly not be considered to be employees. Thus students and
   disabled people may obtain family allowances for their children,
   and students who do not find work when they have completed their
   studies are entitled to unemployment benefits after a certain
   period of time. In the same way, insurance for health care,
   retirement pension and survivor's pension for employees are
   accessible to all people.

   In this way, the whole population can be covered in a compulsory

   or voluntary manner, against the various hazards concerned.

   In the meantime there has been an improvement in the quality of
   protection against risks which has led to fairer redistribution

   of national income. Benefits have been linked to variations in

   the consumer price index, thereby ensuring that they retain
   their purchasing power. Certain social benefits are linked to
   changes in the general well-being of society. This means that
   the employee is not only protected from being in need but he is
   also guaranteed a certain standard of living.

   Reference should be made to the various laws on assistance which

   are designed to ensure that each person is given a minimum level
   of protection, regardless of whether or not he is involved in
   the production process. To a certain degree this has already
   been achieved by means of the legislation on disabled people,
   the law on guaranteed family allowances and the right to a

   minimum level of subsistence or income.

   The system of guaranteed family allowances provides means
   related benefits for children who are not covered under the

   family allowances system for employees or under the family

   allowances system for the self-employed.

   Every Belgian (or stateless person, refugee or a person covered
   by the regulations on freedom of movement for workers within the
   Community) who is actually resident in Belgium, but who does not
   have sufficient means and is not in a position to obtain them by

   personal effort or in any other way, is entitled to a minimum

   i ncome.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

11. Under Belgian legislation freedom of association in the
   occupational sphere is governed not by specific texts but by
   provisions applicable to all kinds of associations.

```

```
                 - 33 
  There is complete freedom to establish trade union groups.
  Prior authorization, registration or approval are not required
  apart from in a few rare cases, such as the payment of
  unemployment benefits by a trade union organization. There is
  one particular legal form: the Union Professionnelle
   (professional association). However, the use of this legal form
   is optional and does in no way affect the rights and obligations
   concerned.

   Trade unions have a right of association, even at international

   level.

   The trade unions have complete freedom of operation and action.
   The management and liquidation of organizations other than
   professional associations or non-profit-making associations are
   governed by the organizations' own rules.

   The authorities do not intervene to appoint managers, monitor
   revenue and its allocation, or influence the organizations'
   programmes or their activities.

   Lastly, certain functions have been granted to the trade unions
   in the social area, regardless of their legal status.

   However, these functions have been granted only to trade unions
   which are considered to be "representative". For example, the
   1968 Law on collective labour agreements and joint committees
   gave the representative organizations (i.e. those which are
   organized on a national basis and are represented in the Conseil
   central de l'économie (Central Economic Council) and the Conseil
   national du travail (National Labour Council) and have at least
   50 000 members) the right to be a party to legal proceedings:

   a) in all disputes resulting from the application of
     legislat ion;

   b) to defend the rights of their members arising from collective
     labour agreements concluded by the trade unions.

   Every workers is free to join or not to Join an organization
   pursuant to the Law of 24 May 1921 on freedom of association.

   People are free to choose their union. There are no official
   trade unions or trade unions supported by the authorities.
   Workers also have the right not to belong to such organizations.

   Although the opportunities and advantages given by law to trade
   unions and workers belonging to trade unions might be considered
   to encourage trade union membership, no sanctions or harm result
   from the decision not to Join such organizations.

12. Collective labour agreements can be concluded either within or
   outside joint bodies but usually the former is the case.
   Belgian law has established a hierarchy of these joint bodies
   and hence also of the collective agreements concluded by them.

   1. A collective labour agreement concluded at the National
     Labour Council covers all branches of economic activity in
     the country.

```

```
                  - 34 
   2. A collective labour agreement concluded in a joint committee

    normally covers all persons and companies that fall within

     the scope of the committee, except in cases where the

     agreement limits its own scope.

   3. A collective labour agreement concluded in a joint sub
     committee has the scope laid down by the decree which

     established the sub-committee. A supervisory role may be

     taken by the overall committee.

   4. A collective labour agreement concluded outside a Joint

     committee applies only to the contracting parties. These are

     generally company-1 eve I agreements.

   There are certain rules governing the form and publication of a
   collective labour agreement. It must be drawn up in writing,
   bear various signatures and certain compulsory formulations.
   The agreement must also be submitted to the Ministry of
   Employment.

   When the agreements are concluded by a joint body, it is

   necessary to inform the people affected, which is done by an

   announcement in the 'Moniteur belge'.

   When the collective agreement is made compulsory by Royal
   Decree, it is published in full in an annex to the Decree and in
   the two national languages.

   A collective labour agreement is defined as "an agreement
   concluded between one or more organizations of workers and one
   or more employers, which determines the individual and
   collective relations between employers and workers within
   companies or a branch of economic activity and which regulates
   the rights and obligations of the contracting party".

   The Law of 5 December 1968 gave considerable legislative freedom
   to the parties concerned: the two sides of industry are
   permitted to solve all problems of industrial relations. These
   collective labour agreements may therefore also cover the area
   of social security, for example.

   The only restrictions on the freedom of negotiation concern the
   hierarchy of sources: clauses which conflict with the binding
   provisions of legislation and royal decrees and those which are
   contrary to clauses in the agreements concluded at a higher

   level are considered to be null and void.

13. Under Belgian law strikes are neither recognised per se nor

   defined in law.

   However, the freedom to strike is seen as legitimate, provided
   that the freedom and rights of other persons and the legal
   provisions and regulations which may restrict the exercising of
   this freedom are respected.

   Nevertheless, there are a number of relevant texts:

```

```
               - 35 
a. The Law of 19 August 1948 on the provision of public services

  in peace-time stipulates in Article 1 that:

  "the joint committees provided for by the Law of 5 December
  1968 on collective labour agreements and Joint committees

  shall determine and define, for the companies under their

  Jurisdiction, the measures or services to be guaranteed in

  the event of a collective and voluntary cessation of work or

  in the event of collective redundancies in order to meet

  vital needs, to carry out certain urgent work on machines or

  equipment, to perform certain tasks in cases of "force

  majeure" or an unexpected need, etc.";

  The purpose of the legislation is to limit possible damage by

  strikes to the fundamental interests of the country.

b. There are a number of regulations referring to strikes and

  designed to protect workers who participate in them or suffer

  from them from the disadvantages normally resulting from the

  lack of provision of services during the strike.

  These texts treat days of strike action as days of work for

  the purposes of social security, in a broad sense of the

  term. In most cases, the strike has to be recognised by the

  trade union organizations.

c. There are also regulations on the commencement of strike

  action, providing for a prior conciliation procedure. They

  include the following:

  - the Regent's Decree of 12 March 1946 which lays down the
    conditions and procedure for obtaining unemployment

    benefits in the event of a strike or a lock-out;

  - the Law of 5 December 1968 on collective labour agreements
    and joint committees and its executory decision of 6

    November 1969.

    The Law of 5 December 1968 stipulates in Article 38(2)

    that the tasks of the joint committees and joint sub
    committees include "preventing or solving any dispute
    between employers and workers". The Decree of 6 November
    1969 adopted pursuant to this Law deals with conciliation

    in Chapter III and stipulates that the joint committee may

    set up a conciliation committee within the Joint

    committee.

    The conciliation committee comprises a chairman, secretary
    and an equal number of workers' and employers'
    représentât ives.

    A meeting of the conciliation committee is called by the
    chairman, normally within 7 days of the date on which a
    request was presented by the party to an existing or
    potential conflict who was the first to take action.
    Minutes are written of all conciliation meetings.

```

```
                   36 
     - the numerous collective labour agreements concluded in
       joint committees (the majority of which have been made
      binding by Royal Decree pursuant to Article 28ff. of the
      Law of 5 December 1968) which include clauses that provide
       for a conciliation procedure prior to the start of the
      strike. This procedure may be laid down by an internal
       regulation of the Joint committee.

   d. Lastly, the Law of 11 July 1990 (Moniteur belge of 28
     December 1990) approved the European Social Charter and its
     Annex signed in Turin on 18 October 1961. The Law
     incorporates these texts into Belgian legislation, in
     particular Article 6(4) of this Charter, which stipulates
     that the contracting parties recognise:

     "the right of workers and employers to take collective action
     in the event of a conflict of interests, including the right
     to strike, subject to any obligations resulting from
     collective agreements in force."

14. There have been major controversies over the right to strike in
   the civil service.

   The traditional view is that strikes are prohibited because of
   the need to provide continuity of public services and the
   principle that the general interest, for whose protection the
   civil service was set up, must take precedence over the
   individual interests of the worker. Article 7 of Royal Decree
   of 2 October 1937 on the rules governing State employees
   stipulates that "State employees may not cease performing their
   duties without prior authorization", in the same way that
   Article 112 provides for the compulsory dismissal without notice
   of those who stop work and do not return for more than 10 days
   without a valid motive."

   However, no legal text formally states that civil servants do
   not have the right to strike. Strikes are considered to be a
   fact of life: legally speaking it is not of the least importance
   whether or not a strike is organized or recognised by the
   representative trade union organizations, but for political
   purposes this suffices for no disciplinary action to be taken
   against the strikers. Absence from work is treated as non   activity and hence is not paid. In practice, only minor
   disciplinary sanctions may be imposed depending on the nature of
   the service and the rank of the person concerned, unless the
   strike has given rise to behaviour which is liable to penal
   sanctions. The offence of "conspiracy of civil servants to
   prevent the implementation of laws or decrees" (see Article 233
   of the Penal Code) has never been invoked in the event of a
   strike. Article 16(3) of the Law of 4 January 1975 on
   discipline in the armed forces stipulates that "military
   personnel may not strike in any way".

```

```
                  - 37 
VOCATIONAL TRAINING

15.a Following the Belgian institutional reform, the responsibility
   for vocational training has been transferred to the communities,
   which have drawn up their own rules in this area.

   The following regulations govern access to vocational training:

   - the Decree of the Executive (regional government) of the
     French-speaking community of 12 May 1987 (Article 3 ) ;

   - the Decree of the Executive of the Flemish community of

     21 December 1988 (Article 81);

   - the Decree of the Executive of the German-speaking community

     of 12 June 1985 (Article 3).

    In all three communities, vocational training is open to any
   person who is registered as a job seeker with a public

   employment office. In addition, the following people can take

   vocational training:

   - workers who take such training at the request of their

     employers;

   - workers who take training outside of working hours (French     speaking community's definition) or after 6pm or on Saturdays
     and Sundays (Flemish and German-speaking communities'

     def init ion).

   The French-speaking and German-speaking communities have
   delegated the task of vocational training to FOREM, and the
   Flemish community has assigned it to VDAB.

  b There is no discrimination on grounds of nationality for access
    to vocational training courses.

  c The above-mentioned decrees stipulate that the aim of vocational
    training is to provide in-service training or to develop further
   existing work-related knowledge or abilities.

   To this end, the conditions of access to training are extremely
   generous (see above). In addition, the courses organised in the
    vocational training centres are constantly being adapted to the

    needs of the labour market. Moreover, employers may apply to
    the competent sub-regional employment service asking it to admit
   one or more of their workers to a training centre managed by the
    vocational training office for the community in question (FOREM
    or VDAB). After a detailed examination of the application in
    order to evaluate correctly the real needs, a specific programme
    of training is drawn up in cooperation with the company in
    quest ion.

```

```
                  - 38 
EQUAL TREATMENT FOR MEN AND WOMEN

16.a The Belgian constitution has two articles (Article 6 "Belgians
   are equal in the eyes of the law" and Article 6 bis "there must
   be no discrimination in the enjoyment of rights and freedoms
   granted to Belgians") which may be cited in this context.

   Belgian legislation has been supplemented by international
   legislation and texts of limited scope so that it now guarantees
   equal treatment for men and women in the area of employment.

   Mention should be made of the following measures:

   - Collective labour agreement No 25 of 17 October 1975 (made
     binding by Royal Decree of 9 December 1975) guarantees the
     principle of equal remuneration for male and female workers;

   - Title V of the Law of 4 August 1978 on the redirection of the
     economy guarantees the implementation of Directive 76/207 in
     Belgium; Tit le V affirms the principle of equal treatment for
     men and women as regards working conditions and access to
     employment, training, promotions and access to a professional
     occupât ion;

     in order to apply the principle of equal treatment in the
     sphere of social security, many amendments have been made to
     existing rules on the various classes of social security
     (family allowances, unemployment insurance, sickness and
     invalidity insurance, retirement pension, survivor's pension

     and annual leave).

  b the Royal Decree of 14 July 1987 on measures for promoting equal
   opportunities for men and women in the private sector calls on
   companies to take positive action in favour of women by means of
   equal opportunity programmes drawn up for a given branch of
   economic activity or a given company. Under the terms of the
   Royal Decree of 27 February 1990 on measures to promote equal
   opportunities between men and women in the civil service, each
   public service must draw up a plan for equality of opportunity.

  c In recent years many measures have been taken to help workers of
   both sexes to reconcile their occupational and family

   commi tments.

   Achievements in this area include the following:

   - total or partial career breaks lasting between 6 months and
     five years; more flexible arrangements apply to career breaks
     for the birth of a child;

   - the extension of maternity leave;

     leave in special circumstances without loss of salary, in
     particular for family reasons (birth, marriage, adoption);

     leave in emergencies which allows workers in the private
     sector to take unpaid leave for a maximum of 10 days per
     annum in unforeseeable circumstances requiring the worker's
     attention (e.g. child's illness) unrelated to work;

```

```
                  - 39 
     leave in emergencies or unforeseen circumstances in the

     family (for the civil service);

   - various measures to facilitate part-time work;

   - measures to make it easier for people who have interrupted
     their career to bring up children or care for their parents

     or spouse to return to the labour market.

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

17. Belgium's current legislative framework does not offer a system
   of information, consultation and participation for workers in
   companies established in two or more Member States. The draft
   directive on the establishment of a European works council will
   make it possible to have consultations of this nature.

18. Information, consultation and participation of workers takes
   place in the conseil d'entreprises (works council) for companies

   with more than 100 workers, and in the committee for

   occupational health and safety and the improvement of the
   working environment for companies with fewer than 50 workers,
   and, if there is no such committee, by the trade union
   delegat ion.

   The head of the company must provide the works council with
   information on productivity and general data on the operations
   of the company (Article 15 of the Law of 20 September 1948 on
   the organization of the economy and Royal Decree of 27 November
   1973 on the economic and financial information to be given to

   works counciIs.

   The works council gives its opinion and may submit suggestions
   on any measures which could affect the organization of work,

   working conditions and the output of the company (cf. the above
   mentioned Article 15).

   Moreover, collective labour agreements concluded in the National
   Labour Council (which therefore apply to all workers) stipulate

   that the works council must be informed or consulted in a

   certain number of areas. For example collective labour agreement
   No 9 of 9 March 1972 concluded in the National Labour Council,

   which coordinates the national agreements and collective labour
   agreements on works councils, provides that the works council
   must be informed and consulted in any matters relating to
   employment in a company, in particular when the structure of the
   company is to be modified.

   Mention should also be made of Collective Labour Agreement No 24

   of 2 October 1975 concluded in the National Labour Council on

   the procedure for informing and consulting workers'
   representatives on collective redundancies and Collective Labour
   Agreement No 39 of 13 December 1983 concluded in the National
   Labour Council on informing and consulting the works council
   about the consequences for the staff of the introduction of new

   technology.

```

```
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE

19.a The provisions on occupational hygiene for workers, safety at
   work and protection of the health of workers are coordinated in
   the General Regulations on occupational safety.

   Experience has shown that Community Directives on health and
   safety at work refine or supplement the provisions of the
   Belgian General Regulations and only rarely do they introduce
   innovât ions.

   Moreover, the provisions of the Belgian General Regulations are
   often more restrictive than those of Community Directives.

   Nevertheless, depending on the individual case, the application
   or imminent implementation of the Community Directives does
   improve the protection of workers at work in various areas:

   1. As regards the social directives (Article 118 A of the Treaty
     of Rome), the expected improvements will be in the following

     areas:

     - the scope: it will be possible to take measures for
       persons other than employers, for example, the self       employed who perform activities at the workplace or who
       coordinate activities at the workplace;

     - the possibility for workers to leave their workplace or a
       dangerous area in the event of a serious danger;

     - a more systematic and complete approach to all matters
       relating to the protection of workers including the
       obligations of employers and workers, and information,
       training and consultation procedures;

     - the removal of all precise technical specifications of a
       binding nature from existing regulations.

   2. As regards the economic directives concerning the
     availability of machines, equipment and plant (Article 100 A
     of the Treaty of Rome), it is probable that the main
     functional requirements coupled with increasing reliance on a
     large number of European standards should make it possible to
     provide workers with equipment that improves their level of
     safety at work.

19.b Belgium is acknowledged as a long-time believer in consultation
   of the two sides of industry, especially in the area of the
   health protection of workers.

   This consultation takes place in national bodies and individual
   companies.

```

```
             - 41 
A council for safety, hygiene and the improvement of the
workplace has been set up at national level under the
Ministry for Employment and Work.

This committee comprises representatives of the most
representative organizations of employers and workers,
occupational physicians and civil engineers not employed by
the authorities, experts competent in the areas concerned and
officials of the various competent authorities for health and
safety at work.

It is responsible inter al ia for issuing an opinion on
proposals for new provisions in the area of health and safety
at work and the protection of the health of workers and for
studying all problems in these areas.

National occupational committees for safety, hygiene and the
improvement of the workplace have also been set up. They are
active in the main branches of economic activity, such as the
construction industry, the diamond, glass, wood and steel
construction industries, the chemicals industry, the ceramics
industry and firms involved in agriculture, horticulture and
forestry.

These committees have members from the most representative
employers' and workers' organizations, experts in
occupational safety and health for the appropriate branch of
economic activity and officials from the competent
author it ies.

Their remit includes making proposals to the Committee for
occupational safety and hygiene and the improvement of the
working environment for amending or supplementing the rules
on health and safety in the sector in question.

The National Labour Council is a joint body which, where
appropriate, may issue an opinion on the proposals for laws
or royal decrees in the area of health and safety at work.

The joint committees draw up collective labour agreements,
which may include certain provisions on the safety and health
of workers.

 In compliance with the Law of 10 June 1952 on the health and
safety of workers and the health conditions at the workplace,
employers who normally employ an average of at least 50
workers must set up a committee for occupational safety and
hygiene and the improvement of the working environment, which
must meet at least once per month.

The members of these committees are elected for a period of
 four years from the lists of candidates put forward by the
organizations representing workers.

The basic task of these committees is to study and to propose
 to the employer any ways of actively promoting measures to
ensure that work is carried out in the best possible
 conditions of safety, hygiene and health.

```

```
                 - 42 
     In order to carry out this task, the Committee must issue
    opinions and draw up proposals on: the policy for preventing
    occupational accidents and diseases; the annual action plan
    produced by the head of the company, any amendments to it;
     its application; and the results produced.

    The Committee is also responsible for drawing up an opinion
     in advance on all new projects and measures which, directly
    or indirectly, in the short or long term, may have
     consequences for the safety, hygiene or health of workers,
     and on any planned measures for adapting working techniques
     and conditions to the worker.

     However, the decision on whether or not to adopt a given
     safety or health measure is the sole responsibiIty of the
     employer and does not concern the Committee, which has a
     purely advisory role.

PROTECTION OF CHILDREN AND ADOLESCENTS

20. The reply to this point is included in the reply to question 23.

21. Workers under 21 years of age and employed on a part-time basis
   are guaranteed a mean monthly minimum income under Collective
   Labour Agreement No 33 of 28 February 1978.

   This minimum income is determined as a percentage of the income
   guaranteed to workers aged 21 years and over. The rates are as
   follows: 92.5% at the age of 20, 85% at the age of 19, 77.5% at
   the age of 18, 70% at the age of 17 and 62.5% for those aged 16
   and under.

   This Agreement applies to all branches or activities which are
   not covered by a Joint committee or which are covered by a joint
   committee which has not yet been formally recognized.

22. The Law of 16 March 1971 provides for various special measures
   to protect workers under the age of 18 years.

   Working hours of workers under 18 are subject to the same limits
   as for other workers. However, when daily working time exceeds
   4te hours, they must be given a rest of half an hour and if their
   working time exceeds 6 hours, they must be given a rest of one
   hour.

   Night work, which is work done between 8pm and 6am, is
   prohibited for young workers. However, these limits are reduced
   (10pm - 5am; 11pm - 6am) for workers aged 16 years and over when
   they are engaged in work which by its very nature cannot be
   interrupted or delayed, or are working shifts.

   Lastly, there must be gap of at least 12 hours between the end
   of one working day and the beginning of the next, no exceptions
   being permitted to this rule.

```

```
                  - 43

23. Initial training for young people, which was extended to the age
   of 18 years in 1983, makes it compulsory for them to attend
   school on a full-time basis up to the age of 15 or 16 years and
   then at least part-time up to the age of 18 years. So young
   people are no longer obliged to attend school full-time after
   the age of 15/16 years provided that they have completed (not
   necessarily successfully) the first two years of secondary
   education. The scheme of part-time compulsory schooling is
   designed to give additional training of at least 360 hours per
   year to those under the age of 16 and at least 240 hours per
   year to those aged between 16 and 18 years.

   A young person who has not yet completed his compulsory

   schooling and who chooses to leave full-time education may:

   - follow a course with a reduced timetable or take training

     officially recognized as meeting the requirements of

     compulsory schooling. This part-time course or training may

     be supplemented by part-time work;

   - conclude a contract for an apprenticeship in industry-,

   - take training organized as part of a small business
     apprent iceship.

   Those who remain in full-time education until the age of 18
   years may take options in the areas of technical education or
   vocational training.

   A young person who has completed compulsory schooling and is

   registered as a job seeker may take vocational training courses

   organized by the public employment services.

ELDERLY PERSONS

24. There are three major pension schemes in Belgium:

   - the public sector scheme which applies to civil servants;

   - the scheme for the self-employed which applies to traders,
     skilled workers, farmers and members of the professions;

   - the employees' scheme, which applies to all workers employed
     in Belgium under a "contrat de louage de travail" (work
     contract).

     In the case of the last scheme, a person earns the right to

     retire by calendar year at a rate of a fraction of real,

     notional and standard remuneration to the amount of:

     a) 75% for a worker whose spouse has terminated all
       occupational activity apart from authorized occupational
       activity and does not receive an allowance for illness,
       invalidity or involuntary unemployment under Belgian or
       foreign social security legislation, does not receive

```

```
                  - 44 
      benefit for a career break or a reduction in services or

      does not draw a retirement or survivor's pension under the
      pension schemes for employees, the self-employed, the
      public sector, the SNCFB (Belgian State Railways) or under
      a foreign pension scheme or a pension scheme applicable to
       the staff of an institution of public international law.

     b) 60% for other workers.

      The benefit is adjusted in two ways in order to ensure
       that it remains adequate:

       1. The pension is linked to changes in the consumer price
         index;

       2. The remuneration levels used to calculate the pension
        are adjusted by applying a coefficient. The
        remuneration for a given year is multiplied by a
        coefficient obtained by dividing the consumer price
         index at which current pensions are paid by the total
        of the monthly consumer price indexes for the year
        under consideration. In addition, on 1 January of each
        year these remuneration levels are upvalued by a
        coefficient determined by the King of Belgium.

25. In order to guarantee a decent standard of living to elderly
   persons, men aged 65 years or over and women aged 60 years or
   over who would not receive a pension may nevertheless receive
   the income guaranteed to the elderly provided that they actually
   Ii ve i n Be I g i urn.

   This benefit is completely free, as no contributions have to be
   paid in order to receive it, it being paid for by the State in
   accordance with the Law of 1 April 1969.

   The person applying for the pension must be a Belgian, but his
   or her spouse does not have to be a Belgian.

   The following are given equivalent treatment:

   - stateless persons and refugees;

   - nationals of a country with which Belgium has concluded a
     reciprocal convention in this area;

   - nationals of a Member State of the European Community.

   The guaranteed income for the elderly is calculated on the basis
   of a flat-rate amount and may not be granted until a person has
   been means-tested.

   Persons who receive the guaranteed income for the elderly need
   not pay contributions for sickness and disability insurance.

   Like widows, invalids, pensioners and orphans, these people pay
   preferential rates for routine health care and prescriptions.

```

```
                  - 45

DISABLED PERSONS

26. The legislation of 16 April 1963 on the social rehabiIitat ion of
   disabled persons, regardless of the type or origin of their
   disability and regardless of their status, includes a number of
   measures to provide them with training or occupational
   rehabilitation and to make it possible for them to retain or
   return to work.

   A basic principle of this legislation is that use should be
   made, wherever possible, of standard methods; special methods
   should be used only when they can be Justified by the nature of
   the handicap.

   Thus, in the area of vocational training, in addition to the
   apprenticeships in small businesses, industry and the centres
   for intensive vocational training for the unemployed, the above   mentioned rehabilitation legislation provides for a special form
   of apprenticeship for the disabled which could be called
   in-service training in the sense that it does not (yet) provide
   theoretical training. There are also 31 vocational training
   centres for the disabled in which the training provided is more
   tailored to individual needs and lasts longer than in the above   mentioned centres for the unemployed.

   In order to make it more attractive to employ or retain disabled
   staff, the legislation provides for the following incentives:

   - a contribution to the remuneration and the social security
     charges for a maximum of one year for a disabled worker who
     is employed in a new post; this is a flat-rate payment which
     is designed to cover the employer's loss of earnings during
     the period of adaptation of the new worker;

   - the refund of the cost of adapting the workplace (including
     workplace design or access to the workplace);

   - the payment of the additional cost, attributable to the
     person's handicap, of working clothing or instruments;

   - a contribution to the additional cost, attributable to the
     handicap, of transport for the disabled person to and from
     work.

    It should also be pointed out that Collective Labour Agreement
   No 26 of 15 October 1975 stipulates that, on the basis of the
   principle of "equal pay for equal work", the disabled worker is
   entitled to the remuneration laid down by collective agreement
   and that the competent authorities are to reimburse the employer
   for the proportion of the remuneration corresponding to the
    reduced performance as a result of the handicap.

   Lastly, approximately 20 000 workers are involved in sheltered
   work in Belgium. These workers are employed on work contracts,
   and their minimum remuneration is laid down by royal decree. A
    Joint committee has recently been set up for the sector of
    sheltered industry.

```

```
              46

The measures for the social integration of disabled people
include the fol lowing:

- the possibility for disabled people with a degree of
  invalidity of 66% or more to telephone at a reduced rate,
  subject to compliance with certain conditions relating to
  income, age and cohabitation;

- exemption from radio and television fees for certain disabled
  peopIe;

- reduction in the rate of income tax charged to persons with a
  degree of invalidity of at least 66%.

- exemption from car taxes for certain categories of seriously
  disabled people;

- consideration of a degree of invalidity of at least 66% for
  the award of subsidised housing benefits;

- a reduced rate for supplies of gas and/or electricity to most
  of those who receive disability allowances, subject to a
  limited consumption of gas and/or electricity;

- the issuing to certain disabled people of a special card
  which authorises unlimited parking of a vehicle used to
  transport a disabled person;

- on public transport, reduced rate for certain disabled
  people, free transport for the blind, free accompaniment of
  seriously disabled people by a guide, special public mini-bus
  service adapted to the needs of disabled people in the
  Brussels area for certain disabled people;

- facilities granted to disabled people who are capable of
  driving to enable them to obtain a driving licence;

  legal measures and regulations on the accessibility of public
  buildings and other public areas for disabled people.

```

#### **DENMARK**

```
                 - 48 
FREEDOM OF MOVEMENT

1. This field is regulated by the Order issued by the Ministry of
  Justice on foreigners' stays in Denmark (1984, revised in 1985)
  which incorporates the provisions laid down in Council
  Regulation (EEC) N* 1612/68 on freedom of movement for workers
  within the Community and Commission Regulation N' 1251/70 on the
   right of workers to remain in the territory of a Member State
  after having been employed there. Under Article 189 of the EEC
  Treaty a regulation is directly applicable in all Member States.
  The incorporation of the provisions in the above-mentioned Order
   is thus only a practical measure and does not affect the direct
   applicability of the above mentioned regulations in Denmark.

2. It follows from the provision in the Order that EC nationals are
   granted a residence permit when they prove they have paid
   employment in Denmark or that they have established themselves
   as self-employed or are providing services. EC Nationals are
   granted residence permits as such, while non EC Nationals are
   granted residence and work permits. It normally takes less than
   one month to deal with applications for EC residence permits. In
   1990 some 1 300 new EC-residence permits were issued, about 800
   were renewed. In some 60 cases the conditions for issuing an EC
   residence permit were not satisfied.

3. Normally, no evaluation takes place of the character or nature
   of the work, and there is nothing to prevent a worker who has
   availed himself of his right to freedom of movement from
   occupying posts under the same conditions as nationals. However,
   reference should be made in this connection to the special rules
   concerning appointment of public servants; nationals from other
   EC countries can be employed only on terms similar to those
   applying to Danish public servants.

EMPLOYMENT AND REMUNERATION

4. In Denmark there is no legislation restricting, for certain
   groups of persons, the freedom of choice and the freedom to
   engage in an occupation, save for special provisions regulating
   specific occupations.

5. In Denmark there is no legislation and - as far as the Ministry
   of Labour is aware - no collective agreements contain provisions
   concerning fair or equitable wages. It is considered that the
   Government should not interfere in the question of wages. Wages
   are fixed by individual agreement - or by reference to a
   collective agreement between the employer or an employer
   organization for on one side and a trade union on the other. The
   wage fixed in the collective agreement is often a minimum which
   forms the basis of individual agreements. Formally, collective
   agreements are only binding on the parties, but in actual
   practice they often fix a wage level which is generally
   considered equitable. "Equitable wage" is not a widely used
   concept. In principle, there is no difference between fixed-term
   employment or open-ended employment as regards wage terms.

```

```
                  - 49 
  Persons employed for a Job of seven or nine months' duration are
  employed under the normal pay and working conditions applying to
  such work. Employed persons receiving a wage subsidy or on
  employment projects also work under the pay and other working
  conditions fixed by collective agreement or applying to similar

  work.

  Under the Administration of Justice Act property required to
  keep up a modest home and living standard for the debtor and his
  household may not be seized. This provision is supplemented by
  the rules laid down in the Social Assistance Act whereby
  employees and their families have a right to temporary

  assistance in certain cases.

6. The Act on the Public Employment Service and the Unemployment
   Insurance System, etc. ensures that the public employment
  services are open to all job seekers.

IMPROVEMENT OF WORKING AND LIVING CONDITIONS

   In Denmark no special measures have been taken in relation to
   employment contracts. This is also true of temporary contracts.
   Thus the same rules apply to all types of contracts establishing
   an employment relationship. The labour market cannot be divided
   up on the basis of temporary or permanent (open-ended)
   contracts. In several major sectors/occupational fields the most
   common type of employment contract is for temporary work, but
   this does not mean that the employees cannot have a normal
   employment relationship.

   As regards procedures connected with collective dismissals,
   Denmark has implemented the Directive of 17 February 1975 on
   collective redundances (75/129/EEC) by adopting legislation in
   this field. The provisions of the relevant Act are summarized

   be Iow.

   If an employer intends to proceed with collective dismissals he
   is required to open negotiations with the employees or their
   representatives as early as possible. The employer must provide
   the employees with any information relevant to the case and give
   written information on the grounds for the dismissals, the
   number of persons to be dismissed, the number of persons
   normally employed by the undertaking and the period during which
   the dismissals are expected to take place.

   If the employer still intends to proceed with the dismissals
   after negotiations with the employees are completed, he must
   notify the regional labour market board thereof. The dismissals
   may become effective at the earliest 30 days after submission of

   such not if icat ion.

   In the event of bankruptcy or winding-up proceedings, the
   Employees' Guarantee Fund will cover wage claims from employees
   up to a ceiling set at present at DKR 5 000. Payment is made
   when the claim has been filed and duly substantiated to the

   Fund.

```

```
                  - 50 
8. Under the Holiday Act all employees in Denmark are entitled to
  annual holiday with pay or a holiday allowance corresponding to
   the wages earned. For public servants this right follows from an
   agreement in accordance with the Public Servants' Act.

  The Holiday Act and the agreement applying to public servants
   entitle employees to 30 days' holiday corresponding to 5 weeks.
   No conditions apply to holiday entitlement, but the right to the
   holiday pay or allowance is conditional upon qualifying for such
   through employment during the calendar year preceding the
   holiday year (the holiday year runs from 2 May to 1 May the
   fol lowing year).

9. There is no general requirement for employment contracts to be
   drawn up in writing in Denmark. However, in some fields there is
   a statutory requirement for a contract in writing. Terms of
   employment are mainly fixed by collective agreements
   supplemented by various collective agreements at company,
   regional, federation and central organization level.

SOCIAL PROTECTION

10. The Danish social security system comprises a number of general
   schemes which apply to all persons who have their permanent
   residence in Denmark. Early retirement pension, old-age pension
   and sickness insurance are financed out of taxation and pension
   and entitlement to benefits is not dependent upon prior
   employment or income.

   Only Labour Market Supplementary Pension (the so-called ATP   pension) and unemployment benefit are based on contributions
   from employees. Membership of an unemployment insurance fund is

   voluntary.

   If an employee is without a Job, not entitled to unemployment
   benefit as a member of an unemployment insurance fund and does
   not have sufficient means to support himself or his family,
   assistance may be granted under the Social Assistance Act. Under
   this Act the public authorities are required to grant assistance
   to any person residing in Denmark who needs guidance or
   practical or financial assistance for himself or his family.
   However, if there is a need for permanent assistance to a person
   who is not a Danish national and who has not been living in
   Denmark for at least two years with a view to taking up
   permanent residence in this country, repatriation may be

   considered.

   The general rules on unemployment insurance are laid down in the
   Act on the Public Employment Service and the Unemployment

   Insurance System etc.

   The unemployment insurance system is voluntary and is
   administered by the unemployment insurance funds which are
   associations of private groups of employees or self-employed

```

```
               - 51 
persons. There are 39 state-recognised unemployment insurance
funds with about 2 000 000 members. The unemployment insurance
funds are closely related to the trade unions and other
occupational organizations, but admission to an unemployment
insurance fund is not conditional upon trade union membership.

In order to become state-recognised an unemployment insurance
fund must I admit members from one or more areas of occupation
and have at least 5 000 members.

The unemployment insurance system is financed through membership
contributions, employers' contributions and by the state. The
membership contribution is an annual amount corresponding to
eight times the amount of maximum daily cash benefits. The
employer's contribution forms part of the labour market
contribution which is 2)4% of the VAT basis of the undertaking or
simi lar.

To obtain unemployment benefit in the event of unemployment it
is necessary to belong to an unemployment insurance fund.
Persons between 16 and 65 years having their residence in
Denmark (except Greenland and the Faroe Islands) may be admitted
to an unemployment insurance fund if they are employed as an
employee within the occupational field covered by the
unemployment insurance fund; they must also have, during the ten
weeks prior to their application for admission, been so
employed, (for part-time employed persons at least 150 hours and
not more than 300 hours) for more than 300 hours or be able to
prove that they can obtain and actually do obtain such
employment immediately following their admission, or have
completed vocational training within the occupational field
covered by the fund of at least 18 months' duration and file an
application for admission within two weeks of completion of the
training, or be self-employed (except on a temporary basis) to a
significant extent, or participate in the self-employed
activities of their spouse (on more than a temporary basis and
to a significant extent) or be performing military service.
Apprentices under the age of 18 years may not be admitted.
Persons working part-time may normally be admitted to an
employment insurance fund as part-time insured members. Members
who do not have their primary income from paid employment or who
cannot be considered to be seeking permanent employment must
withdraw from the fund (except members undergoing training,
members receiving voluntary early retirement pay and part-time
pensioners). Members undergoing educational training, who for
some reason are temporarily not seeking work, may retain
membership and thus entitlement to unemployment benefit in the
event of unemployment on completion or interruption of the
educational training or on expiry of a short period during which
they have for other reasons temporarily not been seeking work if
they otherwise satisfy the conditions for entitlement to
unemployment benefit. Persons receiving voluntary early
retirement pay or part-time pension retain membership
 irrespective of these rules.

 In connection with dismissal, temporary lay-offs, expiry of a
work on fixed-term contract, etc. the employer is required to

```

```
                 - 52

  pay members of an unemployment insurance fund unemployment
  benefit corresponding to the maximum daily/rate calculated in

  relation to the number of hours for which the member was

  employed. This applies only to members who have been working for
  the employer under a full-time employment contract for two weeks
  out for the preceding four weeks.

  Entitlement to unemployment benefit is conditional upon one
  year's membership of a state-recognized unemployment insurance
  fund. Apprentices and others who have not satisfied the
  admission conditions and persons who have completed vocational
  training of more than 18 months' duration will, however, be
  entitled to unemployment benefit after one month's membership.
  Entitlement to benefit lapses when the member attains the age of
  67 years. Entitlement is further conditional upon the member
  having been, prior to each payment of benefit, been employed as
  an employee or self-employed for at least 26 weeks out of the
  previous three years. For part-time employees the requirement is
  17 weeks. Only employment in membership periods is taken into
  account. Special rules apply to members who perform self  employed activities as secondary occupation. The unemployed
  person must be registered as a job seeker with the public
  employment service and be available for work.

  Unemployment benefit amounts to 90% of previous earnings
  (individual rate), subject to a maximum rate. For part-time
  employees maximum benefit amounts to two thirds of the benefit
  payable to full-time insured persons. A special lower rate
  applies to apprentices, persons who have completed vocational
  training of at least 18 months' duration and persons performing
  military service. Daily cash benefits are paid for six days a
  week. As a general rule, the amount of benefit is reduced when
  members perform paid or unpaid work. Any concurrent payment of
  pension relating to previous employment relationships is offset.
  As a general rule, unearned income does not affect upon the
  amount of unemployment benefit.

  The Act also contains rules on holiday pay. Appeals against the
  decisions of the unemployment funds may, in principle, be made
  to the Directorate for the Unemployment Insurance System.
  Unemployment benefits are taxable as A income.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

11. In Denmark there is no legislation preventing employers from
   joining employers' organizations or employees from setting up
  trade unions. In accordance with case law, employers and
  employees also have a legal right to members of organizations
  relevant to the exercise of their occupation.

   In the public sector, it is unlawful under the public
  administrative rules to impose membership of an occupational
  organization as a requirement for taking up or pursuing an
  occupation. In the private sector, it is unlawful to dismiss
  employees for failure to Join a union or other organization.

```

```
                   53 
12. Guidelines for the conclusion and renewal of collective

  agreements have been laid down between the social partners and
  may thus differ from one occupational field to another as
  negotiations take place between the individual federations or
  associations. Decision-making in negotiations and in the
  conclusion of collective agreements is, as in the case of any
  other agreement, left to the partners involved. However, the
  State supports the social partners' negotiations through the
   independent Conciliation Service which guarantees negotiations
  and ballots on the outcome.

13. Under the special machinery set up to resolve industrial
   disputes it is not, as a general rule, lawful to strike during
   the currency of a collective agreement (the so-called "peace
   clause").

   Work stoppages are, however, allowed where payments are
   suspended or where urgently required by virtue of considerations
   pertaining to life, honour or welfare. In all other cases
   attempts at conciliation are made before any stoppage.

   The conciliators appointed by the Minister of Labour may under
   certain specified circumstances call in the parties for the
   purpose of negotiations where the negotiations between the
   parties have failed to lead to the conclusion of an agreement.
   The conciliators are empowered to postpone industrial action
   where notice has been given twice in a two-week period.

14. Under the Public Servants' Act public servants have no right to
   strike. This also applies to the armed services and the police
   where most posts are filled by public servants.

VOCATIONAL TRAINING

15. In principle, all persons who have undergone compulsory basic
   education under the Danish national school act have access to

   vocational training subject in some cases to specific skills as
   regards the Danish language. The Minister for Education may lay
   down rules restricting access to training institutions in view
   of the related employment opportunities.

   Adult vocational training aims (1) to give vocational training
   and advanced training in line with technological development and
   labour market needs which maintains and improves the vocational
   skills of semi-skilled workers, skilled workers and other
   similar groups, and (2) to give introductory vocational training
   to make it easier for persons experiencing difficulties in
   obtaining or maintain their attachment to the labour market to
   find a job or start training. The training at (1) is open to
   persons having attained the age of 18 years who have or are
   seeking employment within the occupational field concerned. The
   training at (2) is open to persons having attained the age of 18
   years who are experiencing difficulties in obtaining or
   maintaining their labour market attachment. Access to advanced

```

```
                  - 54 
  training for skilled workers is conditional upon the skilled
  worker having completed the related basic vocational training or
  having obtained similar occupational skills some other ways.
  Retraining is also available to the persons who form the target
  group for adult vocational training. No special measures have
  been initiated for foreigners, who have to satisfy the same
  conditions, with the exception of special language courses
  offered to immigrants in connection with participation in adult
  vocational training courses.

EQUAL TREATMENT FOR MEN AND WOMEN

16. The first Danish legislation on equal treatment for men and
  women was launched in 1921 with the Act on equal access for men
  and women to certain public posts and occupational fields. Since
   1975 legislation has been introduced on equal treatment for men
  and women as regards access to employment, maternity leave, etc.

  on equal pay for men and women, on equal treatment for men and
  women in connection with appointment of members to public
   committees, commissions, etc. and on equal treatment for men and
  women in connection with appointment to boards in public

   administrât ion.

   Infringement of the equal treatment and equal opportunities
   legislation may be sanctioned by penalty and compensation.
   Furthermore, the Danish Equality Council may, at its own
   initiative or on request, investigate all matters in this field.

   Reports are being prepared and studies undertaken, conferences
   organized, etc. to raise awareness about problems in this field.
   The Equality Council is at present carrying out a study on the
   interaction between family life and working life.

   A number of measures have been initiated to alleviate some of

   the problems which arise in connection with the combination of
   family and working life, notabty child care facilities and
   maternity leave with the State contributing to the financing.

   In December 1986 the Danish Government presented its first
   action plan for equality which calls on ministries and other
   executive boards to work to promote equality within their
   respective fields of competence. The ministries submit annual
   reports to the Equality Council on initiatives to promote
   equality and the results achieved,

   In addition, training measures have been initiated with a view
   to ensuring equality for women and integration on the labour
   market. Thus, special work introduction programmes for women
   have been organized and pilot projects are under way with
   special vocational training programmes for women.

   The Government has set up an inter-ministerial child committee

   and one of its tasks is to consider initiatives to harmonize

   working life and family life*. With a view to promoting the use

```

```
                 - 55 
  of flexible working time arrangements, in March 1990 the
  Administration and Finance Department sent out a guide on
  flexible working time to all state institutions.

  The central labour market organisations on the private labour
  market extended their cooperation agreement from 1 April 1991 so
  as to ensure that "all matters which promote equal treatment of
  men and women in the individual enterprise" are dealt with by

  the enterprises' cooperation committees and may, if need be, be
  presented to the cooperation board.

INFORMATION AND CONSULTATION OF EMPLOYEES AND CO-DETERMINATION

17. Employees have a statutory right to co-determination, as
  employees in public or private limited companies with more than
  35 employees have a right to elect a number of representatives
  corresponding to half the number of representatives appointed by
  the General Assembly. The same right applies as regards the
  board of the parent company in a group, but only to employees in

  subsidiaries in Denmark.

18. Where the right to information is concerned the most important
  employers' organizations and the public employers have concluded
  agreements with the employees' organizations concerning
  cooperation in enterprises with more than 35 employees. This
   affords employees information and discussion through a joint
  cooperation committee on a number of matters, such as the
   financial situation of the enterprise and its employment
   situation, the principles of its staff policy, training and
   retraining.

HEALTH PROTECTION AND SAFETY AT THE WORK PLACE

19. Legislation concerning safety and health and work was first
   introduced in 1873 with the Act on work by children and young
   people in factories and similar establishments. In 1889 the Act
   on protection against machinery was introduced and in 1901 the

   Act on work in factories and similar establishments and on

   public inspection. The scope of this Act was extended in 1913

   with the Factories Act which was in force until 1955,

   supplemented by the 1906 Act on bakeries and the 1919 Act on the
   inspection of steamer boilers ashore and the 1925 Act on work by
   children and young people. In 1954 this legislation was replaced
   by three Acts on worker protection, viz. (1) the general Act,
   (2) the Act dealing with offices and shops, and (3) the Act
   dealing with agriculture.

   At present, safety and health at work is regulated by the
   Working Environment Act of 1975. This is a framework Act which
   lays down basic principles and sets out few detailed rules.
   Accordingly the Act contains a number of provisions which
   empower the Minister of Labour and the Director of National
   Labour inspection to lay down more detailed and revised rules in

```

```
                 - 56 
  individual fields in cooperation with the social partners. It

  was decided to introduce a framework Act for several reasons.

  Firstly, an act containing many technical details soon becomes
  obsolete. Secondly, a single act cannot provide solutions to all
  problems of the working environment in all types of undertakings
  without becoming too complex. Thirdly, thanks to the form of the
  framework act, the development of the working environment - and
  thus the drafting of the administrative regulations issued under
  powers conferred by the act - can be based on a balanced
  evaluation of considerations relating, on the one hand, to the
  constant improvement of safety and health at work and, on the
  other hand, to the enterprises' need to be able to plan and
  organize their operations properly,

  The framework Act is supplemented by: (1) orders issued by the
  Ministry of Labour, (2) circulars issued by the Ministry of
  Labour, (3) orders issued by the National Labour Inspection and
  (4) guidelines issued by the National Labour Inspection. In
  addition, guides are published, both in connection with orders
  issued by the Ministry of Labour and the National Labour
  Inspection and separately. Notices (not in the form of rules)
  are used to inform the social partners about various matters,
  for instance, information about exemptions granted, campaigns,

  etc.

  The Act aims to create a safe and sound working environment in
  line at all times with technical and social development in
  society and to form a basis so that themselves can

  deal with safety and health with guidance from the labour market
  organizations and with guidance and supervision from the
  National Labour Inspection. The Act applies - with a few
  exceptions - to all work performed for an employer.

  Where aviation is concerned the Act applies only to work on the
  ground and as regards the shipping and fishing industry only to
  the loading and unloading of ships, including fishing vessels,
  to work on board pleasure boats and the like.

  The Act covers the following fields: general safety and health
  work in enterprises, Trade Safety Councils, general duties
  (employer, supervisor, employees, suppliers, repairers,

  planners, etc. and constructors), the performance of work, the
  design of the workplace, technical equipment, etc. substances
  and materials, rest periods and rest days, young persons under
  18 years of age, medical examinations, etc. and rules on
  sanctions and penalties. A number of orders, circulars,
  guidelines, etc. have been issued under powers conferred by the
  Act. The Act is administered by the Ministry of Labour, a
  Working Environment Institute and inspection districts.

PROTECTION OF CHILDREN AND ADOLESCENTS

20. Under the Danish Working Environment Act a minumum age has been
  fixed for certain types of gainful employment. Thus, children

```

```
                  - 57 
  who have attained the age of 10 years may perform certain forms
  of gainful employment. Additional forms of employment may be
  performed by children who are more than 13 years old. Finally,
  there are special rules laying down the type of work that young
  persons between 15 and 18 years may perform and on the kind of
  exposure permitted in connection with such work.

21. There are no special statutory rules exist on the wages paid to

  young persons. As for adults, the wages of young persons are

   fixed mainly by collective agreements. Generally, special lower
  wage rates apply to young workers under the age of 18. The

  question may also be settled by individual agreement with the

  employer.

22. Under the Working Environment Act young persons under the age of
   15 years are not allowed to perform paid work, except for work
   of a light nature for two hours per day. For young persons
   belonging to the household of the employer, this prohibition
   applies only to work with technical equipment, etc. which may
   constitute a risk to them. In agriculture the Minister of Labour
   may lay down rules on an age limit lower than 15 years. Finally,
   the working time for young persons under 18 years may not
   normally exceed the usual working hours for adults employed in
   the same occupational field. Young persons are not allowed to
   work more than 10 hours per week,, The working time is a
   continuous period interrupted only by appropriate breaks for
   eating and resting. As regards evening and night work performed
   by young persons, the main rule is that young persons under the
   age of 18 years are not allowed to work after 10 p.m.

   The organization of vocational training is regulated on the
   basis of the Act on vocational training schools and the Act on
   vocational training. These rules are extensively based on
   cooperation between the public authorities and the social

   partners.

23. It is also possible for young persons to undergo basic
   vocational training (cf. point 15 above). This training is

   adapted to labour market needs, but also aims to satisfy the

   interest of society and of the individual trainee in obtaining

   basic vocational knowledge.

THE ELDERLY

24. Danish citizens become entitled to Danish old age pension by
   virtue of their residence in Denmark. Each year's residence
   between the age of 15 and 67 years gives a right to 1/40 of the
   full amount of pension. Entitlement to old age pension is not
   related to occupational activities.

   All persons who are nationals of a EC-Member State and who by
   virtue of residence in Denmark are covered by Regulation 1408/71
   will thus be entitled to payment of a Danish old age pension
   calculated on the basis of the number of years' residence in
   Denmark. The full amount of the Danish old age pension is at

```

```
                 - 58 
  present DKR 4 663 per month; this amount is regulated once a
  year, the regulation percentage being based on prices
  developments. Where such pension, supplemented by pension from
  previous countries of residence, is insufficient, supplementary
  assistance may be granted in the form of a personal supplement
  to persons residing in Denmark.

25. Any person residing in Denmark has a right to free medical
  treatment and hospital treatment. This right is not conditional
  upon the exercise of paid employment.

DISABLED PEOPLE

26. Under the Social Assistance Act the public authorities are
  required to provide assistance to any person who is in need of
  support for the development or maintenance of his working
  capacity where this is considered necessary to enable the person
  concerned to support himself and his family. A vocational
   rehabilitation plan is prepared and a rehabilitation allowance
   is paid in connection with the implementation of the measures
  envisaged in the plan. In addition, special support may be
  granted for special expenses arising from the disablement and
   also for special expenses for training or other activities
   included in the plan.

  Within the framework of the Ministry of Labour a pilot project
   was initiated three years ago for bringing disabled persons into
   employment. Under this scheme, state support may be granted for
   the engagement of a personal assistant to the disabled person in
   order to improve the likelihood of his obtaining or maintaining
   employment. An evaluation will be carried out by the end of 1991
   with a view to deciding whether this project should be a
   permanent measure.

   Furthermore, a special scheme has existed since the mid   seventies whereby disabled people who have difficulties in
   obtaining employment on the ordinary labour market have priority
   access to certain types of regulated public Jobs for which they
   are suitable.

INDUSTRIAL RELATIONS IN DENMARK

27. In Denmark the social partners are themselves responsible for
   major fields connected with employees' working and living
   conditions. Accordingly, if they fail to reach agreement there
   is no legislation to fall back on. This does not mean that the
   state does not have any responsibility in the labour market
   policy field: however there is a certain division of tasks
   between the state and the social partners. The state refrains
   from using its powers as long as the labour market is
   functioning properly without legislation. As a result the
   organizations and their members hold more responsibility in
   relation to the schemes that they have themselves agreed upon

```

```
                  - 59 
  than they do in relation to schemes imposed upon them. Another
  characteristic feature of the Danish system is that the same
  matter may often be regulated at more than one level, viz. both
  at the level of legislation, of national collective agreements,
  the enterprise and finally, at individual level. The advantage
  of this system is its high degree of flexibility.

28. This system, which is based on the principle that the state
  should not intervene in matters of labour law, was developed
   towards the end of the last century and during the early years
  of this century. It was based on the establishment of large
  national organizations on both the employers' side and the
  employees' side. After a major industrial dispute in 1989 the
  workers' and employers' organizations acknowledged by mutual
   agreement each other's right to negotiate and conclude
   collective agreements on wages and other working conditions for
   their members. The agreement also comprised a set of rules
   relating to the right to strike and call a lockout. The state
   contributed to the system by establishing an institution for
   impartial and independent concilation in cases where the parties
   fail to reach agreement. The state further set up a special
   court, the Industrial Court, where expert judges have to deal
   with cases involving breach of a collective agreement. The
   principles of this system remain unchanged today, although the
   agreement has been renewed several times. Consequently there is
   still a strong tradition that questions concerning pay and
   working conditions are determined by the social partners
   themselves and not by the state. The role of the state is to
   provide the parties with the institutional framework for their

   discussions.

29. The Danish trade union movement is made up of a number of
   national unions, each covering a specific trade or occupational
   field. Some of these unions - with a membership of 1.42 million
   (1990) workers out of the total workforce of about 2.9 million

   (1989) - are affiliated to the Federation of Danish Trade Unions

   (L0). Other unions have joined the Federation of Public
   Servants' and Salaried Employees' Organization (FTF) and the
   Central Organisation of Academics (AC). More than 80% of Danish
   employees are union members.

   The employers belong mainly to the Danish Employers'
   Confederation (DA) and the Federation of Employers in
   Agriculture (SALA), but there are also other employers'
   organizations. Although the membership rate on the employers'
   side is lower than on the employees' side, these central
   organizations of employers set standards and it is usually
   possible for a union to conclude an agreement with a non-member
   employer on terms similar to those laid down in the agreement
   with the Danish Employers' Confederation.

   It should be mentioned in this connection that the public sector
   - i.e. the state and the counties and municipalities - now
   covers one third of the labour market, so the public employer is
   the biggest employer. Most fields within the public sector are
   regulated by collective agreements similar to those applying in
   the pr ivate sector.

```

```
                 - 60 
30. As regards EC cooperation in the field of labour market and
  social questions, the social partners in Denmark are actively
   involved in the decision-making process all the way from the
  stage of the Commission initiative to the taking-up of the
  Danish position in connection with adoption in a Council
  meeting. The implementation of directives, etc. also takes place
   in cooperation with the social partners, in some cases in the
  form of collective agreements, subject to the state's principal
  responsibiIity.

```

###### F R A N C E

```
                  - 62 
FREEDOM OF MOVEMENT FOR WORKERS

QUESTION 1

Articles 6 and 13 of Decree No 81-405 of 28 April 1981 transposing
into French national law Directives 64/221 of 25 February 1964 and
68/360 of 15 October 1968 state that a residence permit may not be
refused to a worker entitled to freedom of movement except on
grounds of public order, public safety or public health.

QUESTION 2:

The French authorities ensure that the provisions guaranteeing the
right of residence to workers from the European Economic Community
are applied.

Access to all professions and occupations for EEC workers is
accorded under the same conditions as those applied to French

nat ionals.

However, subject to further progress on the equivalence of diplomas,

the main obstacle to the free movement of workers still seems to be

the non-recognition of vocational qualifications.

New initiatives

The most important new initiative to reinforce freedom of movement
is the bill to introduce miscellaneous provisions relating to the
public service, which is currently going though the adoption
process. This bill provides for an Article 5bis to be added to the
general statutes covering civil servants (Law of 13 July 1983), to
allow access for Community citizens to certain bodies, job groups or
jobs in the French public service.

This will be implemented by amending the specific statutes governing
public service bodies, so that they specifically allow foreigners to
apply for such jobs through the competition process and set out any
restrictions concerning certain jobs within the bodies concerned.

QUESTION 3:

Article 10 of Regulation 1612/68, the provisions of which are
 incorporated into Article 1 §k) of Decree No 81-405 of 28 April
1981, gives the members of a worker's family the right to install

themselves with that worker.

The family members installed with a worker from an EEC Member State
thus enjoy equal treatment with French nationals, with specific
reference to the arrangements for social assistance, housing
assistance and loans, vocational training, grants, social
protection, etc.

Recognition of diplomas

A clear distinction must be made between the recognition of diplomas
 for academic and occunatinnal nnrnnsAs.

```

```
                 - 63 
In France, the State is not concerned with the academic recognition
of diplomas, which is entirely the responsibility of higher

education establishments.

However, the Ministry of National Education, through its National
Academic Recognition Information Centre, encourages the mobility of
students, teachers and research workers within the Community by
providing them with information on studies and university courses
abroad.

The recognition of diplomas for occupational purposes is covered by
the Directive 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, which is currently being transposed by the departments
responsible for supervising the regulated professions in question.

Furthermore, common training courses are set up by training bodies
acting in partnership with up to three or four institutions in other
Member States, either under Community programmes or on their own
ini t iat ive.

The qualifications awarded on completion of these courses are
awarded on a Joint basis or on the principle of mutual recognition.
They may then be recognised by employers' organizations (cf. Chamber
of Commerce and Industry).

Front ier workers

The living and working conditions of frontier workers are improved
by regulations providing for unemployment benefit, pursuant to
Community Regulation 1408/71 (Articles 68 and 71 I a ii). A
frontier worker without employment receives compensation from the
country of residence according that country's legislation, as if he
or she had been subject to this legislation when employed in his or
her last Job.

Where benefits are calculated on the basis of previous earnings, it
 is the wage received by the beneficiary for his or her last job
which is taken (FeI linger judgment of 28 February 1980).

Consequently, a frontier worker living in France receives benefit
 from the ASSEDIC in accordance with French legislation and on the
basis of the wage received for his or her last job.

Other- measures now being introduced include the creation of European
Citizens' Advice Bureaux to provide frontier workers on both sides
of borders with information on working and living conditions in the
 country in which they work. An ECAB is already operating on an
 experimental basis to serve the border between Nord-Pas de Calais
 and Hainaut, making use of the WaI Ionian, employment service and the
 French national employment agency (ANPE).

Other ECABs are currently at the planning stage, in the first
 instance for the Rhône Alpes-Northern Italy region.

```

```
                  - 64 
Finally, there are also computerized systems for the exchange of
information on vacancies between the employment services of :

  WaI Ionia and Nord-Pas de Calais

  Baden-WUrttemberg and Lorraine
  Saar/Rhine land-PaIatinate and Alsace.

Such systems also exist between Italy (Piedmont) and Rhône Alpes,

but still on a manual basis.

EMPLOYMENT AND REMUNERATION

QUESTION 4:

Apart from conditions relating to competence which apply to certain
professions, there are no general provisions preventing access to
employment for certain persons.

QUESTION 5:

Fair remuneration

The free determination of wages is a fundamental principle of French
labour law. The employer is free to fix the form and amount of an
employee's remuneration, who may then accept or reject the terms.
However, this freedom is applied within a legal framework comprising
 limits established by legal and agreement-based guarantees.

The "minimum growth wage" guarantees the purchasing power of lowerpaid employees. Instituted by the Law of 2 January 1970, it is an
hourly wage linked to changes in the national consumer price index,
thus guaranteeing its purchasing power. Furthermore, in order to
ensure that the employees concerned benefit from the economic
progress of the nation, the minimum growth wage is also increased in
 line with general economic development. The annual rise in its
purchasing power cannot therefore be less than half the rise in
purchasing power of the average hourly wage rate. As of 1 July 1990
the minimum growth wage stood at FF 32.66 per hour, giving a monthly
remuneration (for 169 hours) of FF 5 519.54 gross and a minimum of

FF 4 524.16 net.

All collective agreements applicable to specific sectors guarantee a
minimum remuneration. So that this is realistic, in other words

higher than the statutory guarantee provided by the minimum growth

wage, the government has encouraged employers and employees to
negotiate. The Commission Nationale de la Négociation Collective,
which met on 8 and 26 June 1990, laid down the objectives to be
achieved through sectoral negotiation by 1992:

   no agreement-based minimum wage to be lower than the minimum

   growth wage;
   classification scales taking account of technological change and

   new forms of work;

   career development prospects for all employees.

```

```
                 - 65 
An initial review in June 1991 found that these objectives had
already been partly achieved.

Wages of atypical workers

Atypical workers (those on fixed-term contracts as per Articles
L 112-1 et seq. of the Labour Code or temporary work as per Articles
L 124-1 et seq. of the Labour Code) must enjoy the same rights as
the company's other employees. Their remuneration must be at least
equal to that which other employees of the company with equivalent
qualifications and employed in the same job would receive after a
trial period. They are also entitled to benefits to compensate for
the non-permanency of their employment. The end-of-contract
allowance payable to employees with fixed-term contracts was
increased to 6% of gross remuneration by the Law of 12 July 1990 on
encouraging the stability of employment by amending the system of
non-open-ended contracts. Similarly, temporary employees are
entitled to an end-of-job allowance of 10%.

Part-time workers (Articles L 212-4-2 et seq. of the Labour Code),
i.e. employees working reduced hours amounting to at least one fifth
of the statutory or agreement-based working time, must receive a
remuneration equivalent to that of their full-time counterparts
calculated on a pro rata basis in accordance with their working
t i me .

Witholding. seizure or transfer of wages

To ensure that workers retain the necessary means of subsistence for
themselves and their families, French law places a limit on the
withholding, seizure or transfer of wages. The amount remaining is
sufficient to provide a minimum subsistence income for the employee
and his or her famiI y .

QUESTION 6:

Any person seeking paid employment can benefit from public placement
services free of charge by registering with the national employment

agency.

 IMPROVEMENT OF LIVING AND WORKING CONDITIONS

QUESTION 7:

Duration and organization of working time

The statutory weekly working time is 39 hours, and 130 overtime
 hours per year may be worked by each employee at his or her
 discretion.

 Since 1982, the duration and organization of working time has been
 the subject of a series of reforms forming part of a general
 movement towards flexibility and diversity of contract conditions in
 preference to a standardized statutory norm.

```

```
                  - 66 
The Order of 16 January 1982 offers the following possibilities:

  exemption by an agreement covering the sector as a whole or the

   company concerned from the working time organization procedures

   laid down by the Decrees of 1937;

  organization of weekend shifts as an exemption, by agreement
   applicable to the sector or company, from the principle of

   Sunday rest;

   flexibility of working time organization during the week in
   connection with reducing working hours and limiting overtime.

The Law of 13 November 1982 made it compulsory for companies to hold
negotiations at least once a year on the effective duration and
organization of working time.

The Law of 28 February 1986 introduces provisions for the
organization of working time (flexibility of working time, rest
days) and makes them dependent upon sectoral negotiations. The
Order of 1 August 1986 lays down similar provisions for intermittent

work.

The Law of 19 June 1987 redefines and harmonizes certain procedures
for organizing working time, including compensatory leave,
flexibility and cycles. It permits continuous work on economic
grounds and exemptions from the ban on night work for women in
industry. Regarding implemention of these provisions, it gives
priority to collective bargaining, whilst on the flexibility of
working time and intermittent work it offers a choice between
sectoral and company negotiations.

This Law has been supplemented on a number of points by the Law of
3 January 1991 on the promotion of employment through in-house
training, aid to social and occupational integration and
organization of working time, introduced pursuant to the third
employment plan. Its provisions on working time include two
para I lei object ives:

   organization of working time to favour employment, by extending
   the duration of equipment use and encouraging improvements in
   job shar ing;

   more control by employees over their working time, making it

   easier for them to reconcile the demands of their work with

   those of their family and social life.

Fixed-term contracts

Without detracting from the benefits of short-term contracts, which
reflect the real need of companies to adapt employment to short-term
economic fluctuations, the Law of 12 July 1990 amended the rules
applicable to fixed-term employment contracts and temporary work in
order to improve the monitoring and control of these forms of
employment. As a result, they are permitted only for precise tasks
and in specific cases set out in the Law. Such contracts may not
have the objective or effect of employing the workforce needed for a
company's normal, ongoing activities.

```

```
                  - 67 
Furthermore, non-permanent workers may not be employed by
establishments which have recently made workers redundant on
economic grounds, and the previous ban on the temporary employment
of workers in particularly dangerous Jobs is extended to cover

fixed-term contracts as well.

Stricter controls on the use of non-permanent labour also derive

from the provisions on the duration and renewal of contracts. The
maximum duration, including renewal, is in principle reduced to 18
months (from 24), with a number of specified exeptions.

Furthermore, neither form of non-permanent contract may now be

extended more than once.

To help prevent occupational accidents to atypical workers, the Law
includes important provisions on safety, particularly increased
safety training for such employees who are assigned to workplaces
presenting specific hazards-, the company must draw up a list

thereof.

Generally speaking, vocational training for non-permanent workers

has been improved.

Finally, the Law introduces penalties for infringements of the
regulations on fixed-term contracts and increases those relating to
temporary work and the illegal subcontracting and hiring out of

labour.

Part-t ime work

The statutes governing part-time work provided by the Orders of 26
March 1982 and 11 August 1986 guarantee such employees a status
comparable to that of full-time workers.

The Law of 3 January 1991 adopted pursuant, to the third employment

plan contains an important innovation, namely that workers now have

a right to work part-time, whereas previously it was up to the

employer to offer this possibility. The conditions for the

 implementation of this new right, particularly the procedures for

the submission and consideration of applications, are left to
negotiation between the employers and employees. After 1 January
1992 the government will study the outcome of these negotiations and

take any necessary action.

Procedures for collective redudancies

Before effecting collective redundancies on economic grounds, the
employer must consult the workforce representatives and respect
certain time-limits. The workforce representatives may call in
experts. These formalities differ depending on whether the number
of employees involved over a 30-day period is less than ten, or ten

or more.

Under the Law of 30 December 1986, the authorities no longer have to

give permission to the employer for redundancies on economic

grounds, but must merely be informed of plans.

 Employers must take measures to limit the number of redundancies or

 to assist the redeployment of employees whose redundancy cannot be

```

```
                  - 68 
avoided. Such measures include redeployment agreements allowing the

employees concerned to receive a guaranteed level of income,

together with training, over a period of six months.

Employees made redundant are entitled to a redundancy payment.

Bankruptcies

Under the terms of the Law of 25 January 1985, a company is subject

to compulsory financial restructuring or liquidation proceedings

when it can no longer meet its payments, i.e. where its liabilities

cannot be covered by its available assets.

The current arrangements for the compulsory financial restructuring

of companies are designed to safeguard the industrial potential and

the jobs which go with it.

The works committee must be informed and consulted before the

suspension of payments is announced, if compulsory financial
restructuring proceedings are started against the company, before
any decision on the continuation of activities and when a financial
restructuring plan is being drafted. The person or persons which
the committee appoints to represent it must be heard by the court.

The works committee may inform the court or public prosecutor of any

facts indicating the suspension of payments by the company. The

court adopts a financial restructuring plan or pronounces the
liquidation of the company.

All employers must insure themselves against the risk of non-payment
of sums due to their employees, including those seconded or employed
abroad, in the event of compulsory financial restructuring or
liquidation. The relevant scheme is operated by the Association
pour la Gestion du Régime d'Assurance des Créances des Salariés
(Association for the management of the insurance scheme covering
debts to employees) and is financed by contributions from employers.

QUESTION 8:

Since the Order of 16 January 1982, employees have been entitled to
```

_**2Vz**_ **`working days of annual paid leave per month`** **`effectively`** **`worked`**
```
for the same employer between 1 June of the previous year and 31 May

of the current year, giving five weeks of annual leave.

Employees have a legal right to a weekly rest period of at least 24
consecutive hours. Except where an exemption is granted, this must
be on Sunday. Decrees adopted in 1937 extended this right by
providing in many cases for two consecutive rest days per week.

QUESTION 9:

Conditions of employment are not necessarily set out in a written

document.

However, in some cases the law requires a written contract and
specifies the clauses which must be included. This applies to all
contracts other than open-ended full-time ones.

```

```
                  - 69 
SOCIAL PROTECTION

QUESTION 10:

a) Generally speaking, social protection on a personal and
   compulsory basis is granted to employed and self-employed
   persons exercising a paid occupational activity. The members of
   the insured person's family may also be entitled to certain
   benefits (health insurance, survivors' pensions, etc.).

   There are four main groups of statutory systems (general system
   for employees, special systems for employees, systems for non   agricultural self-employed workers, agricultural holders'
   scheme), each of which applies to a given socio-professional
   category or set of categories and provides protection against
   the various risks covered by French social security (illness,
   maternity, death, invalidity, accidents at work, old age,
   widowhood, dependants). Unemployment insurance is not included
   in the French social security system.

   The general system is by far the largest, covering some 82% of
   insured working persons against illness and maternity (benefits

   in kind, i.e. reimbursement of the costs of medical treatment,

   hospitalization, medicines, etc.).

   French social security is therefore organized on the basis of a
   group of statutory systems which are managed under the
   supervision of the competent authorities.

b) French social security, the objective of which is to guarantee a

   sufficient level of benefits to the individuals concerned

   (mainly workers), is financed primarily by contributions (90% in
   the case of the general system, with 27% and 73% funded by
   employees and employers respectively). These contributions are
   levied on occupational income (from paid employment or self   employment) and substitute incomes (retirement pensions,
   unemployment benefit, early retirement pensions).

   However, certain special schemes covering only a small number of
   persons, are financed mainly by state contributions and
   transferred revenue. The agricultural system is also financed
   mainly by state subsidies, appropriated taxes and transfers.

 c) French social security was originally linked to the exercising
   of an occupational activity, but has become more generalized in
   that the entire population now has access to social protection,
   at least as far as family benefits, sickness and maternity   benefits in kind, and old age are concerned.

   It should be noted in this connection that:

      the right to family benefits is not dependent on
     occupational activity;

```

```
                 - 70 
     employed workers who do not meet the conditions of
     entitlement to sickness and maternity benefits under the
     general scheme (minimum 200 hours of paid activity per
     quarter or levied contributions for a period of six months
     on a salary of at least 1040 times the hourly minimum growth
     income) are covered - subject to explicit refusal on their
     part - by the "personal insurance" scheme, which provides
     them with benefits in kind equivalent to those under the
     general scheme-,

     non-active persons not covered against illness and maternity

     as members of a worker's family may receive cover under the

     "personal insurance" scheme if they so wish;

     finally, persons who have previously been covered by
     compulsory social insurance may continue to be covered
     against the risks of invalidity, old age and widowhood by
     subscribing to voluntary insurance. The same applies to
     parents with dependent children in respect of pension

     insurance.

d) French legislation includes provisions to allow persons excluded

  from the labour market and having no means of subsistence to

  receive sufficient benefits and resources:

     regarding access to health care, the personal insurance
     contributions of the persons mentioned under c) may, where
     such persons do not have sufficient resources, be covered by
     social assistance or the family benefits scheme as
     appropr iate;

     there are also a number of provisions to guarantee a minimum
     level of resources for the most deprived, namely the
     "minimum integration income" introduced by Law No 88-1088 of
     1 December 1988 for all persons unable to work, the "old-age
     minimum" pursuant to Volume VI I I of the Social Security
     Code, the handicapped adult's allowance pursuant to Articles
     L.821-1 et seq. of the Social Security Code and the single
     parent's allowance granted according to the conditions laid
     down in Articles L.524-1 et seq. of the same Code (FF 2 888
     per month plus FF 935 per dependent child).

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

QUESTION 11

Organizations wishing to operate under the Law of 21 March 1884 on
trade unions must comply with a number of formalities. The founders
of a trade union must provide the local authorities of the place

where the union is established with its articles of association and

the names of the persons responsible for administration or
management. These few simple formalities are part of the "prior
declaration" arrangements, which apply to the freedom of
association. Their objective is to provide information and openness
and they exclude any institutionalized control by the authorities.

```

```
                  - 71 
French legislation does not therefore contain any obstacles to the

formation of professional or trade union organizations by employers

and workers of the European Community. The freedom to Join or not

to Join a union is expressed in the preamble to the Constitution.

Any discrimination resulting from the failure to respect this

freedom is subject to penalties.

QUESTION 12:

Agreements may be negotiated at interprofessional, sectoral or

company level.

Whatever the level of negotiation, only the representative trade

union organizations may negotiate with the employers' organizations

or groups or with one or more individual employers. Representative

trade union organizations are:

   the organizations affiliated to one of the five confederations

   considered to be representative at national and

   interprofessional level;

   organizations which have demonstrated that they are

   representative at the level where negotiations are taking place
   (this is assessed on the basis of their membership and
   independence).

For an agreement to apply, it is sufficient for it to have been

signed by an employer or employers' organization and by a union

which is representative of the employees. Unanimous agreement of

all negotiating parties is not essential.

However, agreements do not apply to all companies. To counter this
situation, the Ministry of Labour may adopt an Extension Order to
make a sector agreement applicable to all companies whose main
economic activity is that of the sector and which are in the
geographic area specified in the agreement. Extension of a sector
agreement thus means that it applies to all companies in the sector,
even where the employer is not a member of one of the employers'
organizations which have signed it.

Negotiations may be entered into at any time at the initiative of
the negotiators on subjects of their choice. However, negotiations
on certain subjects are compulsory, at intervals laid down by the
Law of 13 November 1982, as follows:

   at sector level: all employers' and employees' organizations
   which are party to a sector agreement must negotiate wages at
   least once a year and categories at least once every five years;

   at company level: wages and the duration and organization of
   working time must be negotiated every year in all companies with
   at least one union delegate; the procedures for applying the
   right of expression must be negotiated in certain companies.

```

```
                  - 72 
QUESTIONS 13 and 14:

The r ight to str ike

Paragraph 7 of the preamble to the Constitution states that the
right to strike shall be exercised within the framework of the laws
governing it. However, this framework of laws has been invoked only
to a very limited extent.

   In the public sector, the imperative need for continuity of the
   public service has justified limitations and in some cases

   abrogation of the right to strike and the institution of a
   special procedure.

Legislation has been introduced to ban strikes by judges (Order of
22 December 1958), military personnel (Law of 13 July 1972), police
officials (Law of 9 July 1966), staff of the external services of
the prison administration (Order of 6 August 1958), officials of the
state security police (Law of 27 December 1947) and staff of the
Interior Ministry's transmission services (Article 14 of the Law of
31 July 1968).

Legislation also ensures that in the event of a strike a minimum
radio and television service can be provided (Laws of 7 August 1974
and 26 July 1979) and limits the right to strike in the air
navigation services (Law of 31 December 1984 and Decree of 8 July

1987).

A specific procedure must be followed, consisting of five days'
advance notice to be given by one or more representative trade union
organizations, and the obligation to negotiate during this period
must be respected (Law of 31 July 1963).

   In the private sector there is only a single legal provision,

   which is that a strike does not terminate a contract of

   employment except in the event of serious misconduct by an
   employee; any dismissal in contravention of this principle is
   null and void. In view of this almost complete absence of
   legislation, the courts have developed a system of praetorian
   law applying to strikes.

Procedures for settling disputes

The Law of 13 November 1982 sets out the procedures for settling
collective labour disputes.

 in the event of a dispute, the parties may either take the matter to
a conciliation committee which attempts to bring together the
different points of view, call in a mediator whose Job is to propose
a solution which the parties are free to accept or reject, or ask an
arbitrator to work out a solution which is then binding on both
part ies.

```

```
                    - 73 
  VOCATIONAL TRAINING

  QUESTION 15:

  1991 sees the 25th anniversary of the Law of 1966, which laid the
  foundations for a modern vocational training policy, and the 20th
  anniversary of the Laws of 1971, which allowed the joint agreement
  signed by both sides of industry in 1970 to be implemented fully.

  The Law of 4 July 1990 on training entitlement constitutes a new
  stage in French legislation on vocational training law, introducing
  the principle of the right of members of the workforce to
  qualifications, whether or not they have a Job.

  The youth training entitlement system became operational, as
  planned, at the beginning of the 1989/90 academic year. The
  objective was to allow 100 000 job-seekers under 26 years of age to
  attend training courses leading to genuine qualifications.

  Between the beginning of the individual training entitlement scheme
  (September 1989) and the end of April 1991, 200 000 persons had
  started a training course under the scheme.

  Furthermore, it is estimated that around 10% of the young people
  entering the individual training entitlement scheme directly via a
  further education course, a course to prepare young people for
  working life, an alternance training contract, or some other adult
  vocational training course or course organized by the regional
  authorities were not accepted by the CNASEA (National centre for the
  improvement of agricultural holdings and structures) before 31
  December 1990 following this first stage.

  So that young people can be offered training courses taking account
  of their background, potential and available training possibilities,
  "skill assessments" are proposed.

  Between October 1989 and December 1990, 94 603 skill assessments

  were carried out (duration between 6 and 16 hours).

  A estimate based on an inter-regional survey shows that 80% of
  trainees at the qualifying stage opted for either commerce (35%),
  office Jobs (25%) or hotels and catering (20%) (source: IREDU

  October 1990).

  By the end of January 1991, 18 988 young people had obtained at
  least a partial certificate and 5 499 a full certificate for level
  v C ), giving a total of 24 487 young persons (source: DFP   January 1991 survey, metropolitan France).

  Various provisions are already being considered with a view to
  introducing the following improvements:

(1) Excluding the certificates of vocational training obtained through
  qualification and apprenticeship contracts; these are included under
   individual training scheme courses, but numbers could not be
  obtained bv this survey.

```

```
                   - 74 
   diversification of training courses:

  To be achieved by extending the range of trades and completing

  measures aimed at integration, giving rise to a procedure for
   returning to training (courses on initiation into working life,

   themselves revamped, "solidarity" employment, measures under the
   minimum integration income system) and arrangements for

   acquiring genuine qualifications, e.g. apprenticeship and

   qualification contracts.

On the basis of existing training arrangements, the vocational

training entitlement system is to be extended gradually to all
workers (young, adults, employed and unemployed) who have not yet

obtained a vocational or technical diploma through individual

training leave.

The conditions are established for utilization of the various means

likely to guarantee real access to qualifications, i.e. consultation
and guidance, help with taking a decision, assessment of skills
already acquired and access to training leading to recognised
quai i f icat ions.

These procedures have already been applied to young job-seekers,

whose needs are more urgent, but unqualified workers faced with an

employment problem, in their company or on the labour market, are

also a priority case regarding the right to qualifications.

The agreement of 18 March 1990 between the two sides of industry
(responsible for administering individual training leave) and the
State has opened up the training entitlement system to employees.
The means thus made available are likely to lead rapidly to the
doubling of the numbers of beneficiaries by taking in active workers
without vocational qualifications.

The employers' contribution to the financing of individual training
leave has gone up from 0.10% to 0.15% of their total wage bill. The
State has allocated a budget of FF 500 million for individual
training of employees in 1991. This means that as from next year a
total of FF 1 000 mi I I ion will be spent on this new mechanism.

One of the objectives of the Law of 4 July 1990 is to promote
quality and innovation. The Law requires training programmes to be
approved before agreements are signed by the State and also imposes
stricter controls on training bodies.

It is necessary to improve training for instructors and for the
persons responsible for training young people in companies, to
increase the amount of general and technical education in training
programmes and to make greater use of modern training methods,
particularly the multi-media.

The recovery of the economy has revealed shortages of qualified
 labour affecting around 50% of industrial concerns. The measures
 introduced to provide qualifications for all those who are without,
particularly through the individual training entitlement scheme,
will remedy this situation.

```

```
                    - 75 
  However, technological change and increased international
  competition necessitate a more general improvement in the level of
  qualification of the working population as a whole, and it is for
  this reason that the apprenticeship system is being modernized and
  extended to higher levels of training. Large sums are also
  earmarked in the 1991 draft budget for the ongoing training of
  engineers in order to have an annual output of the qualified
  engineers needed.

  France also now has to prepare itself for the emergence of new

  occupations - hence the schemes to provide new qualifications.

  Support is given to companies and sectors to help them achieve three

  essential aims:

     to create optimum conditions for the negotiated modernization of
     the economy, integration of technological change and adaptation
     to increased competition on the markets-,

     to encourage a fundamental change in the attitude of the various
     parties in the economy by involving employees in the
     implementation of negotiated modernisation;

     to help unqualified employees obtain a first qualification.

  Priority tools in this connection are forecasting contracts and

  training development commitments.

  The principles of State activity are based on four lines of concern:

     to ensure that contracts take the form of an agreement covering
     the company's training policy over several years-,

     to ensure that the funding according to such an agreement
     represents a significant increase over the previous level of
     expenditure and normal practice within the sector;

     to improve the quality of the company's training plan;

     to make use of several levels of intervention, namely sectoral
     or interprofessional group agreements and individual agreements
     with specific companies, with contracts as a whole capable of
     being administered on a national or regional basis.

  Since 1988 20 forecasting contracts have been concluded or are being
  prepared, covering a large part of French industry. State aid
  supplements the financial investment of the sectors to the amount of

  50% of the cost of the studies. In 1988 this amounted to

  FF 15 mi I I ion.

  In 1990 the State allocated a total of FF 420 mi I I ion to training
  development commitments, covering almost 400 agreements.
  FF 218 million went on regional measures alone^ [2] ), including
  FF 3 million on accompanying measures (aid for advisory and
  consultancy services) benefitting 132 951 trainees in almost 5 500
  companies, which themselves spent FF 330 million on these

  act ivi t ies.

(2) The figures for the Languedoc-Roussi I Ion region are not yet

```

```
                  - 76 
The detailed figures for national agreements in 1990 are not yet
available. In 1989 there were 302 agreements and 71 770 trainees,
and the amount of FF 132 million was spent by the State.

Total contract policy expenditure in 1989 represented 1.7% of GDP.

Negotiations between the two sides of Industry started on 5 February
1991 with the aim of bringing vocational training into line with the
needs of the 1990s. Negotiations will take account of the
possibilities opened up by the new administrative procedures and
regulations, developments in French manufacturing industry and the
modernization of companies. Training problems must be analysed at

the local level closest to the emergence of needs.

The national interprofessional agreement on vocational training was
concluded on 3 July 1991 and signed by all parties except the
representatives of the Confédération Générale des Travailleurs.

The plan is to incorporate the main principles into legislation in

the autumn of 1991.

The right to continuing training is a territorial one, i.e. any
person from an EEC Member State resident in France and employed by a
French company has the same rights to continuing training as a
French employee in accordance with the provisions in force.

However, there is a problem as regards linking the regulations of
the different Member States, particularly the question of how the
 legislation of the host country can take account of the rights which
an employee has built up in his or her country of origin.

EQUAL TREATMENT FOR MEN AND WOMEN

QUESTION 16

 I Occupât ion

Law No 83-635 of 13 July 1983 transposed Directive 207/76/EEC of

9 February 1976 into national law.

 It enables action promoting equal treatment for men and women to be
stepped up in various ways.

The law has set up a High Council for equal opportunities at work
which is made up of representatives of the administrations that
equal opportunities concern most, including the directorate for
employment relations, representatives of trade union organizations,
representatives of employers' associations and individuals with the
r ight qualificat ions.

This Council was set up on 17 July 1984. It was chaired by the
Ministry for Womens' Rights then by the Ministry for Social Affairs
and Employment and is now chaired by the Secretary of State for

```

```
                77

Women's Rights. It has an advisory role on documents relating to
equal opportunities for women or conditions of employment and
receives a report every two years taking stock on equal
opportunities at work, listing action taken in this field by the
ANPE (national employment agency), the AFPA (association for adult
vocational training), ANACT (national agency for the improvement of
working conditions), the Labour Inspectorate's departments and the
National Commission for Collective Bargaining.

The law created several instruments for achieving its aims - respect
for equal rights and equal opportunities for men and women:

   An instrument for diagnosing the situation in enterprises: a
   report on the comparative position of men and women which is
   obligatory in enterprises with more than 50 workers.

   An instrument for negotiation: the agreement on equal
   opportunities at work concluded by the enterprise or the branch

   Financial aid: contracts covering equal opportunities at work
   later complemented by contracts to make Jobs open to both sexes,
   aimed particularly at small and medium sized enterprises and
   industr ies.

   The latter encourage diversification of the jobs occupied by
   women and facilitate their access to qualifications for jobs
   where they are under-represented.

   State aid for enterprises has two aims:

   to promote diversification of women's employment and to
   encourage them to obtain qualifications or jobs where they are
   in a minority (80% men).

New provisions were issued in 1989 to eliminate discrimination.

Law No 89-549 of 2 August 1989 made negotiation on measures to
 remedy any irregularities statutory. Negotiation mainly covers:

   Conditions of access to employment, training and promotion

   Working and employment conditions.

 The negotiations take place between the trade unions and employers'
 organizations who have concluded a sectoral or professional
 collective agreement (Article L 123-3-1 of the Labour Code).

 Law No 89-488 of 10 July 1989 made it possible for enterprises with
 fewer than 300 workers to conclude an agreement with the State to
 enable them to receive financial aid to examine how they stood with
 regard to equal opportunities at work and what could be done to
 restore equality for women and men (Article L 123-4-1 of the Labour
 Code). It also reinforced the process of bringing collective
 agreements into line with current legislation where there were
 clauses which did not provide for equal treatment.

```

```
                  - 78 
I I Social security

A. In general, eoual treatment for men and women has been largely

   achieved and discrimination against women eliminated in social

   secur i ty

   For wage earners, a general provision in Law No 89-474 of
   10 July 1989 placed a ban on all discrimination in social

   security and continuing training for hospital personnel: Article
   6 of this law created Article L 731-2-1 (which subsequently has
   become Article L 731-4) in the social security code which is

   intended to outlaw any discrimination between men and women in

   pension and welfare agreements, collective agreements and in the

   statutes, regulations and rates annexes of supplementary pension

   and welfare institutions.

   This Article provides that - with some exceptions - clauses

   which do not comply with the principle of equal treatment for
   men and women and which are not deleted or duly amended before 1
   January 1993 will be null and void as from this date.

   Instructions for implementing this provision were issued to

   supplementary retirement and welfare institutions in a
   ministerial letter of 16 August 1989.

   These provisions are applicable to agricultural workers pursuant
   to Article 9 of the above-mentioned law and the supplementary
   welfare and retirement institutions were informed thereof by a
   letter, dated 21 December 1989, from the Minister responsible

   for them.

   For non-wage-earners not employed in agriculture a similar
   provisions should soon figure in a Bill on social security.

B. Any discrimination which still exists is mainly in favour of

   women

   This is true of the reduction in some social security schemes
   (either statutory or supplementary) of the age of entitlement to
   pension rights for widows, the option of early payment of a
   pension after bringing up children or increase of the insurance
   period for bringing up a third child.

   In this context it should be noted that full application of the
   principle of equal treatment would result either in the
   elimination of discrimination in favour of women - which might
   be regarded as a step backwards in social terms - or extension
   to men of the same provisions - the cost of which would be high.

 I I I Specif ic cases

The rights of spouses of self-employed workers who have no
occupational status

 It should be stressed that French legislation provides very largely
for equal treatment of the spouses of self-employed workers, both as
regards the option of joining a social security scheme,
acknowledgment of the work done and protection in the event of
pregnancy and motherhood.

```

```
                  - 79 
1) Crafts and industrial and commercial occupations are covered by
  Law No 82-596 of 10 July 1982 which greatly improved the status

  of the spouses of craftsmen and traders participating in the

  activities of the company by giving them the freedom to choose

  between three options-.

     paid spouses who enjoy the same social security rights as

     other paid workers (statutory insurance scheme),

     associates who are regarded as entirely separate craftsmen

     or traders (self-employed workers' scheme),

     helpers who, as they do not benefit from a statutory pension

     scheme, may Join the self-employed workers' scheme on a

     voluntary basis to acquire their own pension rights.

   In addition, Decree No 86-100 of 4 March 1986 enabled the

   latter, under certain conditions, to contribute retrospectively

   for certain periods of activity previous to their Joining the

   scheme on a voluntary basis.

   Law No 89-1008 of 31 December 1989 on the development of
   commercial and craft enterprises and the improvement of their
   economic, legal and fiscal environment granted spouses helping
   in one-man companies with limited liability the right to Join a
   self-employed workers' pension scheme if they were not covered
   by the statutory scheme. The fifth indent of Article L 742-6 of
   the social security code was amended accordingly.

2) As regards the liberal professions. Article L 643-9 of the
   Social Security Code amended by Law No 87-588 of 30 July 1987
   henceforth enables surviving spouses to add their own rights,
   irrespective of what social security scheme they were derived
   from, to their derived entitlements up to the limits established
   by Article D 643-5 of the Code.

   In addition, spouses helping members of the liberal professions

   were granted the possibility of acquiring their own old-age
   pension rights (with the scheme for the profession concerned) by
   Decree No 89-526 of 24 July 1989.

3) As regards lawyers. Article 5.III of Law No 89-474 of 10 July
   1989 enacting provisions relating to social security and
   continued training of hospital personnel was complemented by
   Article L 724-6 of the social security code to enable spouses of
   lawyers helping in the practise to join the pension scheme for
   non-agricultural self-employed workers on a voluntary basis. A
   draft decree for implementing this provision is currently being
   prepared.

4) As regards sickness and maternity insurance for all self   employed workers in non-agricultural occupations, it should be
   noted that the above law of 10 July 1982 had introduced
   maternity allowance (intended to compensate partially for loss
   of earnings) and a replacement benefit (intended to make good
   the expenses incurred in replacing the self-employed workers at
   home or at work) both for women who were themselves engaged in

```

```
                  - 80

   industry, commerce, the crafts or a liberal profession and were

  personally affiliated to the self-employed workers' scheme and

  for spouses helping their partners in the above activities.

  Finally, Law No 89-1008 of 31 December 1989 cited above provides
  for maternity benefits to be extended to the unpaid spouse of
  the head of an enterprise, if this is a one-man, limited
   liability company. The law modifies Article L 615-19 of the
  social security code accordingly.

The policies pursued in the past few years aim at reconciling family

and occupational commitments. Efforts have been made to increase

and improve childcare facilities so that each family can choose how

many children it wishes to have and how they are to be educated,

particularly at preschool age. Diversity in the childcare

facilities on offer to parents is one of the factors enabling them

to choose freely.

The work undertaken in this field covers all forms of childcare for

children of under 6 years, permanent childcare, temporary childcare
and care for older children of preschool age.

The government is keen to develop various types of childcare by
reintroducing contract nurseries, improving grants for child-minders
and introducing childcare contracts.

Specific approaches are being examined in cooperation with the

parties involved - local government, family allowance funds and

family associations.

In addition, it should be noted that financial assistance is granted
to parents who are in gainful employment and wish to have their

child cared for at home.

A child care at home allowance, introduced by Law No 86-1307 of 29
December 1986 which has been in force since 1 April 1987, can be
allocated, irrespective of the parents' means, to households (or to
a single person of either sex) employing one or more persons at home

to look after at least one child under three years old, if both
parents (or the single parent) work.

This allowance is intended to cover the costs of the social welfare

contributions (employers and employees) involved in employing
somebody to care for children at home.

Child care at home allowance is part of an overall strategy aimed at
offering positive help to the many families - which are
indispensable for rejuvenating the population - encountering
particular difficulties following the birth of their third child.

Parental leave

Any man or woman who can provide evidence of at least one year of
service is entitled to parental leave of up to three years (one year
being applied for initially, then extended twice) after the birth of
a child or arrival at the home of an adopted child. Both the mother

```

```
                  - 81 
and father and adoptive parents are entitled to parental leave which
can be granted to both parents simultaneously or at different times.
It can either take the form of complete stoppage of work, during
which the employment contract is suspended, or part-time work with a
free choice between 16 hours a week and 80% of full-time working
hours. The latter disposition, which makes parental leave more
flexible and replaces the previous concept of half-time work by
part-time work, was introduced by provisions governing working hours
of Law No 91-1 of 3 January 1991 on employment.

Parental leave is a right except in enterprises of less than 100
employees where the employer can refuse it if, after consulting the
works committee or the staff delegates, he thinks that the absence
of the worker would have consequences detrimental to the sound
operation of the enterprise.

After the period of parental leave the worker returns to the same
Job or a similar Job with at least equivalent pay. Half of the
period of parental leave is credited for the purposes of any
advantages accruing from seniority.

Parental benefit (a family benefit created in 1985 and extended to 3
years in 1986) can be paid to one of the parents who is not working
after the birth of the third child, as long as this person has
worked at least two years during the previous 10 years. Should the
parent return to work he or she may work up to 50% of the normal
working hours and receive 50% of the benefit after the 2nd birthday
of the child, provided that the parent received the full benefit
previously. This measure is intended to make it easier for the
parent receiving benefit to return to work.

Postnatal leave

Any parent who does not fulfil the conditions for parental leave (at
 least one year's service) can ask for leave to bring up a child
(Article L 122.28, Article L 122.30 of the Labour Code). There are

no conditions of length of service or number of employees in the
enterprise. Unlike other forms of leave, postnatal leave involves
terminating the contract of employment but the worker retains
priority if he wishes to return to the enterprise.

Leave for family events

Leave for the birth of a child

This comprises three days for each birth and adopted child. This
 leave can be taken by the mother in the special case of adoption
provided that she does not take leave for adoption. These three
days - either consecutive or not, as agreed between the employer and
 the beneficiary - must be taken when the event occurs unless a
collective agreement offers more favourable conditions.

Please see the appended sheet for other leave for family reasons.

```

```
                  - 82 
Provisions for workers when a child is ill

Where these provisions exist they are set out in collective
agreements. Any agreements concluded after the law on equal
opportunities at work of 13 July 1983 provide for leave being open

to fathers and mothers. The interministerial committee for women's

rights which met on 8 March 1991 has decided to create a working
party to study "the problems arising in taking care of children when
they are ill (...) and to examine what government can do to induce
the two sides of industry to discuss this issue".

A study financed by the Secretary of State for Women's Rights is

also being carried out on this topic. This is part of the follow-up

to the activities of a working party of the High Council for Equal

Opportunities at Work. This working party, which is partly made up
of the two sides of industry, put out a report in 1989 entitled:
"Gestion des entreprises et prise en compte des responsabilités
familiales" (management of enterprises and family commitments).

Childcare facilities for children under school age

Children under three years old whose parents both work are taken

care of:

   by nurseries (collective, family and parental) - 18%
   by approved child-minders - 26%

   by means which are not recognised officially: non-approved
   nurses, grandparents, family, neighbours - 56%

Of the facilities for occasional childcare, day nurseries currently
offer approximately 37 000 places.

Parental nurseries have been set up on the initiative of parents or
professional childcarers. Parents are more directly involved in
running these, but they are relatively unstable institutions.

It is mainly the responsibility of local government to create

childcare facilities. The responsibility for this policy is shared
between the State (via regulations), the network of family credit
institutions and local authorities (municipalities and départements)

and sometimes enterprises and works councils.

Two instruments set up by the National Family Credit Institution
have enabled a contractual policy to be developed: contract
nurseries between 1983 and 1989 and then childcare contracts which,

from 1989 onwards, cover all childcare facilities admitting children
of up to 6. Since 1 January 1991 they have been extended to the
overseas départements.

At present there are almost 220 000 places in childcare facilities
as against 100 000 in 1980.

Nursery schools

Which take children between 3 and 6 years of age

```

```
                 - 83 
  80% of 3-year olds are at nursery school
  almost 100% of 4-year olds are at school.
   In the more special cases of isolated persons (or single parent
  families) the situation is largely covered by family benefit
   legisiat ion.

They receive special benefits such as the family support benefit and
the single parent benefit which are very high.

  Family income support, introduced by the law of 23 December 1970
  and amended by the law of 22 December 1984, helps a surviving
  spouse, a single parent or the foster family to bring up any
  orphans whose charge they assume;

  Lone parent's allowance, introduced by the law of 9 July 1986,
   intends to provide temporary (means-tested), aid to widows,
  people who are separated de jure or de facto, who have been
   deserted or who are single and have to look after at least one
   chiId on their own.

Current regulations also allow single women who are heads of
families and have to look after a child to receive housing benefit
if certain conditions regarding means are met.

They may also continue to benefit from an increase in their tax
a Ilowance.

It should be stressed that the child care at home allowance is a

measure which is chiefly of benefit to single parent families.

Finally, important provisions have been enacted to combat isolated
women's unemployment by means of specific social and occupational
integration measures (training or retraining).

```

```
                      - 84 
               LEAVE FOR FAMILY EVENTS

            (Art. L-266-1 of the Labour Code)

Leave Benef(claries Durât I on Forma I(ties Effects on the

                                        the contract of

                                       empIoyment

```

```
Bi rth

Ma r r i age

Death of

spouse

Death of

child

Ma r r i age

of child

Death of

father

Death of

mot her

```

```
A M workers 3 days Evidence to

                   be p rov i ded

                   on request of

                   company

            4 days

            2 days

            1 day

            1 day

```

```
Suspended on

full pay

```

**`L a w`** **`_`** **`o`** **`f__l`** **`£`** **`_`** **`£ a HH£iy._l£Z`** _**§.**_ **`_£££`** **`Ill±_`** **`*££.`** **`Ji £JL£`** **`*`** **`i`** **`!£_£!_`** **`L •£ * l ^ j _ m o n t h s s e n i o r i ty`**

```
Death of

brother

Death of

sister

Mi I i ta ry

caI I-up

```

```
The fol Iow i ng

are excIuded:

homeworkers,

casual,

seasonaI and

tempore ry

worke rs

```

```
1 day

```

```
Collective agreements may offer longer periods

of leave or leave under other circumstances

```

```
                  - 85 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

QUESTION 17:

Given the principle of territoriality, national legislation cannot

require multinational companies to set up a system for the

information and consultation of employees in establishments situated

outside France.

Nevertheless, a number of French groups have themselves found it
necessary to introduce such arrangements. At the moment, eight
groups have set up or are in the process of creating a system for
informing and/or consulting their employees throughout Europe (BSN,

Bull, Thomson Consumers Electronics, Airbus Industries, Carnaud,

Rhône-Poulenc, Péchiney, Saint-Gobain). There is a certain degree
of diversity in the systems introduced.

QUESTION 18:

The main characteristics of the workforce representation system in

France are shown in the attached table, as the structures within

companies are becoming more and more complex all the time.

French legislation also requires companies with more than one
establishment to set up a central works committee as well as
 individual establishment committees. Groups of companies must also
have a group committee.

 Information and consultation of workers is based on the main

functions of works committees, which are concerned with all economic

and vocational questions. Furthermore, in some areas, their
responsibility is laid down in the Labour Code. This applies to all
the subjects mentioned in the third part of the question. However,
transfrontier workers are not given special treatment, but are
covered by the system of information and consultation concerning the
situation and developments in respect of employment and

qua I if icat ions.

HEALTH PROTECTION AND SAFETY AT THE WORKPLACE

QUESTION 19:

Community Directives and labour law

The development of health and safety at work in Europe brought to
 light the fact that certain hazards were not specifically covered by
 French regulations and that regulations in some areas had become

obsolete.

 European law will therefore help to plug a number of gaps. The
 Directive on display screen equipment will, for example, ensure that
more attention is paid to the working conditions of the employees
 concerned, whose number is rising steadily as a result of the

```

```
                   86 
development of computer systems. The same applies to the Directive
on biological agents, which establishes principles of prevention
aimed at providing workers likely to be exposed to pathogenic
biological agents with effective protection against possible
infection.

European law will also play a part in the modernization of French
regulations. This applies, for example to:

   risks connected with handling heavy loads;
   protection against the risks related to carcinogens;
   design and use of machinery, plant and personal protection
   equipment.

1991 is expected to see the adoption of a Bill amending the Labour
and Public Health Codes to improve the prevention of occupational
hazards, by transposing seven European Directives on health and
safety at work.

Worker participation

```

```
Commi ttees

inst ituted

employees'

areas.

```

```
on hygiene, safety and working conditions (CHSCT),
by the Law of 23 December 1982, closely associate
representatives with the action to be taken in these

```

```
These committees bring together employees' and employers' delegates.
A company's committee analyses work situations and delivers opinions
to the employer on all matters for which it is competent.

Eight years after the entry into force of this Law, the situation
began to call for certain amendments to make its provisions more
effective. Several measures in this direction are contained in the

Bill to amend the Labour and Public Health Codes to improve
prevention of occupational hazards. For example, the right to
training for workforce representatives on the CHSCT will be extended
to all companies. Provisions will allow committees to make wider
use of experts in order to take action (preventive or otherwise), as
 is the case today, following a serious accident. The means to be
provided for their operation will also be specified. Finally, the
threshold for the compulsory creation of a CHSCT in the construction
and civil engineering industries will be lowered to the statutory
f igure.

PROTECTION OF CHILDREN AND ADOLESCENTS

QUESTION 20:

The statutory minimum employment age is 16 years, with the following
exempt ions:

   young people who can provide evidence of having completed the
   first stage of secondary education may enter apprenticeships at
   the age of 15;

```

```
               - 87

young people of school age undergoing alternance training may,
during the last two years of their compulsory school education,
follow training courses on adaptation to working life in
approved companies which have agreements with their school;

children may be employed in agriculture from the age of 15 if
they are entering an apprenticeship or if they have completed
the first stage of secondary education. During the last two
years of their school education (i.e. from the age of 14 in the
case of pupils engaged in alternance training), children may
attend basic or practical training courses in approved
agricultural enterprises;

```

```
  young people aged 13 or over may
  holidays (Law of 3 January 1991).

QUESTION 21 :

```

```
do light work during school

```

```
In the same way as adults, young workers are covered by statutory
and agreement-based guarantees regarding remuneration. However,
young workers under 17 and between 17 and 18 years of age may be
paid on the basis of the minimum growth wage reduced by 20% and 10%
respectively. Similarly, some sectoral collective agreements
provide for reductions in minimum wage levels as a function of age.

QUESTION 22:

Durât ion of work

Young people under 18 years of age may not work more than 8 hours a
day or 39 hours a week.

In exceptional cases, exemptions may be granted by the labour
inspector responsible up to a limit of five hours per week, subject
to approval by the establishment's occupational physician.

Night work

Young workers under 18 years of age may not work between 22.00 and
6.00.

Exemptions may be granted by the labour inspector responsible for
commercial and entertainment establishments. Exemptions in the
hotel and catering industry have to be established by a Conseil
d'Etat Decree; the bakery industry is covered by the Decree of 4
February 1988. In this case the young people concerned are entitled
to 12 hours consecutive rest.

Pub Iic hoiidays

Young people under 18 years of age may not work in industry, on
statutory public holidays.

Paid leave

Workers under 21 years of age on 30 April of the previous year are
entitled to 30 working days leave, whatever their length of service.

```

```
                  - 88 
Vocational training

Vocational training for children and adolescents is by definition

basic vocational training, which is the responsibility of the

Ministry of National Education.

In very specific cases (seafaring trades, entertainment industry,
circus school, etc.), the appropriate ministry is responsible for

ensuring that the regulations in force are observed.

QUESTION 23:

The government's priorities in improving the link between training

and employment are directed towards smoothing the transition to

working life for young people.

A number of measures have recently been introduced in this

connect ion:

   plans for the development of apprenticeship (creation of an

   apprenticeship delegation, involvement of industrial groups,
   improving the status of apprenticeship contracts);

   the launching of "Decomps chains" for engineer training.

Furthermore, to respond to the demands of economic competitiveness

and allow young people to acquire a qualification facilitating their

vocational and social integration, the Ministry of National

Education has set up the following system:

1) Vocational secondary schools

As from the end of third year, pupils may be prepared for a
vocational studies diploma (BEP) or certificate of vocational skills

(CAP).

Young persons who have obtained a BEP or CAP may then study for a
technical or vocational Baccalauréat, with the objective of entering

work ing I i fe.

2) Higher technological education (short courses)

a) University institutes of technology offer two-year courses.
   Students awarded the university diploma of technology (DUT) at
   the end of the second year may exercise a profession with
   supervisory responsibilities in the secondary or tertiary

   sectors.

b) Advanced technician departments offer more highly specialized

   courses than the university institutes of technology. After two
   years of study, a higher-level diploma in technology (BTS) is
   awarded, available in 87 specialized subjects.

c) Short-duration paramedical training offered by universities
   takes the form of a two or three-year course as appropriate,
   allowing successful students to practice speech therapy,
   orthoptics, hearing aid dispensing or psychomotor development.

```

```
                 - 89 
3) University institutes of professional skills (IUP), due to open
   in 1991/92, represent a similar approach, attempting to tailor
  the training offered to suit the needs of the employment market.

  Holders of a DUT or BTS will be able to enter the second year of

  an IUP.

   Initially, these institutes will offer training, at Baccalauréat
  + 4 level, in five areas, namely consultant engineering,
  communications, administration, commerce and financial

  management.

4) Provisions for the integration of young people

   It is part of a school's job to assist the vocational
   integration of all its pupils.

  Such help is provided above all through the system for the
   integration of young people into the national education system
   (DIJEN).

  The objective of this system is:

     to provide unqualified young people with a further
     possibility of gaining access to the national education
     system;

     to foster the occupational integration of young people
     holding a level IV diploma (level III under the European
     classif icat ion).

  Agreements between school establishments and integrated training
  establishments (CEEFI) are currently being worked out to enable
   the education system to monitor young people with problems until
   recognition of a qualification acquired in a company (over a
   period of approximately two years).

THE ELDERLY

QUESTION 24:

a) The general social security system (the largest of the French
   systems, as already mentioned, covering employees in the private
   sector and certain public companies) guarantees a retirement
   pension from the age of 60 to any worker applying for it. There
   is no qualification period, a single quarter being sufficient to
  give ent itlement.

   The pension is calculated as a percentage of the average wage of
   the 10 best years, with a maximum of 50%, and as a function of
   the length of the person's working life, maximum 37.5 years (150
   quarters).

   To this pension must be added any pension from supplementary
   schemes (also compulsory), representing an average of 20% of

```

```
                  - 90 
  average career wage. Taken as a whole, former manual workers
  with a complete career (150 quarters) will have a retirement
  pension of around 80% of their last net wage. Percentages
  differ slightly for white-collar staff.

b) If the insured person has fewer than 150 quarters of

  contributions, pension rights are reduced proportionally.

  However, certain categories of insured persons laid down in
  Article L.351-8 of the Social Security Code (invalids, persons
  unfit for work and, in any event, all those aged at least 65)
   receive a pension at the full rate (50%) even if they do not
  meet the 150 quarter requirement.

  Any person receiving this rate of 50% is entitled to the mini mum
   pension, without being subject to means-testing (Article
   L.351-10 of the SSC). This amounts to FF 2 855 per month (as of
   1 January 1991) for a complete career of 150 quarters. For
   shorter careers it is calculated on a pro rata basis.

   In any event, an increased pension may be paid to insured
   persons who had low wages and/or very short careers covered by
   the system, subject to age and means-testing, first of ail up to
   the level of the benefit paid to former employed workers
   (FF 1 270 per month) (Article L.814-2 of the SSC) and then,
   where applicable, to the "old age minimum" through a
   supplementary allowance from the National Solidarity Fund (FNS)
   amounting to FF 1 710 per month for a single person (Article
   L.815-2 of the SSC).

   It is important to note that most of those whose pensions are
   increased to the level of the former employed workers' benefit

   are women.

   Women are also the main beneficiaries of the supplementary

   allowance from the FNS. This allowance, which constitutes the

   second stage of the old-age minimum, actually supplements, as
   from the age of 65 (60 where the person concerned is unfit for
   work), basic contribution-linked entitlements in such a way as
   to provide all persons with a minimum annual income of FF 37 770
   for a single person and FF 64 180 for a couple.

QUESTION 25:

a) Any person who has reached retirement age (65, or 60 for those
   unfit for work) but is not entitled to a pension (e.g. because
   he or she has not exercised an occupational activity in France)
   has the right, on submission of an application and subject to a
   means test, to a special a Ilowance (Article L.814-1 of the SSC)
   equal to the above-mentioned former employed workers' benefit,
   which may also be boosted by the supplementary allowance from
   the FNS to reach the "old-age minimum".

   The wife, widow or separated, abandoned or divorced wife of an
   employed or self-employed worker and any woman whose husband has
   disappeared is entitled at the same age to a mother's allowance
   (Article L.813-1 of the SSC) equal to the special benefit (and
   also subject to increase by the FNS supplementary allowance) if
   she has raised at least three children, subject to specific

```

```
                  - 91 
  French legislation also contains further provisions guaranteeing
  sufficient resources for the most deprived, i.e. the minimum
   integration income paid to a small number of elderly persons
  (Law No 88-1088 of 1 December 1988) and since 1 January 1991
  amounting to FF 2 146 per month, and the handicapped adult's
  allowance (Articles L.821-1 et seq. of the SSC), the amount of
  which is the same as the old-age minimum, i.e. FF 2 980 per

  month.

b) Recipients of the special benefit are also entitled to sickness

  and maternity benefits in kind under the personal insurance

  scheme, their contributions being covered by the Special Fund
  managed by the Caisse des Dépôts et Consignations, which is

   responsible for the special benefit.

   Elderly persons receiving the minimum integration income are
  subject to compulsory membership of the personal insurance
   scheme if they are not covered by any other compulsory social
   security system. Their contributions are covered by the local
   authorities (departments).

   Elderly persons receiving the handicapped adult's allowance are
   covered by the general social security system (Article L.381-27
  of the SSC) without payment of contributions.

   In any event, all elderly persons not entitled to a pension,
   whether or not they apply for the special benefit (increased
   where appropriate by the FNS supplementary allowance), the
   minimum integration income or the handicapped adult's allowance,
   are entitled to social assistance according to the conditions
   set out in the Family and Social Assistance Code; more
   specifically, coverage of the costs of hospital treatment,
   accommodation (for the elderly and/or handicapped), personal

   insurance contributions and medical care at home - the latter

   subject to three years' residence in metropolitan France.

   Furthermore, a mother's allowance is available to women who have

   raised at least five children and who are not entitled to old
   age benefits or whose personal retirement pension is not more

   than the amount of this allowance.

   The mother's allowance may be boosted by the FNS supplementary
   allowance. Both are subject to means-testing.

DISABLED PERSONS

QUESTION 26:

Law No 75-534 of 30 June 1975 constitutes the keystone of the social
protection system introduced in France step by step to benefit the
disabled and remains the general reference framework for the policy
implemented in recent years to assist this group.

```

```
                  - 92 
The Law makes school, occupational and social integration of the
disabled a national obligation, with the aim of helping the people
concerned eventually to achieve as much independence as they are
capable of. They must therefore be permitted access, wherever they
possess the necessary skills, to institutions open to the population
as a whole or, failing this, gradual transfer from a protected
environment to a less protected one.

1) Disabled chiIdren

1.1 Education

   Disabled children and adolescents are subject to compulsory

   schooling, provided by either a normal or special education.

   Where they are educated at a normal school, the State covers the
   costs of accommodation and initial vocational training.

   The costs of accommodation and treatment at special and
   vocational training institutions and of associated treatment
   outside such establishments are covered in full by the sickness
   insurance schemes or, failing this, by social assistance. The
   child's family is not subjected to means testing in this

   connect ion.

1.2 Special education allowance

   Where justified by the nature and degree of the child's
   disability, the family (or the person responsible for the child)
   receives a special educational allowance to cover part of the
   additional expenditure involved in the education of a disabled
   child. Two supplements may be added to the basic allowance,
   depending on the degree of the child's dependence.

1.3 Care of disabled children

   Over the past fifteen years, the combined effect of demographic

   changes, improvements in medical and retraining techniques, the

   increasingly early assumption of responsibility by the State,

   the desire of disabled persons to remain within their own

   environment and the desire of the families of disabled children

   to remain more closely associated with measures to help the

   child, has led to substantial improvements in the initial
   framework established by the Law of 30 June 1975, affecting both

   the fundamental approach and practical aspects.

   Thus, as far as disabled children are concerned, the regulations
   governing the technical conditions for the approval and
   operation of special education establishments and services
   (almost 2 000 establishments, with more than 118 000 children)

   have been reformed with the specific aim of encouraging the
   educational integration of handicapped children in a normal
   environment, by providing appropriate support and opening

   establishments to the external environment, with the children

   being monitored after leaving the establishment. This policy is
   accompanied upstream by a special effort on the part of the
   Ministry of National Education, in the context of the Law on
   school guidance of July 1989, to prevent the educational
   exclusion of children with problems.

```

**93 -**

**2)** **Disabled adults**

```
2.1 Resources

   In accordance with the Law of 30 June 1975, a minimum level of

   resources is guaranteed to any person who is 80% disabled or who

  cannot work because of his or her handicap. This is provided by

   the State in the form of the handicapped adult's allowance.

   Disabled persons who require assistance for essential activities

   also receive financial compensation from the regional

   author i t ies.

   Finally, persons whose working capacity is reduced as a result

   of a handicap are guaranteed sufficient resources through an

   income supplement from the State.

   The amount of guaranteed resources varies depending on whether

   the recipient works in a normal or protected environment.

2.2 Employment of the disabled

   To facilitate access for disabled people to the normal working
   environment, the Law of 10 July 1987 requires companies with at
   least 20 employees to reserve a minimum of 6% of jobs for
   disabled workers. Companies may also meet this obligation
   either by subcontracting work to protected establishments, by
   signing sectoral agreements or by paying a financial
   contribution to the AGEFHIP, the association appointed by the
   Law to manage the fund for the occupational integration of

   disabled workers.

   For the benefit of adults who are unable to work in a normal

   environment, the government has made an effort in recent years
   to increase the number of places in protected working
   establishments. Today there are some 80 000 such places.

   A multiannual programme to create 10 800 additional places in
   "help through work" centres and 3 600 places in protected
   workshops is currently under way. This four-year programme is
   the fruit of an agreement with the associations representing the
   disabled and their families, which has also brought about a
   reform of the resources provided to ensure that such persons

   receive a minimum income (more rationalized combination of

   guaranteed resources and the handicapped adult's allowance).

   Apart from the number of places and the financial aspects, the
   programme also aims to give new impetus to the protected
   employment sector and adapt it to the change in the conditions
   of employment offered to the disabled, in such a way as to build
   real bridges between the protected, less-protected and normal

   envi ronments.

   This has recently been boosted and extended by the French
   Council of Ministers' announcement of 10 April 1991 of an
   employment plan for the disabled. The main elements of this plan

```

```
                 - 94 
  are to promote access to training for the disabled and improve

  their level of qualification, to give priority to the disabled

  when allocating "solidarity jobs", to develop links between

  protected employment structures and the normal environment by

  making it easier for "help by work" centres to second workers to

  ordinary companies, to encourage employment of the disabled in

  the public service, and to intensify AGEFIPH measures and

  increase its area of activity, etc.

  The following measures have also been introduced to assist the

  integration or reintegration and the vocational development of

  handicapped workers:

  1) Creation in each department of a technical committee for
     vocational guidance and redeployment (COTOREP), which is

     responsible for the overall situation as regards handicapped

     adults.

     It comprises qualified persons in the fields of employment,

     vocational training and problems specific to the disabled.

     It receives all applications concerning employment, training
     and social/financial aid for the disabled.

  2) Creation of teams to prepare and monitor the redeployment of
     the disabled (EPSR); these number 88 (50 state and 38

     pr ivate).

3) Improving the everyday life of the disabled

   In addition to these measures to promote educational and

  occupational integration, measures to improve everyday life

  constitute one of the main aspects of the policy to promote the
  social intégrât ion of the disabled now being implemented by the

  author it ies.

  The promotion of social integration for the disabled in all its
  aspects can first of all be facilitated by technical equipment
  and aids, which represent a very effective and often
   indispensable supplement to personal aids. Part of the funds for
  social action in favour of the handicapped in the budget of the
  Ministry of Social Affairs are therefore earmarked for specific
   activities connected with access to technical aids, particularly

   the creation, at the initiative of associations for the

   disabled, of exhibition centres to provide information and
   advice for users, and the setting up of a national data bank on

   technical aids.

   However, access to transport and general amenities remains the

   fundamental aspect of this social integration policy.

   Thus, to provide access to transport for all handicapped persons
   and all those with reduced mobility such as the elderly, the
   Department for the Disabled and Victims of Accidents and the
   Ministry of Transport have organized extensive consultation with
   all parties involved in the transport sector, i.e. regional and
   local authorities, transport companies, operators, manufacturers

   and, of course, associations for the disabled.

```

```
                 - 95 
  As a result, on 21 February 1989 the two Ministries presented a
  dossier comprising around 60 measures covering the entire
  transport chain, from the departure of the handicapped person

  from home to arrival at destination. Some measures are new,

  others represent a continuation or improvement of existing

  arrangements.

  The most important measures include fare concessions benefits
  granted by Compagnie Air Inter to persons accompanying
  handicapped people who need assistance when travelling; the
  speeding up of SNCF and RATP programmes to make their networks
  more accessible, including improvement of signs; a plan proposed
  by bus, coach and tram manufacturers to make all new vehicles
  fully accessible within five years; and finally, the procedures
  for granting and using the "Severely Handicapped" disc allowing
  holders to park their cars in urban areas have been redefined,

  so that the disc is now issued on a more individual basis, as

  part of the relaxing and simplification of the procedures to be
  complied with by handicapped persons in order to be able to
  claim entitlement to various advantages granted to holders of
  the disabled person's identity card.

  Parallel to this action on transport, on 21 November 1990 the
  French Council of Ministers adopted an ambitious programme aimed
  at improving access to towns and the environment. There are five
  main aspects to the programme: extension of the regulations
  based on the 1975 Law to cover the sensory handicapped; creation
  of the conditions for implementation of the programme, e.g.
  checking of all building permits and basic training for all
  architecture students; onus on the State and authorities to set

  an example; all parties involved in building to be better
   informed and made more aware; reinforcement of the position and
   role of associations, with more scope for going to court.

  The legislation provided for in this programme is currently
  being studied by the Senate.

IMPLEMENTATION OF THE CHARTER

QUESTION 27:

In France, since adoption of the Charter, its objectives although
already achieved to a wide extent, have served as a reference for
the reform of legislation and regulations and for collective
bargaining.

```

#### **GERMANY**

```
                   - 97 
 INTRODUCTION^ [1] )

 The Basic Law of the Federal Republic of Germany stipulates that it
 is a democratic and social federal state. This provides the
 cornerstone for a welfare state system which protects the
 economically disadvantaged, guards against the major risks in life
 and works towards equality of social opportunity. This is translated
  into practice via the concept of the social market economy.

 A social policy which is geared to a country's economic potential and
 yet independent of it not only demands a positive trend in the
 economy and the labour market, it also guarantees the long-term
 stability, reliability and financing of the social security system.
 These basic principles, rooted in law and politics, place Germany
 fully in line with the Community Charter, transcending differences in
 party politics and social groupings.

 These basic principles now need to be applied as quickly as possible
  to the five new Lander. The economic, monetary and social union and
 unification Treaties have created the basis for a single welfare
 state in Germany. The task now, after unification, is to create
 social and economic unity and a uniform standard of living. In
 political terms and in the interests of the worker, this means social
 measures to smooth the transition from a planned economy to the
 social market economy.

 AID FOR THE HARMONIZATION OF WORKING AND LIVING CONDITIONS

```

_**Labour market**_ _**policy**_

```
  It is, unfortunately, inevitable that there will be some unemployment
  and short-time working during such a period of upheaval. In May 1991
  the jobless total in the new Lander (including East Berlin) was
  840 000 and the unemployment rate was 9.5%. In addition, there were
  1.9 million short-time workers, suffering an average loss of 56% of
  the working week. However, the rapid introduction of specific labour
  market instruments is already having an effect. The newly created
  public employment service already has about 19 500 employees; further
  posts have been approved and about 900 civil servants from the
  western Lander are acting as advisers. The service has been able to
  find some 40 000 jobs a month over the past, few months, including Job
  creation measures. By the end of May some 114 000 former unemployed

  were in Job creation schemes.

  The further vocational training encouraged by the employment offices
  has been a particular success. Since the beginning of the year
  281 000 employees have begun advanced training, retraining or on-the  job training. DM 6.6 billion has been made available for further
  vocational training in the five new Lander in 1991, enough to benefit
  an average of about 350 000 employees a year.

  The pre-pension allowance is also helping to take the pressure off
  the labour market. By the end of May about 141 000 workers were
  drawing this. Under the new provisions the unemployed in eastern
  Germany can now claim this money during the second half of 1991 if

(1) Period concerned: January 1990 - June 1991

```

```
                 - 98 
they have reached the age of 55 (previously 57), taking the period
for which it can be claimed up from 3 to 5 years. Over 100 000
employees will be able to benefit from this new scheme, receiving 65%
of their most recent net salary. There were also 372 000 recipients
of early retirement pensions, based on a scheme which applied in the
ex-GDR until 2 October 1990.

The Federal Government has also decided to extend the particularly
generous scheme of allowances for short-time work in the new Lender
to the end of 1991; this will mesh short-time work in more closely
with skill acquisition and further training measures.

The new Lander have special schemes for job creation measures which
will apply until the end of 1992. They provide for the Federal
Employment Office to grant providers of Job creation measures
subsidies of up to 100% of wage costs and of up to 30% of the wage
bill for material costs. There are also interest-free loans.

Including the "Gemeinschaftswerk Aufschwung Ost" ["concerted effort
for economic recovery in the eastern Lander"] a total of DM
5.2 billion is available for job creation measures in 1991. This
will give 280 000 workers fixed-term work in environmental protection
and countryside conservation, the rehabilitation of industrial sites,
social services and the sport and leisure sector.

```

_**Women in**_ _**the**_ _**labour**_ _**market**_

```
Labour market adjustments in eastern Germany are causing excessive
unemployment among women; at 11.1% the rate is about 3 percentage
points higher than for men. Policy measures favouring women on the
labour market are therefore particularly important. Women currently
have an appropriate share of the number of places in further
education and retraining - 60% - but at 36% their share of job
creation measures is still too low. Increased public measures in
favour of women are already beginning to bear fruit.

```

_**The European**_ _**Social**_ _**Fund**_

```
European Community financial aid via the three structural Funds agriculture, social and development - carries considerable weight.
 It is important here for the content of Social Fund measures at the
national level to be closely linked with measures aided by the other
Funds.

Alongside the public employment service's measures which have already
started up, federal initiatives and, in particular, labour market
activities by the new Lander will be supported by the ESF with the
aim of developing vocational programmes which exceed the scope of the
Labour Promotion Law and improving the vocational training
 infrastructure. Higher standards of training are known to improve
the attractiveness and the competitiveness of a region.

There are considerable difficulties with administration in the new

Lander. In order nonetheless to set the planned measures in motion
the Federal Minister for Labour and Social Affairs has proposed that

```

```
                  - 99 
the new Lander make use of the "technical assistance" of tried and

tested organization specialists, and has submitted applications for

such assistance to the Commission. A Joint coordinating group from

the Ministry and the new Lander has been set up to implement the

measures.

```

_**Employment law**_

```
The introduction of free collective bargaining in the ex-GDR on 1
July 1990 was successful. Collective agreements are now in place for

practically the whole region. Some sectors already possess

collective bargaining systems after the West German model. About 75%
of the some 8 million employees are now covered by such agreements.

The objective remains to harmonize the different standards of living
and conditions of employment in the eastern Lander. Parties to the
collective agreements will have to take into account productivity
trends, which are in turn dependent on the willingness of firms to
invest and on improvements to the infrastructure.

Initially, then, a restrained wages policy is called for. On the
other hand, the level of wages in the original Lander is a strong
incentive to commuting or moving to work there. Pay policy is
therefore in an explosive phase, with real pay increasing while
productivity is still declining.

A further important concern is the election of works councils in the
new Lander, where there is often too little knowledge of the worker
representation law and of the electoral system, and where suitable
candidates are not always forthcoming. Trade unions are trying to
overcome this lack of information by providing training courses for
staff representatives.

SOCIAL SECURITY

Trying to establish the same standard of living throughout Germany
means gradually bringing the social security provisions in the new
Lander up to the high level of the original Lander. With this in
view the system of pension insurance will apply in the new Lender
from 1992. Benefits and qualifying periods arising from the old
systems providing additional and special security benefits - which

are not known in the west -will be examined and transferred to the

pension insurance system.

On 1 July 1991 three million east German citizens received a further
pension increase of 15%, in line with current trends in wages and
salaries in east Germany. The basic pension - granted after 45
 insured years on an average income - is thus increased from DM 773 to
 DM 889 per month, which is 50.8% of the western level. This increase
 also applies to accident insurance and war injury pensions. The
 "social welfare bonus" for extremely low pensions is not affected by
 the pension increase.

```

```
                  - 100 
POLICY MEASURES FOR THE HANDICAPPED

The Treaty establishing monetary, economic and social union created
laws having effect from 1 July 1990 in the former east German
territory for the integration of the handicapped, these being in line
with the provisions of west German law. For example:

- a Job creation law which included provisions for a complete range

  of services for vocational rehabilitation;

- a severely handicapped persons law, introducing, inter alia,
  special dismissal protection for the severely handicapped, the
  election of representatives for the severely handicapped to works
  councils, the quota system and equalizing levies for unfilled jobs
  for the severely handicapped.

Therefore, anyone who is physically or mentally handicapped or is at
risk of becoming so has the right in the new Lander - in accordance
with the preamble to the General Section of the Social Code - to the

assistance needed:

1. to prevent, eliminate or ameliorate the handicap, prevent its
  worsening or alleviate its consequences, and

2. to guarantee the person a place in society suited to his/her
  desires and skills, particularly in working life.

This includes a full range of services for the vocational
rehabilitation of all handicapped persons who need such assistance
for their integration, in particular:

- services and institutions geared to providing all handicapped
  persons with the highest possible level of vocational skills, and

- for the severely handicapped, the special assistance provided for
  under the Severely Handicapped Persons Law.

Because of administrative preparations many social benefits under the
new law were not in place until 1 January 1991. With the setting-up
of new administrative bodies, severe handicaps are now being
acknowledged and special passes issued which entitle the bearer to
special pr ivileges.

The Severely Handicapped Persons Law provides for financial
assistance to employers (to provide specially adapted workplaces and
 job cost subsidies) to maintain and create Jobs for the severely
handicapped. In addition, a network of general facilities for
vocational rehabilitation is being established. In east Germany a
 further 2 500 retraining places will initially be created in
vocational promotion services, a further 1 800 places in vocational
 training establishments and a further 30 000 or so places in
workshops for the handicapped.

```

```
               - 101 
A FORWARD-LOOKING SOCIAL POLICY FOR THE WHOLE OF GERMANY

```

_**The labour market: employment test-bed**_

```
The smooth economic upswing in West Germany continued at a faster
rate, not least thanks to unification. The result was a high rate of
economic growth, many more Jobs and a decline in unemployment. The
climate for this was created by the Federal Government's growthoriented economic and financial policies and by widening of the scope
of the active labour market policy.

These were the results:

- With an annual average 28 400 000 employed, 1990 saw the highest
  level of employment ever achieved since the Federal Republic came
  into being. Between 1983 and 1990 alone about 2.1 million extra
  Jobs were created, which has much more than made up for the Job
  losses in the early 19890s.

- At 1.88 million, the jobless figure in 1990 was 350 000 fewer as
  an annual average than in 1986. The unemployment rate was down to
  5.1% (based on total gainfully employed figures, Eurostat method).

- Expenditure on the active labour market policy more than doubled
  from DM 6.9 billion in 1982 through DM 10.7 billion in 1986 to

  DM 17.7 biI I ion in 1990.

- On 1 July 1989 a special programme to combat long-term
  unemployment with total funding of DM 1,75 billion came into force
  and it has already achieved some success (with some 60 000
  applications approved for the 'employment aid for the long-term
  unemployed' component). There are also 'measures for special
  categories of long-term unemployed and other difficult cases'.
  Initially the programme received a total of DM 250 million for
  measures to be started by 31 December 1991. The 1991 Budget
  provides for the programme to be extended to the end of 1994 and

  receive a further DM 240 million.

- The social security function of the unemployment insurance system
  has been considerably expanded. The period in which unemployment
  benefit can be drawn can be up to 32 months depending on age and
  duration of contribution-linked employment.

  Complementing the Early Retirement Law, the end of 1988 saw the
  adoption of the Part-Time Working for Older Employees Law, which
   is a measure to ease the transition from working life to

  ret irement.

```

_**Strengthening**_ _**workers'**_ _**rights**_

```
 The Federal Government has strengthened workers' co-determination and
 part icipat ion r ights.

 - The revised and expanded version of the Codetermination Law
  stipulates that a group parent company, even one having no coal or

```

```
                  - 102 
  steel production of its own, remains in the special
  codeterminat ion scheme for the coal and steel industries as long
  as the subsidiaries covered by the scheme together account for at
  least 20% of the group's real net output or employ more than

  2 000 workers.

  The Worker Participation Law, amended in 1988/89, improves the

  rights of the works council to information and consultation during

  the planning and introduction of new technology, strengthens the

  rights of minorities in the works council elections and enshrines

  in law the senior staff's spokespersons' committees.

```

_**Extension of health protect**_ _**Ion**_ _**at the workplace**_

```
The following are particularly significant developments in the
dangerous substances sector, a subject which continues to hold the
publ ic interest :

- New concept for establishing pollutant limit values at the

  workplace in consultation between unions and management.

- Further classification of substances as carcinogenic, mutagenic
  and teratogenic and much strengthened work safety provisions.

- Extensive guidelines for university-level educational

  establ ishments.

- Much faster evaluation of "old substances" within the meaning of
  Directive 79/831/EEC.

- Almost total ban on the production, marketing or use of asbestos
  and materials containing asbestos.

The Federal Government has adopted a number of measures aimed at
improving safety and medical care in small and medium-sized
enterprises, e.g. by developing new care models. In addition, new
forms of training have been worked out for safety representatives and
quality standards have been developed for industrial medicine work.

For the new Lander a large number of model projects are being
prepared to build up the work safety system there and to train work
safety experts.

Industrial medicine was considerably strengthened in the Federal
Republic when the Federal Industrial Medicine Institute was set up in

BerI in.

```

_**Safeguarding pensions,**_ _**stabiIizing**_ _**the**_ _**"generation**_ _**contract**_

```
The underlying objective of the 1992 pensions reform was to bring
about a lasting improvement in age-group solidarity and strengthen
the confidence of the population in the long-term security of
pensions. The keystone of the reform, adopted by a large majority of
the Lower House, was the introduction of a self-regulating system
 linking contribution-payers, pensioners and the state. Bringing up a
family will in future count for more under pensions law.

```

```
                - 103 
The main points of this reform are:

- Pensions insurance will be safeguarded in the long term as a wage  and contribution-related old age security scheme.

- Pensions and disposable employee income will develop in
  equilibrium; the existing net pension level of about 70% for a
  pensioner with 45 insured years on an average wage or salary will
  remain stable in the long term.

- The State will make an appropriate contribution to the extra
  burden on the system imposed by demographic changes.

- The family-related elements in pensions law will be expanded by
  extending the child care period to 3 years for births from 1992 on
  and by giving more weight to child-rearing and care in calculating
  pensions and benefits.

  At the end of 1990 some 3.45 million mothers born before 1921 were
  receiving a child care allowance of an average DM 73/month. In
  addition, at the end of 1990 some 1.9 million mothers/fathers born
  after 1921 were receiving a pension which was about DM 60 a month
  higher on average because of the recognition of child care years.

- The pensionable age will become more flexible. If a person
  retires early, his/her pension is reduced, if a person stays on
  after pensionable age, the pension is increased. Higher life
  expectancy can be expected to lead to a longer working life in the
  long run.

```

_**Viability**_ _**and**_ _**financing**_ _**of health insurance scheme assured**_

```
The revision of statutory health insurance in 1989 has since had a
positive effect. In 1990 the average rate of contribution was 12.6%
- instead of the 14% or so if the trend had been continued without

the health reform. The reform restricted payments from the statutory
health insurance scheme to what was medically essential and also had
the effect of reducing medical care shortcomings. Where there is
provision for payment of the excess by the insured party, the less
well-off are effectively protected by a "social and surcharge
clause".

Where persons dependent on very considerable nursing care are cared
for at home, the statutory health insurance scheme now takes on the
provision of a home help for four weeks a year when the carer is
unavailable. Since 1 January 1991 the range of services has been
extended. Insured parties (persons who, because of their condition,
are particularly in need of long-term care from third parties) may
claim for up to 25 home-care visits per month or receive a lump sum
of DM 400 per month.

```

```
                  - 104 
```

_**Broad range of**_ _**social**_ _**benefits**_

```
Social welfare is fully guaranteed in the Federal Republic. The
total of all social benefits is included in the social budget. In
1990 it was DM 703 billion in all, accounting for 29.4% of the gross
domestic product. Social payments amounted to DM 11 270 per capita,
with by far the most, 40.4%, going on old age and surviving
dependants, 33.1% on health, 12.8% on married persons and the family
and 8.4% on employment.

FINAL REMARKS

Both in terms of the material position of the worker and in terms of
his/her legal position, the recommendations of the Social Charter
have found full application in Germany. This also applies to the
following points, not mentioned as such in the report:

- There is unrestricted freedom of movement of labour.

- Free choice of occupation is constitutionaIly safeguarded by the

  Basic Law.

- Free collective bargaining and freedom of association are
  keystones of the German social order and are also constitutionally
  safeguarded. The unions and management lay down wages and working
  conditions - in particular, fair pay - in freely negotiated
  collective agreements. The negotiated wage levels are the legal

  mini mum.

- Labour promotion law stipulates that Job-finding is a free

  serv ice.

- The statutory minimum annual leave (which is in practice of no
  significance compared with annual leave arrangements negotiated by
  collective bargaining) is 3 weeks; it is intended to extend this
  to 4 weeks. Every worker has a basic daily rest period.

- Youth employment protection legislation forbids the employment of
  children and in all other respects meets the requirements of the

  Social Charter.

- Public social assistance is also part of the overall social
  security system. It plugs the gaps left by other social security
  systems and supports persons who would otherwise have insufficient
  means for subsistence. There is a legal right to social

  assistance.

```

G R E E C E

```
                 - 106 
FREE MOVEMENT OF WORKERS

From 1.1.1988 workers from EEC Member States have been free to come

to work in Greece without any obstacle apart from those resulting
from considerations of public order, public security and public
health. Such workers can work freely in Greece once they have found
an employer to engage them and they do not need a residence permit or
a work permit. All that is required of them is that they report to
the competent police authority within eight (8) days of their arrival
in Greece.

If their employment lasts for more than three (3) months they then
require a resident's card confirming them to be residents of an EEC
Member State and this they can obtain from the competent police
author ity.

In addition to the above, mention should be made of Presidential
Decree 525/83 which concerns entry into and residence in Greece of
self-employed EEC nationals (liberal professions) and which was
issued in order to bring Greek legislation into line with the
provisions of the Council Directives of the European Communities.

The existing legislation guarantees the free movement and employment
of nationals of EEC Member States and no new initiatives have

therefore been taken in this sphere.

EMPLOYMENT AND REMUNERATION

There are no specific provisions which prohibit certain categories of
person from freely choosing and engaging in an occupation other than
the provisions regulating each trade or profession.

Collective Agreements or Arbitration Awards, which have equal force,
regulate salaries and wages in various branches and occupations and
any extra payment for which provision is made.

 In addition to the above collective arrangements a National General
Collective Agreement (NGCA) is signed each year and determines the
wages policy for that year. Furthermore, by the terms of Article 664
of the Civil Code an employer may not make any compensatory
deductions from any wages due to a worker if such wages are necessary
for the support of the worker and his family. This prohibition does
not apply to compensatory deductions made to offset any loss or
 injury due to damage caused intentionally by the worker in the
performance of his contractual duties. Wages which are not subject
to compensatory deductions must be paid in full.

 IMPROVEMENT OF LIVING CONDITIONS

From 1.1.1984 the weekly wage of workers in Greece corresponds to
40 hours' work (NGCA of 14.2.1984).

```

```
                   107 
For workers with any contractual employment relationship with the
public services, local government organizations or public corporate
bodies the weekly wage corresponds to 37fc hours' work (Laws 1157/81
and 1476/84).

Decision 25/83 of the Second-Instance Administrative Arbitration

Tribunal of Athens established the 5-day 40-hour week for the

industrial sector, subject to certain conditions.

Workers in business establishments, food, fruit and vegetable, and

butchers' shops within the area of the former capital administration
have had a 5-day week since 1.2.1988.

Article 47 of Law 1892/90 concerning modernization, development and
other provisions states that company collective agreements or
arrangements between an employer and the workers' council may allow,
for a period of up to three (3) months, an increase in the number of
working hours to nine (9) per day and 48 per week and a reduction in
the number of hours in the corresponding period thereafter. It also
lays down that, throughout the combined period, which may not exceed
six months, the average number of working hours shall be fifty per

week.

In addition to open-ended and full-time contracts there are fixedterm contracts which, for those in the purely private sector, are
subject to Articles 669-674 of the Civil Code, and, for those with a
private-law employment relationship with the State, public corporate
bodies or local government organizations, are subject to the
provisions of Presidential Decree 410/88 and, additionally, to the
Civil Code. There are also part-time contracts of employment which
are subject to the provisions of Law 1892/90 and Presidential Decree
410/88.

With regard to information and consultation, in the event of
collective redundancy, which falls within the competence of our
department, the undernoted rules apply.

 In accordance with Law 1387/83 (Articles 3 and 5):

Before an employer enforces a collective redundancy, he must consult
the workers' representatives in order to investigate ways of avoiding
or reducing the collective redundancy and its adverse effects.

The employer must: a) inform the workers' representatives in writing
of the reasons for the intended collective redundancy, the numbers he
wishes to dismiss, with a breakdown by sex, age and speciality, and
the number of workers he employs and b) make available all
 information which would be of assistance in framing constructive
proposals.

Copies of such documents are submitted by the employer to the Prefect
and the Labour Inspector.

A period of twenty days is allowed for consultations between the
workers and the employer, beginning with the employer's invitation to
 the workers' representatives to begin such consultations. The
outcome of the consultations is given in a report signed by both
sides and forwarded by the employer to the Prefect and the Minister

of Labour.

```

```
                  - 108 
From 1.1.1982 workers throughout Greece have been entitled to four
weeks' leave, which increases by one day per year until, after three
years, the upper limit of twenty-two (22) (five-day week) or twentysix (26) (six-day week) working days is reached, no account being
taken in the first case of the extra rest day in the five-day week.

The provisions relating to the above matters are contained in the
Legislative Act of 19.5.1982 and in Laws 1346/83 and 1288/82.

Furthermore, Article 4 of the NGCA of 21/2/1990 lays down that
workers who have completed 25 years' service or previous service are
entitled to three days' leave in addition to the normal number, if
they work five days a week, or four days if they work six days a

week.

Young workers who are studying are also entitled to an extra 14 days'
leave, in accordance with Law 1837/89.

Generally speaking, contracts need not usually be drawn up in writing
(Supreme Court Decision 1054/76). The contract is the expression of
agreement between the parties on the same topic. The individual
contract of employment may contain provisions and conditions relating
to the duties, functions etc. of workers provided such provisions and
conditions are not contrary to the law, collective agreements etc.,
public order regulations, emergency legislation or good morals.
There are exceptions to the normal rule that contracts of employment
need not be in writing; employment relationships which require a
written form of contract include part-time working, contracts of
employment with the State, public corporate bodies, local government
organizations, contracts of actors with theatrical promoters and
contracts of safety technicians and works doctors etc.

SOCIAL PROTECTION

 In the Greek social security system the body appointed to be
responsible for implementation of general social policy is IKA, which
 is the main workers' insurance organization. The legislation on the
operation of this insurance body (Emergency Law 1846/1951), in
particular the provisions of Article 5 of that law, allow for the
continuing operation of other workers' insurance funds (special
funds) on the condition, however, that the insurance protection which
they provide is equivalent to that which IKA provides for its insured

persons.

This equivalent insurance protection relates to all the insurance
risks covered by IKA (old age, disability, death, industrial
accidents, iIIness).

The law also includes the undernoted provisions.

a) Workers who are insured either with IKA or with some other

   workers' insurance organization are entitled to sickness and
   maternity benefits in cash or in kind at least of the same type
   and extent as those provided for in the legislation on IKA.

```

```
                  - 109 
b) Workers who are acquiring a right to a pension, the amount of
  which is at the lowest level laid down in the legislation on IKA
   (Article 29 of Emergency Law 1846/1951) as the minimum pension
  entitlement, receive that amount whether they are insured with
   IKA or any other workers' insurance organization.

The protection referred to above relates to benefits and pensions for

old age or disability (whether due to illness or industrial accident)

or death of a spouse.

The same minimum provisions set out in the legislation on IKA
(Article 28 of Emergency Law 1846/1951) relating to acquisition of a
right to a pension to be paid in the situations referred to above
apply to all employees whether they are insured with IKA or with a
workers' insurance organization (special workers' fund).

The above provisions are evidence of the steps taken by the State to
guarantee an adequate level of social security protection for those
in receipt of pensions.

The undernoted information concerns the organization of social

protection to safeguard rights resulting from legislation:

Recent regulations in Law 1902/1990 applicable to the field of
insurance confirm the public law character of the right to social

insurance of all workers in Greece.

 In accordance with the interpretative provision of Article 43 (3) of
the above law, pension matters which may not be the subject of a
collective agreement on employment include the direct or indirect
change in the proportion of the worker's or employer's contribution,
the transfer from the one to the other of liability in whole or in
part for regular contributions or contributions in recognition of
previous employment and the establishment of special funds or
accounts from which periodic pension benefits or non-recurring
payments are made at the employer's expense.

 In addition, with regard to the insurance cover of all persons
employed in Greece, such insurance is a compulsory requirement
(Article 24 (1) of Law 1902/1990) irrespective of nationality, sex,
age or religion (principle of the national scope of the insurance).

This placing on the same footing of foreign nationals and Greeks and
foreign nationals working in Greece insures that they have the same
 insurance protection against the insured risks (accident, disability,
sickness, maternity etc).

The above regulations apply to workers employed in the private sector
and to those working in the broader public sector and who are insured
with special private company funds (telecommunications, electricity,
banks, etc).

There is no generalized system of protection for social insurance
benefits provided by the Organization for Labour Force Employment
 (OAED) since the basic precondition for such benefits (unemployment,
military service, family benefits, suspension, insolvency, maternity)
 is the nature of the worker (a subordinate employment relationship)
 and the payment of contributions either by employer or worker or only
 by the employer.

```

```
               - 110 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

The legislation at present in force in Greece does not seek to
prevent or impose penalties for the creation of trade union
organizations by workers, on the contrary a number of provision
underpin and encourage the unhindered practice of this right.

The provisions listed below refer to organizations which have as
members workers who have a private-1 aw subordinate employment
relationship in the private or in the public sector.

More specifically, the basis for the principle of the right of
collective organization of workers in Greece is found in Articles 12
and 13 of the Constitution (but with restrictions on the abuse of
that right expressed in Article 25), Article 78 of the Civil Code
and, in particular, in Articles 7 and 14 (1 and 2) of Law 1264/1982
and in International Conventions of Labour 87/1948 and 98/1949 which
have been duly ratified by legislation.

A more detailed account of the situation is as follows:

   By the terms of Article 7 of Law 1264/1982 every worker who has
   worked for two months in the previous year in the undertaking or
   enterprise or branch of trade in which he is employed has the
   right to become a member of an organization in that undertaking
   or enterprise or branch of trade provided he satisfies the
   conditions for membership in the organization's articles of
   associât ion.

   The same article gives trade union organizations the right to
   become members of the above mentioned organization.

   If a worker is refused admission to a trade union organization or
   if a trade union is refused admission to one of the organizations
   referred to above, an appeal can be lodged with the competent
   lower court which can order the admission of the appellant to the
   trade union organization.

   Article 14 (1 and 2) of Law 1264/1982 lays down that State bodies
   have a duty to take the necessary steps to ensure the unhindered
   exercise of the right to establish and independently operate
   trade union organizations and generally prohibits any
   interference whatsoever in the exercise of trade union rights
   including the right to establish trade union organizations and to
   call for penal sanctions in accordance with Article 23 of the
   same law.

   According to Law 1876/1990 trade unions and employers'
   associations and individual employers have a right and a duty to
   negotiate the terms of collective agreements.

The side exercising the right to negotiate has to inform the other
side, in writing, of the place where the negotiations are to take
place and of the subjects to be discussed. If the negotiations end

```

```
                  - 111 
in agreement the agreement is recorded in writing and signed by the

representatives of the parties. If no agreement is reached the

interested parties can ask for a mediator to be appointed or can go
to arbitrât ion.

The mediator is selected by the parties from a special list of

mediators and, if they cannot agree, he is chosen by lot.

The mediator invites the parties to discussions, interviews the
parties in private, examines individuals or makes any other enquiries
about the working conditions or financial situation of the
undertaking.

If the parties, in spite of the efforts of the mediator, fail to
reach agreement within 20 days, the mediator presents his own
proposal which, if accepted by the parties, is signed and has the
same standing as a collective agreement.

If the mediator's efforts are unsuccessful recourse can be had to

arbitration under certain conditions.

The arbitrator is selected, by agreement between the parties, from a

special list of arbitrators.

The arbitrator studies all the data collected at the mediation stage
and, within ten days of assuming his duties, issues the arbitration

award.

The conditions governing the exercise of the right to strike are set
out in Articles 19, 20 and 21 of Law 1264/82 as amended by Articles 3
and 4 of Law 1915/90 and are as follows:

a) Strikes are organized by trade unions.

b) The right to strike may be exercised only if the employer or
   employer's association is given at least 24 hours' notice of the
   intention to strike and, in the case of workers with a private   law employment relationship in the wider public sector whose work
   is vitally necessary to maintain basic public services (Article
   19 (2) of Law 1264/82 as amended by the changes in Article 3 of
   Law 1915/90), the strike call may not be put into effect until
   four full days after notification of the strikers' demands and
   the reasons underlying them.

c) A strike may be called by a trade union only by a decision of its
   General Assembly or Council, depending on the form and size of
   the trade union, in accordance with the specific provisions of

   Article 20 of the same law.

   A strike in demonstration of solidarity may be called only by the

   more representative third-level trade union organization.

   Staff associations as defined in Article 1 (3 a), indent cc' of
   Law 1264/82 may exercise the right to strike subsequent to a
   decision by secret ballot taken by a majority of the workers in
   an undertaking, public service, public corporate body or local
   authority. For workers in an undertaking, public service, public

```

```
                  - 112 
  corporate body or local authority, if there is no staff
  association or company guild or branch guild of which most of
  them are members, a decision to strike may be taken by the most
  representative Trade Union Federation in the area where they

  work.

d) The trade union organization which calls a strike must ensure
   that, for the duration of the strike, staff are present in
  sufficient numbers to guarantee the safety of the installations
  of the undertaking and prevent disasters or accidents and, with
   regard to trade union organizations of workers referred to in
  Article 19 (2) of Law 1264/82 as amended by the changes in
  Article 3 of Law 1915/90, they must in addition make available
   the staff required to maintain basic public services.

   Article 21 of the above Law, together with Article 4 of Law
   1915/90, defines the procedures relating to emergency staff and

   their manner of nomination.

   If there is no agreement on the nomination of emergency staff the
   body responsible for finding a solution is the committee referred
   to in Article 15 of Law 1264/82 as superseded by Article 25 of
   Law 1545/85. This committee has three members, is chaired by a
   court representative and the other members are a workers'
   representative and an employer.

VOCATIONAL TRAINING

1) The undernoted provisions regulate the access to vocational
   training:

```

```
- Royal Decree

- Law 709/77

```

```
of 6/6/52 on the education of trainee artisans.

Introduction of incentives for vocational

training of the workforce and regulation of

associated matters.

```

```
- Law 1346/83 Amendment of and supplement to the provisions
           of labour legislation and regulation of various

           matters.

  Law 1404/83 Programmes for training units of the
           Organization for Labour Force Employment (OAED)
           (Article 50).

  Law 1545/85 National system to combat unemployment and

           other provisions (Chapter E).

```

```
- Law 1566/85

- Law 1836/89

```

```
Second-1 eve I education

Promotion of employment and vocational training

and other measures.

```

```
- Law 4009/89 Decision of the Minister of Labour. Definition

           of the conditions for OAED for cooperation with
           the agencies referred to in Article 8 (1 and 2)
           of Law 1836/89 in connection with the drafting
           of vocational training programmes etc.

```

```
                  - 113 
   It is clear from the above provisions that all young people in
  Greece, irrespective of their nationality, are entitled at the
  end of their compulsory schooling to have basic vocational
  training if they wish, either in lower secondary schools or in
  technical schools, in order to equip them for their future

  careers.

2) There are some new initiatives associated with the amendment of
  Article 6 of Law 709/77 and which the Directorate in the Ministry
  of Labour with responsibility for vocational training is already
  working on.

3) The OAED has no specific structures in this area except those in
   the recent Law 1890/90 which replaced Emergency Law 1262/82 and
  which provides for the retraining in new technologies of
   redundant workers from firms in financial difficulty and of staff
   from private undertakings. In addition, the OAED considers
   suggestions from associations and federations for retraining of
   their members in accordance with Law 709/77.

EQUAL TREATMENT FOR MEN AND WOMEN

Equal treatment for men and women in labour relations is guaranteed
by the Constitution (Articles 4 (2) and 22 (1)), by the National
General Collective Agreement of 1975 which laid down the principle of
equal pay for male and female workers and which was supplemented in
1978 by ratification of International Labour Convention 100 'on the
equal remuneration for men and women workers for work of equal
value', and by Law 46/75.

Law 1414/84 on 'ensuring equality of the sexes in labour relations
and other provisions' (Gazette A/10/2.2.84) forbids any
discrimination on grounds of sex or marital status in relation to
access to, content and implementation of programmes and systems of
careers guidance, vocational training, apprenticeships, further
training, retraining, training for a change of occupation, open
retraining courses, refresher courses and information for workers

(Article 2 ) .

Access to all branches and levels of employment must be ensured

irrespective of sex and marital status (Article 3).

Men and women are entitled to equal remuneration for work of equal
value (Art icle 4 ) .

Any discrimination, on grounds of the sex of the worker, with regard
to terms and conditions of employment, vocational development or

career advancement is forbidden (Article 5 ) .

Termination of an employment relationship for reasons relating to sex

 is forbidden (Article 6 ) .

Any employer who infringes the provisions of this Law is liable to a

fine of Dr 20 000 to Dr 300 000 (Article 12).

```

```
                  - 114 
The Organization for Labour Force Employment (OAED), the General
Secretariat for the Equality of the two Sexes and other agencies have
taken steps to intensify action to encourage the equal treatment of
men and women, e.g. by drawing up programmes for the vocational
training of unemployed women and for the return of women to the

labour market. In this connection mention should be made of the

Social Initiative NOW (transnational cooperation programmes).

Law 1483/84 'Protection and assistance for workers with family
responsibility' (Gazette 153/A/8.10.84) makes provision for parental

leave for workers of both sexes to allow them to take care of their

children. Such leave is for a period of three months for each parent
and is granted for each child between the end of maternity leave and
the date when the child is two and a half years of age.

Parents are also allowed leave of absence in the event of sickness of

the children or dependent members of the family, a reduction in
working time of one hour per day if they have a child with a
physical, psychological or mental impairment and, finally, they are
entitled to leave in order to help their children's progress at

school.

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

Provision is made in Greece for a system of information, consultation
and participation of workers in decision-making relating to
undertakings operating in Greece.

The conditions for the procedures for and implementation of the
measures in question are set out in Law 1767/88 on workers' councils,

which ratified International Labour Convention 135.

All undertakings with at least 50 employees come within the scope of
this law. In undertakings without trade union representation the
figure is reduced to 20.

Law 1767/88 gives workers the right, through their councils, to
obtain information and to take decisions jointly with the management
of the undertaking in relation to a number of subjects affecting the
workers in the undertaking and to its economic activity and its
programming.

a) In particular, Article 12 states that workers' councils:

1. Take decisions jointly with the employer on the subjects listed
   below, provided they are not already regulated by legislation or
   collective agreement or if there is no trade union organization
   in the undertaking:

   aa) formulation of the undertaking's internal regulations

   bb) regulations governing health and safety in the undertaking

```

```
                 - 115 
  ce) drafting of documentation on programmes for new working
      methods in the undertaking and on the use of new technology

  dd) programming of retraining, ongoing training and further
      training of staff, especially after any introduction of new
      technology

  ee) the manner in which the presence and behaviour of staff are
      monitored, it being a condition that their dignity be
      respected, e.g. with regard to the use for the purposes of
      such monitoring of listening devices or cameras

  ff) programming of regular leave

  gg) the reintegration, at workplaces suited to their abilities,
      of workers disabled as a result of an industrial accident

      in the undertaking

  hh) programming and monitoring of cultural, recreational and

      social events and of social facilities.

2. Examine and propose methods of improving productivity from all
  factors of production.

3. Propose measures for the improvement of working conditions.

4. Nominate the members of the Health and Safety Committee from the
  workforce.

The agreement on the above matters is a written agreement and has
regulatory force. Any disagreement which arises is resolved by a
Préfectoral Committee in a reasoned decision.

°) By the terms of Article 13:

1) The employer is required to inform the workers' council
   concerning the matters listed below before any decisions related
   to them are implemented:

   aa) any change in the articles of association of the
      undertaking

   bb) total or partial transfer, extension or reduction of the
      undertaking's installations

   cc) introduction of new technology

   dd) changes or restructuring of staff, reduction or increase in
      the number of workers, and jobs suspended or to be worked
      in rotation

   ee) annual programming of investments for health and safety
      measures in the undertaking

   ff) any information which the workers' council requests and
      which concerns the matters referred to in Article 12 of

      this law

```

```
                  - 116 
  gg) programming of any overtime working.

2) Workers' councils also have the right to be informed of:

  aa) the general economic trend of the undertaking and of the

      programming of production

  bb) the undertaking's balance sheet and annual report

   cc) the undertaking's operating results.

c) By the terms of Article 14. if there is no trade union in the
   undertaking, the workers' council is to be consulted by the

   employer :

   aa) in cases of collective redundancies, insofar as provided
      for by the legislation in force at the time on the
      monitoring of collective redundancies

   bb) in cases where consultation with the workers is provided
      for in general or specific legislation.

It should be pointed out that the operation of workers' councils

under the above law is not intended to conflict with the aims, means

and rights of the trade unions. On the contrary, the same law
provides for cooperation with and the supply of information to the
undertaking's trade union organization.

HEALTH PROTECTION AND SAFETY AT THE WORKPLACE

```

_**Community**_ _**Direct**_ _**ives**_ _**concerning**_ _**safety**_ _**and**_ _**health**_ _**containing**_
_**provisions more favourable than those at present in force in Greece**_

```
Greek legislation has not yet been brought into line with the
following Directives:

   1. Direct ive 88/642

   2. Direct ive 89/391

   3. Direct ive 89/392

   4. Direct ive 89/654

   5. Direct ive 89/656

   6. Direct ive 90/270

   7. Direct ive 90/269

   8. Direct ive 90/394

With regard to Directive 88/642, the corresponding Greek law has
already been prepared and is in the final stage of publication
whereas the others are in course of preparation.

```

```
               - 117 
```

_Worker participation_ _in decision-making_ _on_ _health_ _and_ _safety_

```
   At undertaking level

   . In accordance with Article 1 of Law 1767/88 workers have the

    right to elect and organize workers' councils to represent

     them in the undertaking if the number of workers is at least

     20. Article 12 of the same law states that the role of the

    workers' council is to provide advice and information and its

    objective is to improve the working conditions of the workers

     in keeping with the development of the undertaking.

     In accordance with Law 1568/85 workers in undertakings which
     have more than one hundred and fifty (150) employees have the
     right to establish a committee of workplace health and safety
     consisting of elected representatives from the undertaking.

   At préfectoral level

   Each Prefecture has a collective advisory body for the health

   protection and safety of workers at the workplace, known as the
   Préfectoral Committee of Health and Safety at the Workplace. The

   members of such committees always include two representatives of

   the most representative Trade Union Federation in the Prefecture.

   At national level

   Three representatives of the representative third-level trade
   union organization are members of the Council for Health and
   Safety at the Workplace. The role of the Council is to provide
   information and reports for the Minister of Labour on matters
   concerning health and safety (for Presidential Decrees,

   Ministerial Decisions etc.).

Finally, the parties to any collective agreement can make decisions
 jointly on matters concerning health and safety.

PROTECTION OF CHILDREN AND ADOLESCENTS

Article 2 of Law 1837/89 on the protection of young people, on
employment and other matters states that young people must be at
 least 15 years of age before they can be employed in any capacity
with the exception that young people under 15 may be employed in
 theatrical or musical performances or other artistic events provided
 such work is not harmful to their physical or mental health or their
morals. The employment of young people under the age of 15 in such
 events has to be authorized by the competent Labour Inspectorate and
 is subject to the restrictions contained in the abovementioned

 art icle.

 By the terms of Article 6 of Law 1837/89 the remuneration of young
 people is based on at least the lowest wage for the work in question,
 as laid down in the National General Collective Agreement, for the
 number of hours worked. Provisions containing more favourable
 working conditions and higher levels of remuneration are contained in
 collective agreements.

```

```
                - 118 
Article 5 of Law 1837/89 stipulates:

a) that young people who have not reached the age of 16 and young
  people studying in any kind of higher or lower secondary schools
  or public or private technical colleges recognized by the State
  may not work more than 6 hours per day or 30 hours per week and
  may not work overtime.

   For young people taking part in artistic or similar events the
   relevant provisions lay down further restrictions on working time
   depending on age (for young people between 3 and 15 years of age
   a maximum of two (2) to five (5) hours per day).

b) That young people must have a daily rest period of at least 12
   hours, which must include the time between, 10 p.m. and 6 a.m.
   This provision has the indirect effect of prohibiting night work
   for young people.

c) That young people attending school or university who are also
   working should be facilitated with regard to the time at which
   the employer requires them to arrive at work and to be at work.

In accordance with Article 4 of Law 1387/89 young workers, before
being employed on any work, have to attend courses in out-of-school
vocational guidance. These courses are designed and organized by the
OAED which awards the young person a certificate for the course
attended.

By the terms of Articles 6-9 of Law 1566/85 all young people,
```

_**Irrespect**_ _**ive**_ _**of**_ _**nationality,**_ _**are**_ **`entitled`** **`at the end of their`**
```
compulsory schooling to have basic vocational training if they wish,
either in lower secondary schools or in technical schools, in order
to equip them for their future careers.

THE ELDERLY

The provisions which ensure that every worker in the European
Community enjoys resources affording him or her a decent standard of
 living were referred to in section D on Social Protection.

With regard to the protection system for persons who have reached
retirement age but who are not entitled to a pension, the Greek
government wishes to state that every Greek citizen is entitled to
medical attention, pharmaceutical products and hospital treatment.

 If the above services are not provided by the insurance organization
 the State assumes responsibility for them by issuing a certificate of
 financial need. Also, if the elderly person has particular problems
with housing or because of a disability etc. he or she is entitled to
 an appropriate form of social assistance (housing or disability
 allowance) either as a lump sum or as an additional payment.
 Furthermore, if he or she is not entitled to a pension from some
 organization a non-insurance pension is provided.

 The above benefits are in the nature of relief payments but they are
 not sufficient to cover the minimum cost of living.

```

```
                119 
DISABLED PERSONS

The measures which have been taken by the State for the social and
vocational integration of disabled persons are as follows:

a) Law 1648/86 on the protection of war disabled, war victims and
   disabled persons requires that Greek undertakings or foreign
   undertakings operating in Greece which have more than 50
   employees to recruit 4% of their workforce from the persons
   referred to in paragraph 1 and a further 3% from those referred
   to in paragraph 3 of Article 1.

   The public services, public statutory bodies and local
   authorities are required to recruit, without an entrance
   competition, persons protected by Law 1648/86 in the ratio of
   five such persons per 100 vacancies and, for vacant positions of
   messengers, night watchmen, cleaners, charwomen, doorkeepers,
   gardeners and waiters, in the ratio of one protected person per 5

   vacancies.

b) Decision No 30052 of 24.1.91 of the Minister of Labour on the

   preparation of programmes relating to the contribution of the
   Labour Force Employment Organization (OAED) to the costs incurred
   by employers for basic ergonomie adjustment of workplaces to be
   used by disabled persons protected under Article 4 (1) of Law
   1648/86.

c) Joint Decision No 30993 of 27.3.91 of the Ministers of Finance

   and Labour on the preparation of programmes for subsidizing
   private undertakings, organizations and local authority and
   public utility undertakings, cooperatives of trade groupings and
   associations thereof which employ disabled persons under the
   compulsory recruitment procedure (Article 2 of Law 1648/86) and
   in general for subsidizing employers recruiting disabled persons.

 IMPLEMENTATION OF THE CHARTER

The fundamental social rights contained in the Social Charter
correspond to the individual and social rights included in and
safeguarded by the Greek Constitution. These constitutional rights
do not confer on the individual citizen a right of action against the
State to guarantee a particular social right but serve as a marker
for the Greek State, indicating the general direction to take in
order to protect such rights by means of appropriate legislation.

 In practice there are laws and presidential decrees which ensure the
protection of all social rights.

```

**I R E L A N D**

```
               - 121 
FREEDOM OF MOVEMENT

Restrictions preventing freedom of movement

There are no restrictions other than those justified on grounds of
public order, public safety or public health which would prevent any
worker of the European Community from moving freely.

New initiatives

There are no new initiatives required to guarantee the right of
residence to workers who, in exercising their right to freedom of
movement, engage in any occupation or profession.

There are no obstacles to the exercise of the right to freedom of

movement where the qualifications of EC nationals are regarded as

comparable.

There are no new initiatives to reinforce the rights to freedom of
movement and equal treatment in all types of occupation of profession
and for social protection purposes.

Measures to encourage family reunification. recognition of

ouaI if icat ions

No specific measures exist to encourage family re-unification on the
recognition of diplomas etc.. However Ireland is actively involved
 in participating in European actions on these questions. The
question of frontier workers is not a problem for Ireland. Under
SEDOC bilateral links are developed with the Member States to which
 Ir ish workers go.

 IMPROVEMENT OF LIVING AND WORKING CONDITIONS

Measures covering duration and organization of working-time

A labour market survey published in 1989 showed that the average
 number of hours worked by full-time employees in industry in Ireland

was 41 hours.

The Framework Agreement on Hours of Work negotiated under the
 Programme for National Recovery (1987-1990) provided for a reduction
of working hours by one hour in cases where the normal working week
 is at or above 40 hours. This reduction in working hours has
 generally been implemented throughout the economy.

 The question of a further reduction in working hours was discussed in
 the recent negotiations between the Government and the Social
 Partners on the Programme for Economic and Social Progress but
 agreement was not reached on the issue. The Programme states that
 the ICTU have indicated that they will, in the event of negotiations
 for a further Agreement on Pay and Conditions, be seeking a general
 reduction in working time in the context of international
 developments and the economic and social situation in Ireland.

```

```
                  - 122 
While hours of work are in practice negotiated by collective
bargaining, certain minimum statutory provisions are laid down in the
Conditions of Employment Act, 1936 and the Shops (Conditions of
Employment) Acts, 1938 and 1942. These Acts are designed to regulate
working hours in the context of industrial shift work and in shops,
hotels, etc.

Under the Conditions of Employment Act. 1936. continuous process
shift-work and licensed shift-work must conform to the following
condit ions:

(a) no shift may exceed nine hours in duration;
(b) an interval of at least 15 minutes must be allowed between 3 and
   4 hours after the commencement of each shift;
(c) a worker must not work two consecutive shifts, and 8 hours must
   elapse between each spell of shift-work;
(d) hours worked per week must not exceed 56 hours for continuous
   process shift work and 48 hours per week in any period of 3
   consecutive weeks in the case of licensed shift-work.

Shift-work is unlawful unless on continuous process or under licence.
This restriction does not apply to industrial work done in or about
the printing or publishing of newspapers. Continuous process work is
defined as industrial work that normally requires to be carried on
without intermission or to be carried on for periods of not less than
15 hours at a time without intermission, eg.: brewing, manufacture of
glass, sugar, etc. Other shift-work must be licensed by the Minister
for Labour.

The 1936 Act also provides that workers on day work in industrial
undertakings may not continue work after:

(i) 8 pm or any ordinary working day
(ii) 1 pm on any short day
(iii) 9 hours work has been completed on any ordinary day
(iv) 48 hours work has been completed in any week.

Overtime is subject to the following limitations: 2 hours per day, 12
hours per week, 36 hours per 4-week period and 240 hours per annum.
Permits allowing longer periods of overtime are granted by the
Minister for Labour.

A worker employed on day work may not work for more than five hours
without an interval of at least half an hour. All workers in an

 industrial undertaking must get this interval at the same time, and
 industrial work must not be carried on during such interval. The
Minister for Labour may grant a permit to an employer exempting him
from this provision. A worker must get an interval of at least half
an hour immediately before he/she commences to work overtime which
will last more than one and a half hours.

The Shoos (Conditions of Employment) Acts. 1938 and 1942 regulate and
control the conditions of employment of workers in wholesale and
retail shops, warehouses, hotels (Dublin City only), licensed
premises and refreshment houses (restaurants, cafes or tea shops).
The Act specifies the following maximum hours of work: 11 hours per
day, 56 hours per week in hotels and 48 in other shops.

```

```
                  - 123 
Overtime may be worked within the following limits:

Hotels: 66 hours in any week or 244 hours in any four

        consecutive weeks or 2 900 hours in any year.

Other shops: 60 hours in any week or 216 hours in any four

        consecutive weeks or 2 600 hours in any year.

The Act also makes provision for meal intervals.

The Minister for Labour has given a commitment in the recent
Programme for Economic and Social Progress (negotiated between the
Government and the Social Partners) to review the legislation and to

identify the options which may be required.

Regular part-time working has, in recent years, become a permanent
feature of the Irish labour market (increasing from 42 500 to 70 000
workers between 1975 and 1989). In response to this situation the
Minister for Labour, following consultation with the Social Partners,
introduced the Worker Protection (Regular Part-Time Employees) Act,
1991. This Act is designed to extend the benefits, of the following
Acts to regular part-time employees:

   Holidays (Employees) Act, 1973
   Maternity Protection of Employees Act, 1981
   Minimum Notice and Terms of Employment Act, 1973 and 1984
   Protection of Employees (Employers' Insolvency) Acts, 1984 and

   1990

   Redundancy Payments Act, 1967 to 1990

   Unfair dismissals Act, 1977

   Worker Participation (State Enterprises) Act, 1977 and 1988.

Regular part-time employees are defined as those who normally work
eight hours per week and have thirteen weeks continuous service.
Prior to the introduction of this legislation a threshold of 18 hours
per week existed in order to be covered by these Acts, with the
exception of the Holidays Employees Act, 1973, which required that
 120 hours per month be worked.

Most labour legislation offers protection to employees who have
 "contracts of service". Agency workers do not come within this
definition. The Minister for Labour has undertaken, in the Programme
 for Economic and Social Progress, to examine the position of agency

workers.

 Rights governing annual paid leave and weekly rest periods

 The Holidays (Employees) Act, 1973 provides that an employee who
works at least 1 400 hours (1 300 hours if under 18) in leave year,
 i.e. 1 April to 31 March, is entitled to three weeks paid leave,
 unless he changed his employment during that year. An employee who
 has not worked the required total hours in the leave year, or who
 changed his employment in that year, is entitled instead to paid
 leave at the rate of three quarters of a week for each calendar month
 during which he worked at least 120 hours (110 hours if under 18).

```

```
                  - 124 
As mentioned in the response to Question 7 above, with effect from 6
April 1991, the Workers Protection (Regular Part-Time Employees) Act,
1991 extended to regular part-time employees, on a modified basis,
the benefits of the Holidays (Employees) Act, 1973. Regular parttime employees are defined as those who are in continuous employment
of the employer or not less than thirteen weeks and who are normally
expected to work not less than eight hours per week. Under the 1991
Act regular part-time employees are entitled to annual leave at the
rate of six hours per 100 hours worked and proportionately less where
fewer hours are worked. The 1973 Act provides for entitlement to
eight public holidays. All regular part-time employees are now
entitled to public holiday on the same basis as full-time employees.

The Minister for Labour has undertaken in the Programme for Economic

and Social Progress to review the legislation relating to holidays.

While the legislation sets down minimum statutory entitlements, in
practice, annual leave entitlements are usually negotiated by
collective bargaining and the average annual entitlement would be
approximately four weeks. The question of a weekly rest period is
again generally a matter for negotiation, other than the minimum
hours set down in the Conditions of Employment Act, 1936 and the
Shops Acts, 1938 and 1942 (see Appendix).

Defining conditions of employment

The conditions of employment of Irish workers are defined in a
variety of ways. Minimum statutory entitlements are laid down in a
number of labour laws relating to holidays, dismissal, maternity
 leave, notice, redundancy etc. In addition, many workers have
entitlements set down in a written contract of employment or a
collective agreement negotiated with the employer.

The Minimum Notice and Terms of Employment Act, 1973 provides that an
employee covered by the Act may require his or her employer to
furnish a written statement containing all or any of the following
part iculars:

 (a) date of commencement of employment,

 (b) the rate or method of calculation of remuneration,

 (c) the length of the intervals between the times at which
   remuneration is paid, whether weekly, monthly or any other
   per iod,
 (d) any term or conditions relating to hours or work or overtime,
 (e) any terms or conditions relating to
   (i) holidays and holiday pay

   (ii) incapacity for work due to sickness or injury and sick pay,

       and

   (iii) pensions and pensions schemes,
 (f) the period of notice which the employee is obliged to give and
   entitled to receive is determined by his or her contract of
   employment, or (if the contract of employment is for a fixed
   term) the date on which the contract expires.

 An employer is obliged to provide the above details within one month
 of a request to do so.

```

```
                  - 125 
SOCIAL PROTECTION

Organization of social protection system

Social Security Services in Ireland are organized under the general

control of the Minister for Social Welfare. The Department of Social

Welfare is responsible for administering the State's statutory and

non-statutory social security services. The primary function of the

Department is one of income maintenance and it provides cash benefits

for people at certain stages of their lives or when contingencies

such as sickness or unemployment arise.

Services are divided into two categories: Social Insurance and Social
Assistance. The range of services provided covers all of the
internationally recognized branches of social security, e.g. old
age/retirement pension, widowhood, sickness, unemployment maternity
and employment injury. It also administers the family support
schemes of Child Benefit and Family Income Supplement.

In addition to cash benefits, benefits in kind such as dental and

optical benefit, free travel and free electricity for the elderly and
the disabled are provided.

```

_Social_ _Insurance_ _Contributions_

```
All employees, irrespective of their level of earnings are
compulsorily insured from the age of 16 years to 66 years. Insurance
contributions are earn|ngs-related but the percentage of salary
payable varies according~to the nature of employment. Entitlement to
various benefits is subject to being insured in an appropriate
contribution category. Since April 1988 self-employed persons have

also been liable for social insurance contributions which entitle

them to certain long-term benefits.

```

_Social_ _Insurance_ _Benefits_

```
Entitlement to a Social Insurance Benefit depends on the claimant
having a certain standard of pay-related social insurance (P R S I )

contributions recorded.

 Subject to appropriate statutory conditions (but without regard to
 the recipient's means) the following flat-rate insurance benefits are
 available: disability benefit, invalidity pension, unemployment
 benefit, maternity benefit, widows' pension, deserted wifes' benefit,
orphans' allowance, treatment benefit and a death grant. Pay-related
 benefit is payable with disability benefit, unemployment benefit and
 injury benefit to persons whose employment is insurable at certain
 rates of insurance contribution. The cost of the flat-rate and pay related benefits is met by pay-related social insurance contributions
 from employers, employees and the self-employed with the balance of
 the expenditure being paid by the Exchequer.

```

```
                - 126

```

_**Occupational Injuries**_ _**Benefit**_

```
The Insurance services also provide for payment of benefits in
respect of injury, disablement or death, as well as medical care
resulting from an occupational accident or disease. These benefits
are available to employees, irrespective of age.

```

_**Social Assistance Schemes**_

```
Social assistance is paid to those who do not satisfy the
contribution conditions necessary for receipt of social insurance
benefits, or to people who have exhausted their entitlement to
insurance benefits. To qualify for social assistance, the claimant
must satisfy a means test. Supplementary Welfare Allowance is
usually payable where the person has no means or insufficient means
to meet essential needs and where the conditions for receipt of
disability benefit and unemployment benefit/assistance are not
satisfied. The allowance is a safeguard measure that ensures that
the person receives a basic income maintenance entitlement.

Child Benefit is payable without a means test in respect of children
under 16 years of age and children between the ages of 16 and 18 who
are in full-time education or physically or mentally handicapped.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

Laws governing formation of professional organizations or trade
unions

The relevant position in the Constitution in relation to freedom of
association is Article 40.6.1. In this Article the State guarantees
 liberty for the exercise, subject to public order and morality, of,
 inter alia, "the right of citizens to form associations and unions".
The Article provides that laws may be enacted for the regulation and
control in the public interest of the exercise of this right.
Article 40.6.2 provides that laws regulating the manner in which the
right of forming associations and unions may be exercised shall
contain no political, religious or class discrimination.

The right to Join associations, unlike the right to form associations
 is not guaranteed by the Constitution. Although the power of the
Oireachtas (Parliament) to regulate freedom of association is
 limited, trade unions may themselves impose restrictions on the right
to join. A trade union is not obliged, constitutionally or
otherwise, to accept every applicant into membership. A number of
 legal cases have established that there is no constitutional right to
 join the union of one's choice. Some categories of workers i.e.
members of the Defence Forces and of the Garda Siochana (Police) are
forbidden by law to join ordinary trade unions and to resort to
 industrial action to effect changes in their terms and condition of
employment. The courts established the principle that the freedom or
right to associate necessarily implied a correlative right not to
 join any trade union or a particular trade union. This, in effect,
made the post-entry closed shop illegal in Ireland.

```

```
                  - 127 
Procedures for neoociating and concluding collective agreements

The principle of free collective bargaining forms the basis of the
industrial relations system in Ireland. The terms and conditions of
employment of the majority of workers are governed by collective
agreements arrived at through the process of collective bargaining at
local level between employers or employers' associations and one or
more trade unions. Certain basic rights covering such matters as
hours of work, minimum notice, dismissal and holiday entitlements are
provided for in legislation. The terms of collective agreements are
not legally binding in keeping with the informal system of collective
bargaining in Ireland. However, under the Industrial Relations Act,
1946, it is open to the parties to an agreement to register the
agreement with the Labour Court and thereby give it legal effect.
The coverage of the agreement may be extended to employers and
workers in the same industry even if they were not parties to the
negotiations provided the Labour Court is satisfied that the parties
to the negotiations are substantially representative of the class,
type or group of workers to whom it applies.

An employer is not legally obliged to bargain with a trade union and
may refuse to recognize it for this reason. However the Irish courts
have held that a dispute concerning union recognition is a dispute
for the purpose of allowing strike action to be taken. A trade union
may, under the Industrial Relations Act, 1969, also unilaterally
refer a recognition dispute to the Labour Court agreeing to be bound
by its decision. The Labour Court generally recommends that the
employer and trade union agree to negotiate a collective agreement,
even where the trade union in dispute has not secured a majority of
the employees in membership.

Regulation governing the exercising of the right to strike and
provision of conciliation, mediation and arbitration procedures

Irish statute law does not provide a positive right to strike; rather
it provides a system of immunities to ensure that in certain
circumstances, trade unions holding negotiation licences and their
members are legally protected if they institute industrial action.
The legality of trade unions and their immunity from both criminal
and civil conspiracy in the event of a trade dispute were guaranteed
by the Trade Disputes Act, 1906. This Act was repealed and
substantially re-enacted in the Industrial Relations Act, 1990. The
1990 Act protects against liability in relation to conspiracy,
peaceful picketing, inducement of breach of the contract of
employment or interference with the trade, business or employment of
another, provided, in all cases, that the act is done by a person "in
contemplation or furtherance of a trade dispute". The Trade Union
Act, 1941 made it obligatory for any body of persons which wished to
carry on negotiations for the fixing of wages or other conditions of
employment to hold a negotiation licence granted by the Minister for
Labour. The conditions which a body had to fulfil in order to be
granted a licence have been amended by the Trade Union Act, 1971 and
the Industrial Relations Act, 1990.

```

```
                   128 
The principal conditions are as follows:

(i) it must be registered as a trade union under the Trade Union Act

  with the Registrar of Friendly Societies or, in the case of a

   foreign-based union, it must be a trade union under the law of

   the country in which its headquarter's control is situated;

(ii) it must have a minimum of 1 000 members-,

(iii) it must give notice of its intention to apply for a licence 18

    months before doing so;
(iv) it must deposit with the High Court a sum of money ranging
     from IRL20,000 to IRL60.000 depending on its membership.

Foreign-based unions are not required to register with the Registrar
of Friendly Societies in order to obtain a negotiation licence.
However, a foreign-based union must have a controlling authority,
every member of which is resident in the State of Northern Ireland,
which has power to make decisions in relation to issues of direct

concern to members of the trade union resident in the State or

Northern Ireland. Apart from this, a foreign-based union must
satisfy the same conditions to obtain a negotiation licence as Irish
based unions.

The principle of free collective bargaining forms the basis of the
 industrial relations system in Ireland. This system assumes freedom
for workers to organize and to bargain with the employer while the
State's function is to provide the necessary legislative and
 institutional supports. The principal dispute-settling bodies
provided by the State are the Labour Relations Commission and the

Labour Court.

A. The Labour Relations Commmission

Set up in 1991 under the Industrial Relations Act, 1990, the LRC has
overall responsibility for the promotion of good industrial
relations. It is guided by a tripartite board with employer, trade
union and independent representatives appointed by the Minister for

Labour.

The main functions of the Commission are:

 (a) to provide a conciliation service which assists parties to a
   dispute to resolve it where direct negotiations between the trade
   union and management have failed;
 (b) to provide an advisory service whose function is to assist in
   identifying the underlying problems which may give rise to
   ongoing industrial relations unrest and help work out solutions
   to such problems;

 (c) to provide a rights commissioner service which assists in the
   resolution of disputes involving individual workers;

 (d) to conduct or commission research on industrial relations;

 (e) to review and monitor industrial relations developments;
 (f) to prepare and offer guidance on codes of practice on industrial
   relations issues which are drawn up in consultation with trade
   unions, employers' organizations and other interested parties.
   The terms of a code of practice are not legally binding.
   However, courts of law and industrial relations bodies may take
   account of any provisions of a code of practice which they deem
   to be relevant in determining any proceeding before them.

```

```
                  - 129 
B. The Labour Court

Set up in 1946, the Labour Court is a court of last resort in dispute
resolution. It is an independent tripartite body with an equal
number of members nominated by employer and worker organizations and
with its Chairman and Deputy Chairmen appointed by the Minister.
Disputes must first be referred to the Labour Relations Commission.
Once the Commission is satisfied that no further efforts on its part
will help resolve the dispute the parties may refer the dispute to

the Court which will issue a recommendation.

Regulation governing the civil service, the Defense Forces and the

Police in relation to the right to strike

Civil service employees enjoy the same rights regarding strike action

as other trade union members.

Members of the Defence Forces and of the Garde Siochana are forbidden

by law to join ordinary trade unions and to resort to industrial
action to effect changes in their terms and conditions of employment.

VOCATIONAL TRAINING

Organization of vocational training

 In Ireland primary responsibility for training rests with employers.
However FAS, the Training and Employment Authority, encourages firms
through its Training Advisory Service to provide training for their
employees. It also operates a Levy Grant Scheme for Companies above
a defined size in certain industries, e.g., Textiles, Chemical and
Allied Products, Food, Drink and Tobacco, etc., whereby these
Companies are entitled to net a grant payable to them of up to 90% of
their training levy due to FAS, and pay it the balance, if they
provide training of a satisfactory standard for their employees.

 In addition to apprenticeship training courses, FAS also runs a
range of training courses geared towards various categories of
people, mainly unemployed people, young people seeking their first
 job and mature people (mainly women) interested in returning to the
workforce. It also provides training under the Industrial
Restructuring Training Programme for small and medium-sized
enterprises in order to help improve their competitiveness in the
context of the Single European Market.

No new initiatives have been taken to offset or ban discrimination on

grounds of nationality with regard to access to vocational training.
 EC nationals have access to vocational training on the same basis as

 Ir ish nat ionals.

The State through FAS provides a certain amount of training for
 persons in employment. In addition there are in existence many
 private-sector agencies which proved training on a fee-paying basis
 for individuals or persons referred by their employers.

```

```
                        - 130 
        As indicated above, primary responsibility for training rests with
        employers. However, FAS, which is a public body, also provides
        training. The Board of FAS is composed of representatives of
        Government, employers and trade unions and thus its policies are
        formulated by representatives of these three sectors.

        EQUAL TREATMENT FOR MEN AND WOMEN

        Legislation governing the principle of equal treatment for men and

        women

        The Anti-Discrimination (Pay) Act, 1974 established the right to
        equal remuneration where women employed by the same employer in the
        same place of employment are doing "like work" with men.

        The Employment Equality Act, 1977 makes it unlawful to discriminate
        on grounds of sex or marital status in relation to access to
        employment, conditions of employment (other than pay or occupational
        pension schemes), training or work experience or in the matter of
        opportunities for promotion or regrading.

        Grievances under equality legislation can be pursued by any person in
        proceedings before Equality Officers, the Labour Court and in certain
        circumstances, the Civil Courts.

        The Employment Equality Agency was established under the Employment
        Equality Act, 1977. It has both an investigative and overseeing role
        and was conferred with three main functions

          to work towards the elimination of employment discrimination
          to promote equality in employment opportunity and
          to keep under review the 1974 and 1977 Acts.

        Initiatives to implement equal treatment

        A number of positive action initiatives have been undertaken to
        promote equal treatment for men and women as follows :

        A. Following the 1984 Government Policy statement on equality of
          opportunity in employment in the public sector, a programme of
          positive action has been set in place in State Sponsored Bodies
          which included the appointment of Equal Opportunities Officers
          and the participation by these officers in networks, and the
          adoption of equal opportunities policy statements by individual
          organizsations. The Minister for Labour set in place a system of
          monitoring progress on achievement of equal opportunities in the
```

_i_ `Pub Iic` `Sector.`

_**ïi**_

```
          The Minister for Labour's Equality Focus Award Scheme, sponsored
          by the Employment Equality Agency and the EC in co-operation with
          the Institute for Personnel Management, was introduced in 1990.
          This scheme is intended to encourage employers to implement
          positive action initiatives and to give recognition to the
          efforts which companies are already taking. Implementation of
          the Resolution on the Protection of the Dignity of Women and Men

```

```
                  - 131 
  at Work is well in hand. The Federation of Irish Employers and

  the Irish Congress of Trade Unions have issued guidelines on

  sexual harassment. The Employment Equality Agency provide advice

  and assistance in this area.

C. FAS, the National Training and Employment Authority introduced a
  Positive Action Programme in 1990. This Programme aims to
  promote actively the elimination of traditional patterns of
  occupational segregation by encouraging more women to enter non   traditional areas of work and, more generally, to promote women's
   full participation at ail levels of the labour market. The 1990
   Programme was successful in achieving its main targets and in
   initiating a sound planning basis for the development of
   effective positive action programmes in FAS in the future.

D. The Employment Equality Agency through its publications, seminars
   and conferences raises awareness of employment equality issues.
   The Agency has also issued a code of Practice on Equality of
   Opportunity in employment and are preparing a Model Equal
   Opportunities Policy for publication this year.

E. Most public sector organizations and the civil service provide
   for flexible working hours, job sharing and career breaks. A
   number of public-sector organizations have creche facilities or
   are examining the question of establishing such facilities.
   There is a commitment in the Programme for Economic and Social
   Progress that the Government will continue to encourage the
   provision, on a progress basis, of child care services for
   workers in the public service, with the State providing physical
   facilities and staff paying the running costs.

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

Legislation covering information, consultation and participation of
workers within companies established in two or more member States

There is no legislation covering information and consultation of
workers in the private sector including transnational companies.
However employee involvement is widely developed throughout the
private sector on a voluntary basis.

Measures relating to information, consultation and participation of

workers

The Worker Participation (State Enterprises) Acts, 1977 to 1991,
provide for employee involvement in a range of state enterprises.
The Acts provide for board-level representation in 11 bodies, and for
sub-board level participation in 35 state bodies. In relation to
sub-board participation, the Act (1988) is not prescriptive, but
provides a framework within which each organization can introduce and
develop arrangements which suit its own needs and existing industrial
relations practices. It provides that each participative agreement
should provide for :

```

```
                  - 132 
- a regular exchange of views and information between management

  and employees;

   the giving in good time by management, of information about

  decisions which are liable to have a significant effect on

   employees' interests;

   dissemination to all employees of information and views arising

   from the participative arrangements.

The Worker Protection (Regular Part-Time Employees) Act, 1991,
extends the legislation to cover regular part-time employees.

The protection of employment act, 1977 provides that, where an
employer is planning a collective redundancy, the employees'
representatives must be supplied with specific information regarding
the proposed redundancies and must be consulted at least 30 days
before the first dismissal takes place. This consultation must
include discussion of the basis on which employees are selected for

redundancy.

The European Communities (Safeguarding of Employees' Rights on
Transfer of Undertakings) Regulations, 1980 are aimed at safeguarding
the rights of employees in the event of the transfer of ownership of
undertakings or businesses which entails a change of employer. These
regulations provide that the transferor and the transferee must
inform the representatives of their respective employees of the
reasons for the transfer and of the legal, economic and social
implications for the employees. In addition, details of any measures
envisaged which may affect the employees must be discussed with
representatives of the employees with a view to obtaining their

agreement to these measures.

HEALTH PROTECTION AND SAFETY AT THE WORK PLACE

 Impact of Community Directives

The Safety, Health and Welfare at Work Act, 1989, incorporates most
of the provisions of the "Framework" EC Council Directives 89/391/EEC
on the introduction of measures to encourage improvements in the
safety and health of workers at work. This relates to matters such as
scope, employers obligations, protective and preventive measures,
worker information, consultation and participation of workers and
workers' obligations. Prior to the introduction of the 1989 Act only
certain sectors or activities were subject to statutory provisions.
These include manufacturing industry, construction, mining and
quarrying and the use, storage, transport etc. of dangerous
substances. Other legislation which applies only to those sectors
 (e.g. the Safety in Industry Acts, 1955 and 1980, the Mines and
Quarries Act, 1965 and the Dangerous Substances Act, 1972 and 1979)
 also embodies many of the features of the individual Directives which
 have been adopted under the umbrella of the Framework Directive
89/391/EEC. However, these Acts and Regulations are being reviewed
 in the context of those Directives to establish what changes will be
 necessary particularly as regards sectors and activities which came
within the safety system for the first time under the 1989 Act.

```

```
                133

Worker participation in decision making

The employer under Section 13(1) of the act is required to consult

his employees for the purpose of the making and maintenance of

arrangements which will enable him and his employees to co-operate

effectively in promoting and developing measures to ensure their

safety, health and welfare at work and in ascertaining the

effectiveness of such measures. He must also, so far as is

reasonably practicable, take account of any representations made by

his employees.

Under Section 13(2) of the 1989 Act employees have the right to make
representations to and consult their employer on matters of safety,
health and welfare in their place of work. Employers also have the
right to appoint safety representatives who, inter alia, may conduct
investigations at the workplace.

The purpose of formal consultation between employer and workers is:

   to secure active worker participation in accident and disease
   prevent ion

   to bring management and workers together to review and take
   action on safety and health problems

   to establish a means of communication so that workers can bring

   to light safety hazards or make suggestions for appropriate
   safety measures.

PROTECTION OF CHILDREN AND ADOLESCENTS

Legislation governing the employment of young people

Under the terms of the Protection of Young Persons (Employment)
Act, 1977 the employment of children under 15 is generally
prohibited. However, a child over 14 may be permitted to do light
non-industrial work during school holidays provided that it is not
harmful to health or normal development and does not interfere with
his or her schooling. The working hours of children during school
holidays, must not exceed 7 hours in any day, and 35 hours in any
week. During school summer holidays, a child must not do any work
 for one full period of 14 days.

The limitations on hours of work of young persons aged 15 are:

                Normal Maximum

              working hours hours of work

 n any day 8 8
 n any week 37& 40

```

```
                  - 134 
The limitations on hours of work of young persons aged 16 to 18 are

as fol lows:

               Normal Maximum

             working hours hours of work

In any day 8 9
In any week 40 45
In any 4 weeks 172
In any year 2000

The employment of children under school leaving age (at present 15
years) is prohibited for a period of 14 consecutive hours at night
including the interval between 8 p.m. and 8 a.m.

Young persons aged 15 but under 18 years must not be employed for a
period of 12 consecutive hours at night, including the interval
between 10 p.m. and 6 a.m., except for industrial workers who must
not be employed between 8 p.m. and 8 a.m.

Employees who work on more than 5 days a week and whose work on a
Sunday exceeds 3 hours, must be given at least 24 consecutive hours
rest in every 7 days.

A spell of work shall not continue for more than 5 hours in the case
of a young person (a person under 18) and for more than 4 hours in
the case of a child (a person under 15) without a rest interval of at
 least 30 minutes except that certain sections of the Conditions of
Employment Act, 1936 shall continue to apply to industrial shift

work.

All employees under 18 must be allowed 30 minutes break before
beginning overtime which will last more than 1HE hours.

Under the Act, overtime must be paid at not less than the normal rate
of pay increased by 25%. Overtime in this context means hours in
excess of normal hours, as outlined above. Other than this

provision, the remuneration of young people is generally a matter for
negot iat ion.

Employment Regulation Orders (EROS) are made by Joint Labour
Committees under the Industrial Relations Acts, 1946 and 1976. These

EROS fix minimum rates of pay and regulate conditions of employment
 in specific industries. The EROS relevant to certain industries
 (agriculture, aerated waters, brush & broom, hotels and provender
milling) set rates of pay applicable to workers on an age basis.

```

```
                  - 135 
THE ELDERLY

Provisions for retired workers

Retired workers may qualify for a medical card if their income is
insufficient to provide for their medical needs and those of their
dependants. A medical card entitles the holder, and his or her
dependants, to comprehensive health services without charge. 70% of
those aged 65 and over have medical cards. The proportion rises to
80% for those aged 80 and over. At a minimum all citizens including
retired workers are entitled to free hospital and specialist
treatment and to a subsidy for drugs prescribed by general
practitioners. Retired workers who are not entitled to an
occupational or contributory pension are entitled to a noncontributory old age pension. Non-contributory old age pensioners
qualify for medical cards, entitling them to a comprehensive health
services without charge.

DISABLED PERSONS

Measures to encourage social and occupational integration of the

disabled

There is a network of centres throughout the country which provides
Vocational Training for persons with a physical or mental handicap.

There were approximately 3 400 full-time equivalent places in
Vocational Training centres funded in 1990. It is anticipated that
approximately 3 700 such places will be funded in 1991.

There is a range of Income Maintenance Allowances provided by the
state to assist persons with disabilities. The main allowance paid

 is the Disabled Persons Maintenance Allowance. There were a total of

25 901 recipients of this allowance in 1989.

 In addition to the foregoing day, residential and other support
services, other services are being developed on a localized basis to
ensure that people with disabilities enjoy life that is as normal as
possible with their community for as long as possible.

```

I T A L Y

```
                  - 137 
FREEDOM OF MOVEMENT

1. Freedom of movement is covered by Regulation 1612/1968 and
    Directive 360/1968 on the abolition of restrictions on movement

    and residence within the Community for workers and their

    families from Member States.

```

`The principle of freedom of movement` `entails` _inter_ _alia_ `there`
```
    being no discrimination against the Community worker in
    relation to the national worker as regards access to Jobs,
    remuneration and general living and working conditions.

    Italy applies this principle and, in particular, respects the
    so-called Community priority according to which vacancies may
    be laid open to non-Community citizens only if such vacancies
    cannot be filled by Italian or Community citizens.

2. Both the Regulation and the Directive referred to above are now
    over 20 years years old and need overhauling, particularly with
    the Single Market and the achievement of a "frontier-free
    European area" nearing completion.

3. This overhaul was commenced some time ago at Community level
    with meetings of the Advisory Committee on the Free Movement of
    Workers and the Technical Committee, but has been held up

    because certain Member States are reticent for various reasons.

    Italy's position was, including under the recent Italian
    presidency, and still is, to emphasise the need to pursue this
    overhaul which will also deal appropriately with problems
    related to family reunification (currently dealt with in
    restrictive terms in Article 10 of the Regulation), the
    recognition of qualifications and diplomas, and, more generally
    speaking, the improvement of living and working conditions for
    frontier workers. This latter point is the subject of a
    Commission paper now before the Directors-General for
    Employment and the Technical Committee.

    As regards measures to facilitate family reunification the
    conditions set out in Regulation 1612/1968 and the subsequent
    Law No 127 of 4 April 1977 are applied.

 EMPLOYMENT AND REMUNERATION

 4. There are no restrictions on the freedom of choice and the

    freedom to engage in an occupation; there are many
    prerequisites for the practise of certain specific professions
    (the holding of certificates or vocational qualifications,
    entry in an appropriate register or order, passing
    qualification exams before being able to practise a profession,

    etc.

 5.1. Art. 2099 of the Civil Code stipulates that remuneration must
    be determined by collective bargaining, by agreement between
    the parties involved, or else by the competent court. In

    actual fact, Art. 36 of the Constitution states that a worker

     is entitled to remuneration commensurate with the quantity and

```

```
                  - 138 
    quality of his work and that in any event such remuneration
   must be sufficient to cover his personal and family needs; this
    provision is accepted as preceptive legislation and is directly
    applicable. Any worker considering that his or her
    remuneration is not in line with the parameters set out by this
    article has the right to refer the matter to the competent

    court for the calculation of the fair remuneration to which

    he/she is entitled on the basis of the joint provisions of Art.
    36 of the Constitution and Art. 2099 (2) of the Civil Code.

5.2. The remuneration of workers recruited on the basis of a fixed
    term contract and that of workers employed on a part-time
    basis, are calculated according to the same legal provisions
    mentioned above. For these two categories of worker
    remuneration is obviously in proportion to the quantity of work

    carr ied out.

5.3. There are legal limits to the amounts which can be withheld
    from sums due by private parties as wages, salaries or other
    payments connected with contracts of labour or employment,
    including sums relating to dismissal.

    These limits are set out for the private sector in Art. 545 of
    the Code of Civil Procedure (in the text amended by the decree
    or the provisional head of state No 1548 of 10 December 1947).

    Maintenance payments may be withheld to the extent determined
    by court decision-, for payments owed to the state, provincial
    and municipal authorities and for all other payments this is in

    the amount of one fifth; the total amount which can be withheld

    for a combination of reasons may not exceed one ha I f of the
    total payable for service.

    On the subject of withholding and seizure of wages, salaries
    and pensions of general government and other employees, the
    Consolidated Text approved by Presidential Decree No 180 of 5
    January 1950 applies.

6. Placement is considered a free public service and is

    implemented in accordance with the provisions set out in Law No
    264 of 29 April 1989 and consequent amendments and additions.

    In order to be entered in the registers of persons for
    placement job seekers must have the required legal age for
    employment and must be holders of an employment card or working
    papers, or a certificate in lieu of such documents, as
    established by Law No 112 of 10 January 1935.

    Mediation is prohibited.

 IMPROVEMENT OF LIVING AND WORKING CONDITIONS

7.1. Royal Decree Law No 698 of 15.3.1923, introduced as Law No 473
    of 17.4.1925, setting out the limits of the working hours for
    workers and employees in industry and business activities of
    any kind, and the relevant enabling regulation (Royal Decree No
    1955 of 10.9.1923).

```

```
                   139 
    Royal Decree No 1956 of 10.9.1923 approving the regulation on
    the limits of working hours for workers in agriculture.

    Royal Decree No 1957 of 10.9.1923 approving the schedules of
    industries and activities for which the stipulated 8-hour day
    and 48 hour week may be exceeded.

    Royal Decree No 2657 of 6.12.1923 approving the schedule
    setting out the occupations requiring intermittent work or
    simply attendance.

7.2. Law No 230 of 18.4.1962 and subsequent amendments and additions
    setting out the limits to the use which can be made of fixed    term contracts by enterprises.

    Art. 5 of Law No 863 of 19.12.1984 establishing and regulating
    employment training contracts.

    Art. 3 of Law No 863 of 19.12.1984 governing part-time
    employment contracts.

    Art. 2 of the same law establishing solidarity contracts.

7.3. Inter-union agreement of 20.12.1950 for the industrial sector,
    converted into law by Presidential Decree No 1019 of 14.7.1960
    and setting out the inter-trade union procedures for collective
    redundancies by enterprises.

    Royal Decree No 267 of 16.3.1942 governing bankruptcy
    proceedings.

    Art. 2199 of the Civil Code, final paragraph, which stipulates
    that "bankruptcy of the entrepreneur does not constitute fair
    grounds for ending a contract".

    Law No 223 of 23 July 1991 sets out inter alia new and precise
    provisions governing mobility and collective redundancies.

8. Art. 36(3) of the constitution stipulates that the worker is
    entitled to a weekly period of rest and paid annual leave and
    that this entitlement may not be renounced.

    Art. 2109 of the Civil Code stipulates that an employee is
    entitled to one day of rest per week, usually Sunday. The same
    article (paragraph 2) stipulates that workers are entitled to a
    period of annual leave, if possible continuous, and the
    duration of this period must be set out by law, by the
    collective labour contract or, failing that, by custom or in
    accordance with the rules of fair practice. The duration of
    paid annual leave is generally set out in the specific clauses
    incorporated in the national collective labour agreements (by
    sector). Such agreements stipulate on average a period of paid
    annual leave varying from 4 weeks to 30 days in addition to the
    6 days allowed for national holidays falling mid-week and no
    longer observed. In greater detail, Law No 370 of 22.2.1934
    sets out public law provisions - non-compliance by enterprises
    being punishable - on Sunday and weekly resting (day and length
    of rest and specific rules concerning activities involving
    continuous production cycles or public utilities).

```

```
                   - 140 
    There are no restrictions of any kind on the enjoyment of this

    entitlement to rest which may not be renounced. The
    Constitutional Court, by decision No 66 of 7.5.1933 declared
    that part of Art. 2109 of the Civil Code which states that this

    right is recognised, "after one year of uninterrupted service"

    to be constitutionally illegal.

9. Art. 2222 et seq. of the Civil Code set out the conditions of
    employment, i.e. the obligation of a person "to perform, in
    return for payment, a task or a service consisting essentially

    of his own work and without constraints of subordination in

    relation to the employer". The performance of the work must be

    in accordance with the conditions set out in the relevant

    contracts.

    No "written document" is explicitly required by the Civil Code.

    Articles 2329 and 2330 set out the rules respectively for "the
    practise of intellectual professions" and the "provision of

    intellectual services".

    The Law (in accordance with Art. 2062 of the Civil Code) lists

    the intellectual professions (pursued as an economic activity)
    for the practise of which the persons concerned must be entered
    in the appropriate "professional registers" or "professional

    orders" or "Iists".

    Ascertainment of fulfillment of the requirements in these lists
    or registers, and supervision of those entered therein, are
    devolved to the "professional associations" under the aegis of
    central government.

    Appeal against rejection of application for entry into or being
    struck off from such registers and lists and against any
    disciplinary measures which entail the loss or suspension of
    the right of practise of a profession is legally governed as

    set out in the relevant laws.

    Provision of intellectual services is governed by a contract
    which is itself regulated by the subsequent articles of the
    Civil Code, i.e. Articles 2223, 2232 and 2233, which provide
    for remuneration and performance of the service and all other
    related conditions; in particular, it stipulates that no
    remuneration shall be due if the person providing the
    intellectual services is not duly entered in one of the
    specific lists or registers.

    In this case, too, no written document is explicitly required.

SOCIAL PROTECTION

10. All workers performing a remunerated task on his own account or
    for third parties must be insured irrespective of nationality,
    sex, sector of activity and category.

```

```
                  - 141

   This obligation ensures that they can obtain a sufficient level

   of social security benefits.

   The criteria for organising the social security system is
   predominantly contribution-based. The contributions are paid
   by the employer (19%) and the employee (7%) on the basis of
   pensionable remuneration, but where this system cannot
   guarantee a sufficient level of benefits the state intervenes
    to make up the shortfall to subsistence level.

   Health benefits are available to all resident citizens

    (Servizio Sanitario Nazionale - Italian national health

    service).

    For those excluded from the labour market Italian law provides
    in respect of employees unemployment benefit for a period of 6
    months equivalent to 20% of the average remuneration provided
    that contributions were paid in the three months prior to
    commencement of the period of unemployment.

    Payments in cash and in kind are also provided for persons who
    have no means of subsistence. These payments, being of a
    welfare nature, are the responsibility of the regional

    author i t ies.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

11. Employers and workers alike are at complete liberty to set up
    professional associations or trade unions, in accordance with

    Art. 39 of the Constitution.

    In keeping with this precept, which implements so-called trade
    union pluralism, Art. 14 of Law no 300/1970 (Statute of
    Workers' Rights) gives workers the right to set up trade union
    organizations, to join such organizations and to pursue trade
    union activity within the enterprise.

    The individual employer or employee, pursuant to Art. 39 of the
    Constitution, has the right to Join or not to join professional
    organizations or trade unions. In such cases, Art. 15 of Law
    No 300/1970 nullifies any action taken to discriminate against
    a worker joining or refusing to join such organizations or
    opting out of such organizations.

12.1. There is no set procedure for negotiating and concluding
    collective agreements other than the principle of trade union
    freedom (Art. 39) and the right to strike (Art. 40).

    There is a system of industrial relations based on negotiating
    practice which is now established as regards collective
    bargaining at inter-union level for each sector, locally or
    within the enterprise or group.

    A legal basis for bargaining within the enterprise, but only as
    regards certain topics (audio-visual equipment, remote
    surveillance of workers, safety at work, etc.) is provided by
    Art. 3 and 4 et seq. of the "Statute of Workers' Rights".

```

```
                  - 142 
    In addition, all public employment sectors (Law No 93/1983) are
    covered by mandatory provisions governing this type of work
    relationship, setting out precisely the parties covered by
    contract. and the procedures and timescale for negotiations.

12.2. There are no obstacles to negotiations by employers' or
    employees' organizations, in accordance with the principle of
    trade union freedom provided for by Art. 39 of the
    Constitution, as mentioned above.

13.1. Art. 40 providing for the right of workers to strike is
    accepted in constitutional case law and by the Court of Appeal
    as preceptive legislation even if no enabling provisions exist
    as yet. Case law is predominantly aimed at excluding from the
    legal scope of Art. 40 of the Constitution any anomalous forms
    of agitation and dispute which lead to abnormal and unfair
    action resulting in wilful damage to enterprises (in
    particular, in the context of continuous cycle activities in
    which trade union practice provides for requisitioning).

    Essential public services are covered by Law No 146/1990
    setting out the procedures for announcing and implementing a
    strike, particular as regards the definition in trade union
    agreements of minimum service thresholds in order to make this
    right compatible with other rights which are guaranteed for the
    citizens by the Constitution (life, safety, etc.).

    A Committee of Guarantee was therefore set up (Art. 12) to
    assess the appropriateness of steps taken to ensure that the
    exercise of the right to strike can be reconciled with the
    enjoyment by citizens of their Constitutionally-guaranteed
    r ights.

13.2. Trade union and contractual practice provides for clauses of
    conciI Iiation, mediation and arbitration for the settlement of
    industrial disputes and strikes. As well as being part of the
    general duties of central government authorities, mediation and
    conciliation is devolved by Law No 628/1961 to the Ministry of
    Labour for matters of "specific national relevance" and to the
    regional and provincial labour offices for disputes which fall
    within their respective areas of jurisdiction.

14. Following the entry into force of Law No 146/1990, the right to
    strike is currently the subject of conditions in public sectors
    defined as providing essential services (as set out in the Law
    itself, already described in 13.2 above).

    As regards the police, demilitarized by Law no 121/1981, and
    the armed defence forces, the respective statutes applicable
    provide for the setting up of trade union representative
    organizations, the possibility of joining national trade union
    organizations being given only to the police. This category
    does not have the right to strike (Art. 84 of the above    mentioned law).

```

```
                  - 143 
VOCATIONAL TRAINING

15.1. Framework Law No 845/1978 devolves responsibility for
    vocational training to the regional authorities, for which
    legislation is determined by specific local situations
    resulting from the different degree of development and the
    varying territorial pattern of requirements in terms of
    production and employment.

    In terms of national legislation (Law No 863/1984, Law No
    113/1986) new training arrangements extending access to

    vocational training have been introduced, mainly in order to

    enhance employment prospects.

    The most significant of these provisions is the employment
    training contract (Law No 863/1984).

    In order to cater for the perceived need to boost participation
    in innovatory processes resulting from new technology, Law No
    492/1988 provides for the funding of innovation programmes
    within the training systems organized by the regional

    author it ies.

15.2. As regards access to vocational training, Art. 2 of the 1978
    framework Law excludes any form of discrimination based on
    nationality by making training open also to "... foreign
    citizens, resident in the country for reasons of employment or
    training".

    These provisions were subsequently reiterated and reaffirmed by
    Law No 943. of 30 December 1986 and subsequent amendments and
    additions and in the more recent Law No 39 of 28 February 1990.

    Various regional legal provisions provide for specific
    programming of action to facilitate the integration within the
    employment market of citizens from non-Community countries.

    The new steps taken to boost access to vocational training
    includes notably one bill of law proposed by the government and
    currently before the Chamber of Deputies, concerning the
    provision for non-Community immigrants of development
    programmes and annual vocational training plans to support
    action taken to encourage non-Community citizens to learn the

    vocational skills needed to enter the labour market.

    In addition, in the context of Community action to exploit
    human resources efficiently there are specific steps targetted
    at non-Community immigrants in regions where development is
    lagging behind. These are training programmes co-financed by
    the Ministry of Labour, the regional authorities and by the EEC
    (Horizon programme).

    Lastly, in order to enhance the effectiveness of such action,
    the regional authorities foster and plan refresher training for
    local authority officials who deal with immigration problems.

```

```
                   - 144 
15.3. Continuing or in-service training takes place mainly at
    enterprise level at the instigation of the two sides of
    industry who, usually in the context of collective agreements,
    provide for training action and ventures to enable workers
    employed in enterprises being restructured to cope with the
    threat of unemployment by acquiring vocational skills and
    thereby a greater degree of mobility.

    The continuing or in-service training system is not therefore

    structured in any systematic way. Nevertheless, regional

    public authorities support and foster such action by focusing

    their attention on the most salient local requirements in

    production sectors undergoing reconversion and restructuring.

    in particular, of the legal provisions which could determine
    the implementation of a continuing training system, the most
    significant is Law No 492/1988 designed to finance innovatory
    projects proposed by the regional authorities.

    Public authorities can thus steer and encourage the setting up
    of a continuing training system, which is now theoretically
    recognized as being indisponsible to constantly-changing
    production situations, but which has not yet been
    institutionalized and can rely only on the experiments carried
    out by the two sides of industry on the basis of collective
    agreements, sectoral agreements, etc.

EQUAL TREATMENT FOR MEN AND WOMEN

16.1. This is firmly rooted in the Italian Constitution (Articles 3,
    4, 35, 36, 37 paragraph 1) and is implemented through Law No
    903 of 9 December 1977, which lays down laws on equal treatment
    for women at work. As a result of these more recent legal
    provisions there has been a substantial drop in the number of
    measures to safeguard the employment situation of women and set
    out in previous legislation, for these rules were over-rigid
    and discouraged employment applications from women. The
    present provisions provide for a system of sanctions and Art.
    15 stipulates an ad hoc court procedure for breaches of the
    rule of non-discrimination concerning access to jobs and of the
    prohibition of night working.

    These substantial statutory guarantees have been further
    consolidated by the recent Law No 125 of 10 April 1991 part of
    which spells out in greater detail the definitional criteria
    for discrimination and introduces a new court procedure
    covering legal disputes arising from questions of sex-based

    discr iminat ion.

 16.2. a) There are also legal provisions which provide for

        priorities in the allocation of certain advantages,
        particularly the recent Law No 125, mentioned above.

    b) Institutionally, monitoring and fostering of equality in
        practice is entrusted to specific equal opportunities
        bodies operat ing nat ionally, regional I y and provincial I y.

```

```
                   145 
       Examples are the National Commission on Equality at the
       Presidency of the Council of Ministers, the National
       Committee on Equality at the Ministry of Labour, and the
       regional and provincial committees for equal opportunities
       set up in eleven regions.

   c) At the regional level, collective bargaining has since
       1986 broached the subject of equal opportunities for women
       at work, giving rise to increasingly specific commitments
       by the two sides of industry with a view to setting up
       joint committees to analyze female employment flows as the
       basis for plans to achieve equality and restore the
       balance in the male/female employment ratio, in line with
       the EEC recommendation on positive action and in
       anticipation of Italian legislation on such positive

       act ion.

16.3. Law No 903/1977 gives the working father some of the rights
    concerning leave of absence granted to the working mother as
    defined in Law No 1204 of 1971. The father can therefore, by
    way of alternative to the mother and subject to the latter's
    formal renouncement of her own entitlement, take leave of

    absence from work for a period of six months during the baby's
    first year and for cases of sickness while the baby is under

    three years of age.

    Decision No 1/1987 of the Constitutional Court extended to the

    father the right to the compulsory post-natal absence (in
    accordance with Art. 4 of Law No 1204/1971) and the daily two    hour allowance (Art. 10 of the same law) when the baby cannot
    be cared for by his own mother on account of death or serious

    iIIness.

    Working women who have adopted children or taken children into
    their care are also entitled to the post-natal compulsory
    period of absence, provided the child is under six when he
    enters the family and, by way of alternative to the father, to
    the optional six-month period of absence, as well as other
    periods of absence allowed for sickness of the child while the
    latter is still under three years of age.

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

17. Information, consultation and participation of workers are
    covered, albeit not comprehensively, on the basis of production
    sector and category of workers affected, by certain provisions,
    particularly by collective bargaining and only in firms
    situated on the national territory.

    The draft directives on the information, consultation and

    participation of workers and on the "Statute for a European
    company" are currently being discussed and/or referred to the
    Council's social affairs group, as the Commission already

    knows.

```

```
                  - 146 
18.1. The legal bases for dealing with the subject of information and

    consultation are to be found in the context of collective

    bargaining.

    The salient feature of this new facet of collective bargaining
    is the agreement protocol of 18 December 1984 between the IRI
    (as regards state-financed companies within this group) and the

    trade union confederations of CGIL, CISL and UIL, which after

    the preordained check after the first six-month trial period,
    was replaced by the agreement protocol between the same parties
    of 16 June 1986 drafting the new text on industrial relations
    for enterprises of that group.

    Similar agreements followed, once again in the state-financed
    sector, fulfilling a pilot role in this field of industrial
    relations, such as the agreement protocols between the EFIM and

    CGIL-CISL-UIL of 29 September 1987 and between the GEPI and

    CGIL-CISL-UIL of January 1987.

    Art. 47 of the Community provision of 12/01/91, with immediate
    effect, provides for information and consultation procedures
    covering workers in all productive sectors - but only in the
    event of transfer of enterprises.

    As regards more specifically the "participation" of workers,
    Law No 300/1970 setting out the "Statute of Workers' Rights"
    and providing for trade union representation within the
    enterprise (Articles 19, 20 and 21) enabled workers to

    contribute to the definition of the conditions of work within

    the enterprise by making specific provision for negotiation on
    certain subjects, particularly the rules in Articles 3 and 4
    (audiovisual equipment) and Art. 9 of Law No 300 enabling
    workers to monitor the implementation of the rules on health

    and safety at work.

    Collective bargaining has also extended to other subjects
    (overtime, holiday working, etc.) the principle of negotiation
    to limit the enterprise's "power". Council Directive
    89/391/EEC of 12 June 1989 on the introduction of measures to

    encourage improvements in the safety and health of workers at
    work provides for the setting up at enterprise level of "joint
    technical committees" to improve the working environment. This
    directive must be implemented by the end of 1992.

18.2. Many collective agreements (in the familiar first part which
    sets out the conditions of employment) currently provide for
    joint bodies and consultation procedures (joint committees,

    etc.) and information. Information consultation with the

    enterprise cover: investment, sectoral crises, changes
    following the introduction of new technology, large-scale
    restructuring and any other aspects of industrial management
    which give rise to problems in maintaining the level of
    employment and the resulting concerns as regards the guarantee

    of the income of the workers affected.

```

_These procedures_ _(covered_ _by_ _Laws No_ _1115/68._ _164/75_ _and_
_675/77)_ _are_ _the_ _forms_ _of_ _compulsory_ _consultât_ _Ion_ _laid_ _down_
_exclusively_ _to trigger_ _recourse_ _to the CIG (Cassa_ _Integrazlone_
_Guadagnl_ _- temporary redundancy_ _fund)._

```
                  - 147 
18.3. Law No 223 of 23 July 1991 makes tangible and detailed
    provision for a procedure of information and consultation of
    the two sides of industry on collective redundancies (see
    Article 24, and Articles 4 and 5 ), thus comprehensively
    fulfilling the obligations set by Council Directive 75/129/EEC

    (on collective redundancies).

HEALTH PROTECTION AND SAFETY AT THE WORK PLACE

19.1. It is felt that no reply can be given on the first question as

    the legal systems cannot be compared. However, as regards the
    individual directives in force, none of these offers a more

    favourable set of provisions than those currently provided for
    in Itai ian legislat ion.

19.2. The second question is covered by Law No 300/1970 which allows
    workers the possibility of a say in the implementation of the
    safety measures carried out at the place of work and in the
    context of collective bargaining.

PROTECTION OF CHILDREN AND ADOLESCENTS

20. The legal age for employment is 15 (in accordance with Art. 3
    of Law No 977 of 17/10/1967).

    In the non-industr ial sector children aged 14 and over can be
    employed to perform light tasks as defined in Art. 4 of the
    Presidential Decree quoted above.

    Under the terms of the Law of 19 April 1968 young people aged
    14 and over may be taken on as apprentices "provided they have
    fulfilled their period of compulsory schooling in accordance

    with Art. 8 of Law No 1859 of 31 December 1962".

21. There are no specific provisions on the remuneration of young
    people. The legal rules are those already quoted on the subject
    of remuneration in general.

    Apprenticeships and employment training contracts (Art. 3 of
    Law No 836/1984) are covered generally by the clauses written
    into collective agreements and concerning the so-called
    "start ing salary".

 22. The working hours for young people (i.e. those aged 15 and
    over) and adolescents (15 - 18 years) must not exceed 7 hours
    daily (and 35 weekly) and 8 hours daily (and 40 weekly)
    respect ively.

    Young people and adolescents are not allowed to undertake night
    work (Art. 15 of Law No 977/1967).

    "Night" is defined in Art. 16 of the abovementioned Law.

```

```
                    148 
    Vocational training is covered by the framework Law No

    845/1978.

    The provisions governing the vocational training of young
    people are set out in Art. 25 of Law No 967/1967, in Law No
    25/1955 (Art. 16/17 and 18) on apprenticeship, and Art. 3 of
    Law No 864/1964 on employment training contracts.

23. This topic is covered by the specific provisions mentioned
    above and also by the framework law on vocational training
    which devolves to the regional authorities responsibility for
    training, defines the training subject area, the fields of
    intervention, the training of training instructors, and also by
    Art. 10 (links with the school educational system) which
    entails that for the purposes of methodological and didactic
    innovation, research, and even more so for the purposes of the
    requirements of the future occupational life of young people,
    the regional authorities must introduce measures to facilitate
    cooperation between vocational training schemes and secondary
    and higher educational establishments (regionally-run
    vocational training courses and vocational technical schools).

THE ELDERLY

24. A worker leaving the employment market because he has reached
    retirement age can receive, provided the relevant contributions
    have always been paid in full, over 80% of his average salary
    during the last five years of work.

    If the contributory pension scheme is insufficient to permit a
    decent standard of living the benefit is supplemented by a
    minimum payment which is adjusted to the actual cost of living
    every six months; this year this comes to Lit. 506 050 monthly

    over 13 months.

25. For persons who have reached pensionable age but are not
    entitled to such a pension, a subsistence benefit is provided
    for - the "social pension" - which is paid out, even if no
    contributions have been paid, to those who at 65 have an income
    of under Lit. 5 307 350 for the year 1990.

    Last but not least, social assistance and various facilities

    are provided by the regional authorities (e.g. the schemes for
    the elderly within the regional social welfare programmes),
    including assistance to elderly persons who are not self    sufficient, by the municipal authorities and by the USL (area
    health authorities) as part of free health and welfare services

    to a I I who need them.

DISABLED PERSONS

26. For all categories of disabled persons framework Law No
    845/1978 on vocational training provides for specific
    "integrated training" for these categories of citizens and

    workers.

```

```
                   149 
   The regional authorities responsible for implementing this
   training organize courses designed to achieve full
   rehabilitation of disabled persons so that they can be fully
    integrated on the employment market.

   Law No 486/1968 provides for the "compulsory placement" of

    disabled persons, which means that all public and private
   enterprises and all general government agencies must take on a
    quota of disabled persons. This law is currently being
    improved in order to bring it in line with the present
    situation of this category of citizens, i.e. in order to fully
    integrate them in the world of work and society in general like

    all other citizens and workers.

IMPLEMENTATION OF THE CHARTER

27. The Community Charter of Fundamental Social Rights for Workers
    is still awaiting a more tangible and comprehensive
    implementation, particularly through the plan for
    implementation submitted by the Commission of the European

    Commun i t i es.

    Nearly all the 49 draft directives which go to make up the
    implementation package for the Community charter are still
    being discussed and/or drafted by the Commission itself. These
    drafts concern employment and social infrastructures which are
    relevant to the subject areas mentioned above and which are not
    yet fully harmonized in the twelve Member States.

    Furthermore, the Member States, Italy among them, still have to
    transpose by the end of 1992 directives already adopted, and
    also to deploy resources and resolve to achieve a realistic
    consensus on the draft directives currently being discussed, as
    the objective of the Single Market cannot be attained unless it
    is accompanied by a solid and credible "social dimension".

```

## **`LUXEMBOURG`**

```
                   151 
FREEDOM OF MOVEMENT

Question 1

The right of nationals of a Member State to move to a different
Member State to seek work is subject to no condition other than that
applying to entry into Luxembourg itself.

Quest ion 2

a) There are at present no plans for new initiatives to regulate the
  right of residence of workers exercising their right to freedom of
  movement within the Community.

b) - Private sector: Workers who have exercised their right to
    freedom of movement are treated in the same way as nationals in
    respect of the exercise of an occupation of profession.

  - Public sector: See reply to question 4.

c) Negative answer.

Quest ion 3

a) - There are no measures preventing the reunification of families
    of workers from the Community working in Luxembourg.

  - The State Immigration Service (reporting to the Ministry for
    Family Affairs) assists in family reunification in respect of
    legal, administrative and material problems.

    The Ministry plans to modify the Immigration Service's terms of
    reference by widening its scope and providing it with more
    resources to deal with the implications for families of the
    completion of the Single Market.

b) In all cases where the recognition of diplomas or occupational
  qualifications acquired in another Member State is based on
  international treaties, bilateral agreements between Member States
  or laws or regulations resulting from the transposition of a
  Community instrument into national law, decisions are taken on an
  ad hoc basis, in application of the relevant rules or regulations,
  by the competent authorities.

  Recognition of foreign diplomas awarded at university or higher
  education levels is a practical necessity in Luxembourg owing to
  the fact that Luxembourg has no full-scale university education
  system. The legal bases are the Law of 17 June 1963 on higher
  education qualifications and the amended Law of 18 June 1969 on
  higher education and the recognition of foreign qualifications and

  degrees.

   In all other cases, the Ministry of Education examines individual
  applications and issues certificates of equivalence where
  appropr iate.

```

```
                  - 152 
  This process is quick and unbureaucratic. Where appropriate,
  foreign embassies and/or professional bodies are asked for their
  opinion.

c) In terms of living and working conditions, frontier workers enjoy

  exactly the same rights as workers resident in Luxembourg.

EMPLOYMENT AND REMUNERATION

Quest ion 4

Freedom of choice of, and freedom to engage in, an occupation do not
extend to a certain number of posts requiring direct or indirect
involvement in the exercise of public power and participation in
functions aimed at safeguarding the general interests of central and
local government, more particularly:

- the armed forces, the police and other law and order enforcement
  bod ies;

- the judiciary, the tax service and the diplomatic service;

- posts in ministerial departments, local authorities and other
  similar bodies, the central bank (for staff exercising activities
  prescribed in respect of a central government legal power or a
  legal person under public law, such as the drawing up of legal
  acts, the implementation of such acts, monitoring of such
  application and the supervision of dependent organizations).

The Commission has informed the Luxembourg Government that
proceedings are being brought under Article 169 of the EEC Treaty
(failure to fulfil an obligation) in respect of the free movement of
workers in the following six fields:

- rail transport, urban and extra-urban transport;
- water, gas and electricity distribution services;
  post and telecommunications services-,

- operational services in the public health sector;
  teaching in nursery, primary and secondary schools and in higher
  educat ion;

- public civilian research establishments.

Quest ion 5

a) Generally speaking, the level of remuneration, the essential
  element in a contract of employment, is freely determined by the
  parties to the contract.

  However, there are certain binding rules on pay which apply to
  employers and workers alike.

```

```
                 - 153 
```

**`1.`** _**Definition**_ _**of**_ _**"rémunérât**_ _**ion"**_

```
   The statutes governing the status of (non-government) employees

   contain a general definition of the various terms covering pay,

   wages, salaries and remuneration as used in law.

   The general concept covers all income elements including:

   - cash remuneration

   - other ancillary benefits and the like such as bonuses,

   royalties, discounts, premiums, free housing, etc.

```

**`2.`** _**Minimum wage**_

```
   The statutory minimum ("social") wage scheme is based on the
   Law of 12 March 1973, as amended by the laws of 27 March 1981,

   28 March 1986 and 28 December 1988.

   The law provides for payment of a minimum wage to all persons

   of normal physical and intellectual aptitude, without

   distinction by sex, employed by an employer under a provision

   of services contract.

   The minimum wage finds general application, no derogation being

   provided for in law by reason of the employer's sector or

   branch of economic activity.

   The law provides for the legislature to adapt the minimum wage
    to economic developments. In practice, in order to ensure that
   workers and employees benefit from economic development in the
   country, the minimum wage is increased every two years at
    least, whenever general economic conditions and income trends
   so justify.

   To this end, the Government is required to submit a report
   every two years to Parliament accompanied, where appropriate,
    by a draft instrument for increasing the minimum wage.

```

**`3.`** _**"Escalator"**_ _**scheme for wages and**_ _**salaries**_

```
    The Law of 27 May 1975 gave general effect to the "escalator"
    scheme for wages and salaries which already applied to the
    minimum wage and to remuneration covered by a collective

    agreement.

    The system for the automatic adaptation of wages and salaries
    operates according to mechanisms introduced by the Law of
    28 April 1972, and is triggered by attainment of a threshold
    based on the weighted consumer price index, based in turn on a
    basket of 269 items (Grand-Ducal Regulation of
    24 December 1984). This happens whenever the mean of the index
    calculated over the past six months exceeds 2.5%.

    The Law of 1975 makes it an offence for an employer to pay
    workers at a rate below that determined by the above scheme.

b) The legal provisions mentioned under a) above apply likewise to

  terms of employment other than open-ended full-time contracts.

```

```
                  - 154 
c) Cases in which wages are witheld, seized or transferred are
  covered by a special regulation governed by the concept of
  providing protection for workers for whom the wage or salary is
  very often their only means of subsistence. Thus, the Law of 11
  November 1970 makes wages and salaries immune in part to seizure
  or transfer. This basic legal text was amended and supplemented
  on a number of points by the Law of 23 December 1978. Finally, a
  Grand-Ducal Regulation of 9 January 1979 redefined the procedure
  for the withholding or seizure of wages or salaries, laying down
  the forms and dispute arrangements in respect of assignment or
  transfer of remuneration or pensions.

```

**`1.`** _**Protected elements**_

```
    The special regulation on attachment and assignment of
    remuneration applies to all types of remuneration without
    distinction, provided they arise from a paid activity. The
    employment status (government, non-government, manual worker)
    is irrelevant, nor is any distinction made according to the
    quantum and nature of remuneration, or to the form and nature
    of relations between the worker and his employer.

    The regulation also applies to pensions and unemployment

    benef i t.

```

`2.` _Quantum_ _of the attachable and assignable_ _proportion_

```
    A Grand-Ducal Regulation of 18 January 1988 lays down what
    proportion of each wage or salary may be only partially
    attached or assigned.

    The Law of 11 November 1970 lays down the available percentage
    from each of these wage or salary instalments. It operates the
    principle of the separation of the attachable and assignable
    portions, apart from the fifth instalment, which is declared to
    be attachable and assignable in total.

```

`3.` _Basis_ _of assessment for_ _disposable_ _portions_

```
    For the purposes of determining what amounts are disposable,
    the law provides for tax and social security payments to be

    deducted.

```

`4.` _Special rules in respect of_ _maintenance_ _payments_

```
    In the event of an assignment or attachment arrangement to
    service maintenance payments, the monthly amount due for such
    maintenance payments is taken in whole from unattachable and
    unassignable portions of the remuneration.

    Any outstanding maintenance payments from previous months and
    the attendant costs have to compete with other creditors for
    the attachable and assignable portion.

Quest ion 6

Nationals of a Member State seeking a job in Luxembourg receive the
same assistance as that accorded by placement offices to Job seekers
of Luxembourg nationalitv.

```

```
                  - 155 
IMPROVEMENT OF LIVING AND WORKING CONDITIONS

Quest ion 7

```

`a)` _Working_ _time_

_1 >_ _Normal_ _working_ _time_

```
  Normal hours of work for employed persons are 8 hours a day and 40

  hours a week.

  Compensating derogations:

  In certain cases, the normal working time may be exceeded provided
  it is compensated for at another time by a rest period
  corresponding to the excess hours worked. Hours so worked are not
  subject to extra pay arrangements.

  Without authorization from the Minister of Labour:

  For both staff and manual workers, employers have the right to
  increase the maximum working day to 9 hours on condition that the
  weekly time worked does not exceed the normal 40 hours.

  With authorization from the Minister of Labour:

  - for sectoral or technical reasons, exceptions may be granted
    for a reference period (to be determined by the Minister for
    manual workers, 2 weeks for non-manual workers), provided that
    the average working week does not exceed 40 hours or 10 hours

    per day;

  - for continuous and shift work: maximum reference period of 4

    weeks -,

  - for seasonal and hotel establishments.

  For non-manual workers, maximum reference period of a year; the
  40-hour limit may be exceeded for a number of weeks provided there
  is a compensatory reduction during certain other weeks.

  Overtime arrangements

  - The law allows overtime to be worked, subject to prior
    ministerial authorization, in the following cases:

      to prevent the loss of perishable items or to avoid
      compromising the technical results of work;
      to allow special work to be done (e.g. stocktaking);
      to enable firms to cope with temporary pileups of work;
      in exceptional cases in the public interest and in
      connection with events constituting a national risk.

  - The law also allows for recourse to be had automatically to
    overtime (i.e. without prior authorization) for all types of
    work designed to cope with an accident or imminent risk of
    accident and for urgent work to be carried out on machines and
    work equipment and for work caused by force majeure insofar as
    this is needed to avoid causing a serious hindrance to the
    firm's normal operations.

```

```
                  - 156 
   Firms are required only to inform the Labour Inspectorate.
   Overtime is limited to 2 hours per day unless special

   arrangements are made to the contrary.

```

_2._ _Nlaht_ _work_

```
  There are no general rules and regulations. Special rules apply

  tO:

  - The bakery trade:

     bread and pastries may not be made between 10 pm and 5 am-,
     the working day in bakeries may be from 4 am to 9 pm

     provided the operator has made a written declaration to the

     Labour Inspectorate.

  - Pregnant women and nursing mothers:
    May not work between 10 pm and 6 am.

  - Adolescents:

    Must have a break from work of at least 12 consecutive hours,

    this period to include the time between 8 pm and 6 am.

```

`b)` _Employment contracts_ _other_ _than_ _full-time_ _open-ended_ _contracts_

_1_

_•_ _Fixed-term_ _contracts_

```
  1.1. The law stresses the exceptional nature of fixed-term
      contracts, stipulating that employment contracts must be
     open-ended.

      Only in cases and under conditions provided for in the law
      may contracts of employment be for a fixed period, such
      period to be laid down on signature of the contract or to be
      terminated on completion of the work to which the contract

      relates.

      Thus, the Law of 24 May 1989 on employment contracts lays

      down the legal scope of fixed-term contracts, enabling

      parties to conclude such contracts "for the execution of a

      precise and non-permanent task". The law adds that a fixed
      term contract may not be for a job linked to the firm's

      normal and permanent activity.

      It gives examples of jobs which are to be regarded as
      precise and non-permanent tasks within the meaning of the

      law:

      - replacements

      - work of a seasonal nature

      - work for which it is normal to have recourse to fixed-term

       contracts (e.g. in the audiovisual and building

       industr ies)

      - for the execution of a clearly-defined occasional and
       specific task

      - for urgent work

      - contracts linked to employment policy schemes

```

```
                - 157 
1.2. The law requires employment contracts concluded for a fixed

    duration to define the object of the contract and to

    indicate a number of elements related to the time-limitation

    aspect.

    - Where a contract is concluded for a precise period, the

     date of expiry must be stated.

    - Where the contract does not include a date of expiry, it
     must indicate the minimum period for which it has been

     concluded.

    - Where a contract has been concluded to provide a

     replacement for an absent worker, it must name the person

     whose absence has given rise to the contract.

    The contract must, where appropriate, name the precise trial
    period.

    It may, where appropriate, include a renewal clause.

    In the absence of a clause to the effect that the contract

    has been concluded for a fixed duration, a contract of

    employment is assumed to be open-ended.

    No provision is made in the law for proof to the contrary.

1.3. Duration of fixed-term contracts

1.3.1 Contract per iod

    The law provides for two types of fixed-term contract, viz.
    where the contract period is clearly stated, and where the
    contract is concluded for a precise project or task where
    the date of completion is not known in advance.

    In principle, the law requires contracts to be concluded
    from a fixed date to a fixed date. However, the parties to
    the contract may opt for different arrangements in three

    cases:

    - for the replacement of an absent employee or for an
     employee whose contract has been suspended,

    - for work of a seasonal nature,

    - for jobs for which in certain sectors of activity it is
     normal not to use open-ended contracts because of the
     nature of the activity and the temporary nature of the
     job.

 1.3.2 Maximum contract duration

    The maximum duration of a fixed-term contract may not, for
    one and the same employee, exceed 24 months, including any

    renewals.

```

```
                - 158

    In view of the possibility open to the contract parties to
   provide for a seasonal contract to be renewed from season to
   season, the law states that the 24-month limit does not

   apply to successive contracts of a seasonal nature.

   The law also makes an exception to the 24-month upper

   ceiling for employees exercising activities requiring highly

   specialist knowledge and properly substantiated specialist

    professional experience.

    Exceptions to the ceiling rule are also allowed for Jobs
    assigned to a job seeker under an occupational integration
   or reintegration measure under the law, along with jobs
    designed to encourage the recruitment of certain categories
    of job seeker and jobs occupied with a view to enabling the
    Job holder to benefit from vocational training. These types
    of job must be authorised in advance by the Minister of

    Labour.

1.4. Renewal of fixed-term contracts

    The law provides for fixed-term contracts to be renewed
    twice for a fixed period.

    The principle, and where appropriate, the conditions of

    renewal must be set out in the initial contract or in a

    rider to the contract. In the absence of any such written
    provision, the renewed contract is assumed to be open-ended.
    The law makes no provision for proof to the contrary.

    Employment contracts of a seasonal nature may be renewed for
    the following season, in which case a contract concluded for
    a fixed period of one season is held to constitute a fixed    term contract even if it is renewed for subsequent seasons.

    If there is a renewal clause, the repetition of contractual
    relations for more than two seasons between an employer and
    one and the same employee has the effect of transforming the
    sum total of the seasonal contracts into an overall open    ended relationship. The consequence is that, when the firm
    no longer has need of the worker for the next season, the
    cessation of seasonal relations is deemed to be equivalent
    to a redundancy.

1.5. Succession of contracts

    - In the event of the tacit renewal of a fixed-term

     employment contract which has expired, the law provides
     for the employment relationship to be continued in the
     form of an open-ended contract.

    - In respect of the continuation of contractual relations by
     open-ended contract, the law says that one and the same
     post cannot in principle be filled by a succession of

     fixed-term contracts.

```

```
           - 159 
Where a post has been occupied by a person employed under
a fixed-term contract, the employer may not, once the
contract has expired, employ the same person or another
person at the post in question under a fixed-term contract
or an interim contract before expiry of a period
equivalent to a third of the duration of the previous
contract, including renewals (known as the one-third

rule).

By way of exception to this general principle, the law
provides for the possibility of concluding successive
fixed-term contracts with one and the same employee or
with another employee without application of the
continuity solution.

Exceptions to the principle of the waiting period concern
first and foremost - and regardless of the motive behind

recourse to a fixed-term contract - cases where cessation

of contract is the employee's fault. The same goes for
the anticipated termination of contract by the employee
or linked to a serious misdemeanour on his or her part or
refusal by the employee to renew a contract comprising a

renewal clause.

An uninterrupted succession of fixed-term contracts with
different employees or with one and the same employee is
allowed for jobs of a seasonal nature, for jobs where it
 is not normal to have recourse to open-ended contracts and
for contracts linked to employment policy measures.

The same possibility is available for the execution of
urgent work.

Finally, the law allows for the case of a fresh absence on
the part of a replaced employee, particularly for a health
relapse. Whatever the time which has elapsed since the
end of the first contract, the employer may instate a new
employee under a fixed-term contract if the employee who
was originally replaced has once again gone absent.

The law provides for restricted contracts to be
reclassified as open-ended contracts for violations of
certain legal provisions governing the fixed-term type of

contract.

The types mainly concerned here are contracts which are
renewed under conditions which are not authorised by law

and successive contracts concluded for one and the same

post without complying with the waiting period.

Where a contract is reclassified into an open-ended type,

 the employee retains the seniority he had acquired at the

end or the fixed-term contract.

 In all cases, the law makes it illegal for a trial clause

 to be inserted into the new contract.

```

```
                - 160 
1.6. Tr ial per iod.

    A contract concluded for a fixed period may make provision
    for a trial period in conformity with the provisions
    applying to open-ended contracts (see under 16. Trial
    period). The trial period is taken into account in
    calculating the maximum duration of a fixed-term contract.

    The two parties to the contract may terminate a contract

    which includes a trial period according to the same rules

    which apply to open-ended contracts.

    Where a trial contract is not terminated in accordance with

    the law before expiry of the trial period agreed by the
    parties, the contract is deemed to be concluded for the
    period agreed in the contract from the date of entry into
    service of the employee.

1.7. Termination of fixed-term contracts

    Fixed-term contracts are terminated automatically on expiry.
    Suspension of such contracts has no effect on the expiry
    arrangements, although the law allows for the anticipated

    termination of such contracts for a serious reason

    attributable to other party.

    Anticipated termination of a fixed-term contract by the
    employer gives the employee a right to compensation in a sum
    equivalent to the wages and salaries which would have been
    paid over up to the expiry of the contract, up to a maximum
    amount equivalent to the remuneration for the period of
    notice which the employer should have observed had the
    contract been of the open-ended type.

    Where a contract is terminated prematurely by the employee,

    the employer has a right to compensation corresponding to

    the damage or disadvantage actually incurred, on condition

    though that the level of such compensation may not exceed

    the sum of wages and salaries payable for the period of

    notice which the employee should have observed if the

    contract had been of the open-ended type.

```

`2.` _Trial_ _contract_

```
    A trial clause may be incorporated into both open-ended and

    fixed-term contracts.

    Any contract which does not incorporate a trial clause is
    deemed to be concluded for an indefinite period. Evidence
    to the contrary is not admissible.

2.1. The trial per iod

    - may not be less than two weeks;

```

```
               - 161 
     - must be

         two weeks to a maximum of three months for employees

         whose qualifications are below CATP level;

         two weeks to a maximum of six months for employees with

         the CATP or with equivalent or higher qualifications;
         two weeks to a maximum of 12 months for employees
         earning a monthly salary of F 21 622 or more (base 100

         index-1 inked) -,

     - if of one month or less must be expressed in full weeks,

       with trial periods in excess of one month being expressed

       in fulI months.

  2.2. Termination of trial contract

  2.2.1 Termination

     - May not be terminated unilaterally during the first two

       weeks except for a serious reason.

     - Once two weeks have elapsed, any termination of the
       contract by one or other of the parties must be by
       registered letter or by way of signature on the duplicate

       on the letter of termination.

     - The reason for termination does not have to be indicated.

  2.2.2 Not ice

      The period of notice is expressed in days and calculated by
      reference to the trial period. It must comprise the same
      number of days as the trial period comprises weeks. If the
      trial period is expressed in months, the period of notice
      will be four days per trial month without, however,
      exceeding a period of one month.

      If the trial contract is not terminated before expiry of the
      agreed trial period, the contract will be deemed to have
      been concluded for an indefinite period from the date of
      entry into service.

```

**`c)`** _**Col**_ _**led**_ _**ive redundancy and bankruptcy procedures**_

```
  The law regards collective redundancy as comprising redundancy for
  at least 10 persons for a period of 30 days or of at least 20
  persons for a period of 60 days.

  The employer must conduct prior consulat ions with the staff
  representatives and inform them in writing of the reasons for the
  redundancy arrangements, the number of workers affected, the
  number of workers normally employed and the period over which he

  intends to effect the redundancies.

  A copy of this letter must be sent to the Employment

  Administration, which in turn forwards to the Labour Inspectorate.

  Collective redundancy arrangements notified in advance to the
  Employment Administration do not take effect for individual
  workers until a period of 60 days has elapsed.

```

```
                  - 162 
Quest ion 8

```

**`1.`** _**Ordinary**_ _**leave**_

```
    Employees have a right to leave after 3 months' uninterrupted

    work with the same employer.

    - Duration: 25 working days per year regardless of age.

    - Supplementary leave:

      . disabled workers: 6 days;

      where the weekly rest period is less than 44 hours: 1
      working day for each full period of 8 weeks, whether

      successive or not, for which the weekly rest period is not

      granted.

    Employees may be refused leave where unjustified absences,

    calculated as a proportion of the year which has passed to

    date, exceed 10% of the time which should normally have been

    worked.

    Leave must be taken in a single instalment unless the needs of

    the service or justified reasons on the part of the employee

    apply. In such cases, one leave instalment must comprise at
    least 12 continuous days.

    For the first year at work, the period of leave is 1/12th per

    full month worked, with fractions of a month in excess of 15

    days being counted as a full month. Fractions of leave-days in
    excess of 50% are regarded as full days.

    Where the firm closes for its annual holiday, the collective
    leave period must be fixed by common accord between the
    employer and his employees (or their delegated
    représentât ives).

    Where a contract is terminated in the course of the year, the
    employee has a right to 1/12th of his annual leave for each

    fulI month worked.

    For each day's leave, employees have a right to an allowance

    equivalent to the average daily rate of pay over the three

    months immediately preceding the period of leave. The holiday

    allowance must correspond to the pay the employee would have

    received had he been working normal hours, and must be paid

    over together with the normal wage or salary.

    Employers must keep records of the statutory leave periods of
    employees in their service.

```

`2.` _Weekly_ _rest_ _period_

```
    Employers may not employ any workers, whether manual or non    manual, whether contracted or under an apprenticeship contract,
    on work between midnight on Saturday night and midnight on
    Sunday night.

```

```
                   - 163 
2.1. Exceptions in respect of certain categories of persons

    - Relatives in the ascending or descending line, brothers and

      sisters or in-laws of the employer, where their sole

      occupation is with the firm.

      This derogation concerns one-man firms, but also companies

      where the proprietor is affiliated to the liberal

      professions and self-employed workers sickness insurance

      fund.

    - Travellers and sales representatives, in so far as they

      exercise their activity away from fixed establishments.

    - Employees occupying an executive post and executives whose
      presence in the firm is essential for the smooth running and
      supervision of the firm.

2.2. Exceptions in respect of certain types of work

    - Supervisory work in premises attached to the firm.

    - Cleaning, repair and maintenance work ensuring the smooth
      running of the firm; work other than production which is
      essential so that work can resume on subsequent days.

    - Work needed to prevent any deterioration of raw materials or

      products.

    - Urgent work which has to be done in respect of salvaging,

      preventing imminent accidents or carrying out repairs

      following accidents affecting materials, installations or

      bui Idings.

2.3. Exceptions in respect of firms

    - Retail sales establishments where Sunday closing would be
      such as to compromise the normal functioning of the
      establishment because of the scale of the Sunday turnover
      and the impossibility of making up for the custom over the
      other weekdays. The Minister of Labour may grant temporary
      or permanent derogations to the ban on Sunday working in
      cases which are duly Justified, on condition that the legal
      provisions governing normal working time are upheld.

      Such working time may not exceed four hours, although there
      is a Grand-Ducal Regulation enabling this period to be
      extended up to 8 hours at most for at most six Sundays per

      year.

    - Firms where the only or main driving force is water; the
      exercise of activities to satisfy public needs which arise 7
      days a week or mainly on Sundays; activities which are
      carried on for only part of the year or are carried on more
      intensively in certain seasons; activities exercised for
      reasons of public utility. A Grand-Ducal Regulation lays
      down the conditions and arrangements in respect of such
      derogat ions.

```

```
                  - 164 
     Undertakings which are automatically excluded from the

     general ban on Sunday working:

     . hotels, restaurants, canteens, establishments serving

      drinks or other consumable items-,

     . pharmacies, drug stores and shops selling medical and

      surg i caI appIi ances;

     . fairs and sideshows-,

     . farming and wine-growing undertakings;
     . public entertainment undertakings;
     . suppliers of lighting, water and motive power;
     . transport undertakings;
     . hospitals, clinics, dispensaries, sanatoria, rest homes,

       old people's homes, children's homes, holiday camps,
       orphans' homes and boarding schools-,
      . undertakings in which work, by its nature, must be
       continuous and punctual. A Grand-Ducal Regulation will be
       issued to lay down which undertakings are involved and

       specify the nature of work which is authorized on Sundays;

      . domest ic staff.

     Firms operating continuously on a shift system and which do
     not fall within the category of firms in which work, by its
     nature, must be continuous and punctual, i.e. in most cases
     firms wishing to introduce Sunday working, not so much for
     considerations inherent in the production method, but more
     for economic reasons (e.g. improved production capacity
     utilization, job growth or consolidation). Any such
     exceptions are subject to an agreement which must be
     distinct from the collective agreement and must be concluded
      for a specified firm with all the representative trade union
     organizations at national level.

     Compensatory rest arrangements

      Employers must grant compensatory rest time to employees who
     work on Sundays. Such rest may not necessarily be on a
     Sunday, nor on the same day of the week for all the
     employees in one and the same firm. It must amount to a
      full day if the Sunday work accounted for more than 4 hours,
      and a half-day at least if the Sunday working time was 4
      hours or less. In the latter case, the compensatory rest
      time must be granted before or after 1.00 p.m., and on such
      days working time may not exceed 5 hours.

Quest ion 9

The law provides for a compulsory contract of employment in writing
and in duplicate, one copy to be held by the employer and the other
to be handed to the employee at the time of entry into service at the

latest.

The employment contract must contain the following details:

- the nature of the Job

- the normal working time

```

```
                  - 165

- the basic salary or wage and, where appropriate, any supplements,
  bonuses, profit-sharing arrangements and the like

- the duration of the trial period
- any other terms agreed between the parties.

SOCIAL PROTECTION

Question 10

The social security system in Luxembourg is designed to guarantee
workers an alternative source of income where they are prevented from
pursuing their normal occupational activity by reason of illness,
child birth, old age, invalidity, death or unemployment. The basis
on which social security benefits are calculated is the wage or
salary previously received. The entire working population (employed
or self-employed) is covered by the system-, there are also optional
insurance arrangements covering cessation of work.

In addition to these traditional social security mechanisms, there is
also a guaranteed resources mechanism which ensures that people
receive a guaranteed minimum level of income to guard against

poverty.

The guaranteed minimum income is a State social benefit by which the
monthly income of all inhabitants who are not in a position to live
off their own resources is raised by a supplementary payment to a
given level laid down in law.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

Question 11

Apart from a worker's constitutional rights, the right to form
professional organizations derives from ILO Convention 87 on the
freedom of association and protection of the right to organize,

ratified in 1958.

This convention states that "workers and employers, without
distinction whatsoever, shall have the right to establish and,
subject only to the rules of the organization concerned, to join
organizations of their own choosing without previous authorization".

As regards the rules, "workers' and employers' organizations shall
have the right to draw up their constitutions and rules, to elect
their representatives in full freedom, to organize their
administration and activities and to formulate their programmes".

The convention goes on to state that "organizations shall not be

 liable to be dissolved or suspended by administrative authority" and

 insists that "workers and employers and their respective

organizations shall respect the law of the land".

```

```
                  - 166 
Question 12

```

`1.` _Definition_

```
  The law defines a collective agreement as a contract relating to
  employment relations and general conditions of employment
  concluded between, on the one hand, one or more trade union

  organizations and, on the other, one or more employers'
  organizations, or a particular firm, or* a group of companies with
  a similar production pattern or activity, or a group of companies
  exercising the same activity.

```

`2.` _Drafting arrangements_

```
  The law requires an employer who has been asked to enter into
  negotiations with a view to the conclusion of a collective
  agreement to comply with the request.

  However, it releases the employer from the obligation to negotiate
  where he shows a willingness to negotiate within a group of
  employers or in concert with other employers exercising the same
  activity. Where, in such cases, negotiations have not commenced
  within 60 days of the initial request, the employer may be obliged
  to negotiate separately.

  Where an employer refuses to enter into negotiations, the fact of
  disagreement is notified to the national conciliation board. The
  same happens where, in the course of negotiations, the parties
  fail to agree on all or part of the agreement.

  Finally, the law allows the parties to have their case adjudged by
  one or more arbitrators, either before or after failure has been

  ascertained at the conciliaton stage.

```

`3.` _Form_ _and_ _notification_

```
  The agreement must be in writing and duly signed, otherwise it is

  deemed to be null and void.

  It must be lodged with the Labour Inspectorate and be posted at
  the main entrances to the places of work.

```

`4.` _Date of entry into effect and_ _duration_

```
  The agreement is applicable from the day after it is lodged with
  the Labour Inspectorate.

  Minimum duration: 6 months

  Maximum duration: 3 years

  The agreement may be terminated by notice agreed between the
  parties. The period of notice is three months at most and 15 days

  at least.

```

`5.` _Sanctions_

```
  Failure on the part of the employer or worker to comply with his
  obligations under the agreement is subject to a fine ranging from

  F 2 501 to F 250 000.

```

```
                  - 167 
Question 13

```

**`1.`** _**The right**_ _**to**_ _**strike**_

```
  Workers' right to strike is not stated explicitly either in the

  constitution or in law. It derives from a broad interpretation of

  Judicial origin of the concept of freedom of association
  incorporated in Article 11(5) of the constitution which, in its
  amended 1948 version, states that "the law ... guarantees freedom

  of trade union activity".

  Any strike which is launched before exhausting ail means of

  conciliation as evidenced by a protocol of non-conciliation is

  deemed to be il legal.

```

**`2.`** _**Conciliation**_

```
All collective disputes must be the subject of

national conciliation board, which is called

either :

```

```
a session of the

by the Chairman

```

```
- as a matter of course

- at the request of the parties to the dispute
- at the request of two members of the Joint Committee

* Conciliation agreement

  Settlement of a dispute results from agreement on the part of

  the groups. The secretary draws up a report, which is signed

  by the Chairman and the parties.

  The resulting rules govern the employment relations and

  conditions of work in signatory companies.

  They may also be declared to have general application for all
  employers and employees in the branch of activity concerned.

* Failure of conciliation

  When the Chairman rules that all means of conciliation have

  been exhausted, the Commission draws up a report of non  conciliation bringing out the contentious issues. The law
  states that the conciliation procedure at the national
  conciliation board is mandatory.

  a) It is an offence to :

    . bring about a stoppage or general cessation of work
     without taking the matter first of all to the national
     cone i Iiat ion board;

    . refuse, without legitimate grounds, to enter into the
      conciliation efforts undertaken by the national

      conciIiat ion board;

      hinder the parties' representatives in the accomplishment
      of their mission as part of the conciliation procedure.

```

```
                  - 168 
    b) It is a criminal offence for employers and employees to fail

      to carry out their duties devolving from agreements reached

     with the board.

Question 14

Certain categories of civil servants may make use of the strike
weapon within the limits and subject to the conditions of the Law of
16 April 1979 concerning strike action in the civil service and
public establishments under the direct control of central government.

```

_a)_ _Beneficiaries_

```
  Strike action may be taken by all established officials, trainee

  officials, employees and auxiliary staff with the exception of:

  1. Officials whose functions are based on Article 76 of the

    Constitution (Conseillers de Gouvernement).

  2. Envoys extraordinary and ministers plenipotentiary, diplomatic
    service delegation advisors and other agents in the diplomatic
    service exercising the functions abroad of a permanent or
    temporary chef de mission.

  3. Judges.

  4. Administrative heads and their assistants.

  5. Directors of teaching establishments and their assistants.

  6. Staff of the judicial and prison services.

  7. Members of the armed forces.

  8. Medical and paramedical staff on duty.

  9. Security agents and staff responsible for security in the
    pub Iic services.

```

_b)_ _ConclI(ation_

```
  * Collective disputes between the staff and the employing
    authorities referred to in Article 1 are subject to a
    compulsory conciliation procedure under the auspices of a

    conciliation commission.

  * Apart from the chairman, who must be a member of the judiciary,
    the conciliation commission is made up of five representatives
    of the public authority and five representatives of the trade
    union organization or organizations representing the staff
    involved in the dispute.

  * The chairman is appointed by the Grand Duke for a period of
    three years; the representatives of the public authority are
    appointed by the Prime Minister; the representatives of the
    trade union organizations are appointed by the organizations
    themselves, bearing in mind the following criteria:

```

```
               - 169 
   - where the dispute is a general one, the trade union
     organization or organizations which are most representative
     in national terms of the sectors covered by this law have
     the right to name the five representatives from among their
     members;
   - where the dispute is not of a general nature, but is limited
     to one department or another, or one category of staff or
     another, the trade union organization or organizations which
     are most representative in national terms name three
     representatives, with the other two being appointed by the
     trade union organization or organizations representing the
     staff involved in the dispute.

   A trade union organization within the meaning of this law is
   taken to mean any professional grouping with an internal
   organization whose aim is to defend the professional interests
   and which represent exclusively the staff of central government
   and of public establishments under the direct control of the
   State.

   The most representative trade union organization in national
    terms or for the sector concerned is the one which can show
   evidence of being the most representative in terms of having
    the highest number of members, and in terms of its activities
    and independence.

```

_c)_ _Mediation_

_*****_ **`In the`** **`event`** **`of`** **`non-conciliation,`** **`the`** **`dispute`** **`is`** **`put,`** **`at the`**
```
    request of one of the parties and within a period of forty    eight hours, to the Chairman of the Council of State or to the
    member of the Council of State delegated by the Chairman as
    mediator.

    The mediator then endeavours to mediate between the two
    parties. If he fails in his task, he puts to them, within a
    period of eight days and in the form of a recommendation,
    proposals for regulating the dispute.

```

_d)_ _Notice_ _of_ _strike_ _action_

```
  Where, as a result of failure of the conciliation procedure and,
  where appropriate, of the mediation process, the staff decide to
  take strike action, the concerted cessation of work must be
  preceded by notice in writing. Such notice must be issued by the
  trade union organization or organizations designated in Article 2,
  and must be transmitted to the Prime Minister ten days before the
  planned start of the strike. It must indicate the reasons, place,
  date and time of start and the planned duration of the strike. It
  may not have cumulative effect with any other notice of strike
  act ion.

```

_e)_ _Limitations_

```
 * In the event of the concerted cessation of work on the part of
    staff covered by Article 1, the time of cessation and the time
    of return to work may not be different for different categories
    of staff or for the various members of staff.

```

```
                  - 170

 * Stoppages may not, by staggered strike action or by rotation,
   affect the various sectors or staff categories in one and the

   same service or establishment or the various services or

   establishments in one and the same organization.

 * Concerted stoppages whose aim is not exclusively the defence of
    professional, economic or social interests are prohibited.

 * Stoppages accompanied by acts of violence against persons or
    property or by constraints on the freedom to work are deemed to
    be illegal in respect of the persons committing such acts.

```

_**f)**_ _**Requisition**_ _**arrangements**_

```
 * By reason of a government decision, the ministers may be
    authorized to requisition or have requisitioned all or some of
    the persons designated in Article 1 as being indispensable to
    the provision of essential services to meet national needs.

 * Such requisition orders may be individual or collective and
    must be brought to the attention of those concerned by
    appropriate means such as individual notification, posting,
    publication in the national Gazette or in the press or radio.

```

_**g)**_ _**Sanctions**_

```
 1. Custodial

 * Any member of staff as designated in Article 1 and any union
    representative who does not conform to the rules set out in
    Articles 2, 3, 4 and 5 may be subject to a fine of between 2

    500 and 150 000 francs.

 * The provisions set out in Volume 1 of the Penal Code and in the
    law of 18 June 1879 making the courts responsible for assessing
    attenuating circumstances, as amended by the law of
    16 May 1904, apply.

 * If a second offence is committed within a period of two years,

    the fine set out above may be doubled.

 * The above provisions apply without prejudice to the application
    of any other provisions of the Penal Code.

 2. Financial

 * Absence from work as a consequence of the concerted stoppage of
    work brings with it, for the persons designated in Article 1, a
    loss of remuneration, other than family allowances, of a
    thirtieth of the monthly remuneration per day.

    For the purposes of this provision, parts of a day are deemed

    to count as a fulI day.

  * Despatch to the person concerned of the supporting evidence of
    withheld remuneration counts as notification of the decision,

    the date indicated on the bank statement acting as the first
    day of the period within which appeal may be made to the
    Council of State's disputes committee.

```

```
               - 171 
 3. Disciplinary

 * Without prejudice to the application of penal sanctions and the
    sanctions provided for in Article 8 below, the non-observance
    of the above provisions attracts, in conformity with the normal
    disciplinary procedure, sanctions as provided for in the
    statutes or rules governing the categories of staff concerned.

VOCATIONAL TRAINING

Question 15

a) The conditions of access to vocational training are laid down in
  the Grand-Ducal Regulation of 8 February 1991, determining the
  criteria for advancement in the lower, middle and technical

  education sectors and in the upper cycle of secondary technical

  educat ion.

  They are as fol lows:

  1. Pupils who have successfully completed a class in the 9th level
    of technical education (9/I) under advancement system A are
    eligible to attend all classes in the 10th grade of the middle

    school.

  2. Pupils who have successfully completed

    - a class in the 9th technical grade (9/I) under advancement

      system B,
      a class in the 9th general grade (9/II) under advancement

      systems A and B,
    - a class in the 9th vocational grade (9/III) under

      advancement system A

    are eligible to enrol in a 10th grade class in the middle
    school in conformity with the class advisor's opinion.

    In forming his opinion on children who fall into the above
    category, the advisor takes into account:

      the pupi I's results,
      the knowledge and aptitude required to follow training

      courses in the various divisions and sections of the middle

      school,

      the advice of the school pyschological and guidance

      serv ice.

    The provisions set out in Article 25 of the Law of
    4 September 1990 introducing reforms to the secondary technical
    education system and to the continuing vocational training
    system find their application in the publication of the Grand    Ducal Regulation determining the way in which the guidance
    profile is drawn up and applied.

```

```
                  - 172 
    The following points should be noted:

    - advancement system A governs the school career of pupils

     continuing the same training scheme,

    - advancement system B governs the school career of pupils

     changing training stream,

    - the guidance profile is based essentially on grades
     obtained, weighted in accordance with a system which takes
      into account the pupil's intended school and vocational

     career and indicates, where appropriate, what means of
     support might be available to enable the pupil to pursue his
     or her training scheme.

b) The question does not apply, given that the education system in
  Luxembourg features no element of discrimination on grounds of
  nationality with regard to access to vocational training.

c) The Law of 4 September 1990 introducing reforms to the continuing
  vocational training system offers, with no restriction whatever,
  opportunities for refresher courses, retraining and further
  training. Admission to such courses is free of charge or costs a

  token sum.

  The same goes for adult training courses offering opportunities
  for a "second chance" to obtain certificates and diplomas. This
  type of training is governed by a law passed by Parliament on 4
  June 1991 and offers a wide range of courses in languages and
  general subjects.

  Other intiatives on continuing training have been taken by
  professional organizations and firms themselves and are, generally
  speaking, designed for particular groups.

EQUAL TREATMENT FOR MEN AND WOMEN

Question 16

a) Equal treatment is a principle which has been written into the
  various laws which have been passed over recent years (e.g. equal
  pay, equal access to jobs, equal treatment in respect of training
  and promotion, equal working conditions and equal treatment in
  respect of social security). There is no direct discrimination in
  terms of access to education, training or Jobs.

b) A variety of measures have been taken in respect of education and
  vocational training with a view to encouraging girls to take an
  interest in the new technologies and non-traditional trades, and
  to provide training and support for women returning to work after

  a career break.

c) The Law of 1 August 1988 creating an education allowance provides
  for the following persons to be eligible for such payment:

  - a parent whose main concern is bringing up children at home and
    who does not exercise a professional activity;

```

```
                  - 173 
  - a parent who, while exercising a professional activity, has     together with his or her spouse - a level of income which does

    not exceed a certain threshold which varies with the size of

    the family.

  Discussions are currently in progress with a view to extending the
  education allowance to persons exercising a part-time professional
  act ivity.

  The Law of 24 April 1991 concerning contributory pension schemes
  provides for two rather than one baby year to count as an
  effective insurance period for calculating contributory scheme
  pensions.

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

Question 17

The Laws of 6 May 1974 and 18 May 1979 providing for the information,
consultation and participation of workers or, via joint works
councils, for the representation of workers at company level and
staff delegations apply exclusively to firms situated on the
territory of the Grand Duchy of Luxembourg.

Question 18

```

**`1 .`** _**Staff**_ _**delegates**_

```
    The Law of 18 May 1979 makes the staff delegations generally
    responsible for safeguarding and defending the interests of
    employees in the firm in respect of the following:

    - working conditions
      job secur i ty

    - social status

    The law allows for an exception to be made to this principle
    where this mission is assumed by the joint works committee,

    where such a committee exists.

1.1. Functions of a social and professional nature

    The staff delegation is required to give its opinion and
    formulate proposals on any matter to do with the improvement of
    working conditions and employment conditions and to the social
    situtation of employees.

    In this context, the law requires the staff delegation to give
    its opinion on any new or revised internal rules and
    regulations for the company or a particular operating unit and
    to ensure that the rules are strictly applied.

```

```
                  - 174 
    The staff delegation is also empowered to propose changes to
    the internal rules of procedure; the management or, where
    appropriate, the Joint works committee must take a decision on
    any such proposal within a period of two months, such decision
    being communicated to the staff delegation.

1.2. Functions of an economic nature

1.2.1 Annual information

    In a joint stock company, the law requires the management to

    inform the staff delegates once a year at least of the economic

    and financial situation of the company.

    To this end, the management presents workers' delegates with a
    general report on the firm's activities, turnover, overall
    production and operating results, orders, staff remuneration
    changes and investment activity.

    Where there is a joint works committee, presentation of the

    report must be first of all to the committee and then to the

    staff delegates.

1.2.2 Periodic information

    The law requires heads of companies to give staff delegates
    information in respect of company status and prospects.

    Such details must be made available:

      in companies with a joint committee: every month;
      in companies without a mixed committee: to coincide with

      meetings of the staff delegation and management.

```

`2.` _Joint_ _committees_

```
    The Law of 6 May 1974 introduced joint works committees made up

    Jointly of management and staff representatives.

    The law lays down the functions of the joint committee, making
    a distinction between consultation, decision-making and
    supervisory functions.

2.1. Information and advisory functions

2.1.1 Six-monthly information

    The law requires the head of the company to inform and consult

    the joint committee in writing at least twice a year on

    economic and financial developments in the company.

    To this end, it calls on the person in charge to present a
    general report on the company's activities, turnover, overall
    production and operating results, orders, staff remuneration
    changes and investment activity.

```

```
                   - 175 
    It also requires the management of joint stock companies to

    pass on to the joint committee the company's profit and loss

    account, annual balance sheet, auditors' report, board of

    administration's report and any other document destined for the

    shareholders' general assembley.

    All these documents must be communicated before being presented

    to the general assembley to enable the Joint committee to base

    its opinion on the information contained in them.

2.1.2 Annual information

    The company head must inform and consult the joint committee
    once a year at least on the company's current and future needs
    in terms of manpower and on the ensuing measures, particularly
    training and retraining, which might affect the company staff.

2.1.3 Specific information and consultation

    Generally speaking, the law gives the Joint committee powers to

    state its views on decisions of an economic and financial

    nature which could have major implications for the structure of

    the firm or its manning level.

    The examples given concern decisions on the volume of
    production and sales, production programming and planning,
    investment policy, plans for restricting or extending the
    firm's activities, merger plans, and plans for altering the
    firm's organizational structure.

    The law also states that the Joint committee has advisory

    powers in respect of measures relating to production or

    administrative installations, equipment and manufacturing

    processes and methods.

    It states that the information and consultation function is not

    restricted to a straight description of what decisions are

    pending, but must extend to the implications of such measures

    for the staffing level and structure and for employment and

    working conditions. Where appropriate, it will also relate to

    measures of a social nature either taken or planned by the head

    of the firm to lessen the impact of these measures on

    employment conditions, particularly as regards vocational

    training and retraining.

    •Information and consultation must, in principle, precede the

    decision itself.

    However, the law allows for derogations from this rule where

    prior consultation might have a detrimental effect on the

    management of the firm or compromise a projected operation. In

    such cases, the company head must give the Joint committee all
    necessary information and explanations within 3 days.

```

```
                  - 176 
2.2. Joint decision-making function

    The law gives the Joint committee a power of Joint decision
    making in respect of the introduction or application of

    technical installations designed to keep a check on the

    behaviour and performance of workers at work.

    The same applies to the introduction or modification of

    measures in respect of the health and safety of workers and the

    prevention of occupational diseases.

    The law also bestows Joint decision-making powers on the Joint
    committee in respect of the establishment or modification of
    general criteria regarding recruitment, promotion, transfer and
    redundancy and for the establishment or modification of general
    criteria for assessing workers' performance. The actual
    decisions on recruitment, promotion, transfer and redundancy,
    however, remain the exclusive preserve of the employer.

    Finally, the law gives the joint committee joint decision
    making powers in respect of the granting of bonuses to workers

    for suggestions or proposals which prove particularly useful to

    the firm, although the firm reserves all patent and invention

    r ights.

2.3. Monitoring function

    The Joint committee is responsible for overseeing the firm's
    social services; to this end, it receives a management report
    from the head of the firm at least once a year.

    Deliberations of the joint committee:

    Each decision and each opinion expressed by the joint committee
    is deemed to be adopted if it receives an absolute majority of
    votes from the employer's representatives' group and the staff
    representatives' group.

    - Where there is disagreement between the two groups on the
      adoption of a measure falling within the scope of joint
      decision-making powers, the law gives the first petitioner
      the right to initiate the conciliation procedure and, where
      appropriate, the arbitration procedure under the auspices of

      the national conciliation board.

      in the event of disagreement between the two groups on the
      adoption of an opinion voiced by the Joint committee, the
      law makes it mandatory to communicate each of the two
      opinions to the company's administration board.

    The head of the company or the administration board must give
    full details of what becomes of the opinions expressed by the
    joint committee.

```

```
                  - 177 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE

Question 19

a) In the areas or sectors covered by Community Directives, there

  are, generally speaking, no provisions which are more favourable

  in national terms, with the result that Luxembourg endeavours to

  transpose such directives into national law before the projected

  implementation dates.

b) The Law of 18 May 1979 on the reform of staff delegation
  arrangements says in Article 10, in the chapter entitled "Staff

  delegates' functions", that the staff delegation is required in

  particular to participate in labour protection and its environment

  and in the prevention of occupational accidents and occupational

  diseases.

  Article 11 says that each divisional delegation must nominate from

  its members or from the other workers in the establishment a staff

  safety delegate.

  The Law of 6 May 1974 instituting joint committees in private
  sector companies says in Article 7 that the joint works committee

  has the power of decision-making in respect of the introduction or

  modification of measures concerning the health and safety of

  workers and the prevention of occupational diseases.

PROTECTION OF CHILDREN AND ADOLESCENTS

Quest ion 20

The law prohibits the employment of:

- children under 15 years of age on any kind of work;

- adolescents up to the age of 18 on work which is not appropriate

  to an adolescent's stage of development, which requires a

  disproportionate effort from him or her or which may be a risk to

  his or her physical or mental health.

Quest ion 21

For work of equal value, the law gives adolescents aged 18 years or
more the same remuneration as adult workers aged 20 years occupying a
similar post. It does not, however, allow bonuses based on length of
service to which adults may be entitled.

The following abatements apply:

 - adolescents aged between 17 and 18 years of age: 80%
 - adolescents aged between 16 and 17 years of age: 70%
 - adolescents aged between 15 and 16 years of age: 60%

```

```
                  - 178 
Quest ion 22

```

`1` `.` _Durât Ion_ _of work_

```
    The normal working week for adolescents is 40 hours with effect

    from 1 November 1969.

```

`2.` _Night work_

```
2.1. Pr inciple

    The Law of 28 October 1969 prohibits in principle the
    employment of adolescents during night time, i.e. for a period
    of 12 consecutive hours at least, whereby this period must
    include the period between 8 pm and 5 am.

2.2. Derogat ions

    1. The employment of adolescents is authorized automatically up
      to 10 pm in continuous-operation production processes.

    2. The employment of adolescents may be authorized by the
      labour inspectorate director up to 10 pm where such
      adolescents are covered by an apprenticeship contract and
      are employed in hotels, restaurants, cafés and the like.

    3. Similarly, the employment of an adolescent during night time
      may be authorized by the labour inspectorate director for
      certain paramedical professions.

```

`3.` _VocatIonal_ _training_

```
    The Grand-Ducal Decree of 8 October 1945 defines the terms of

    apprenticeship contracts.

    It determines the functions and forms of action open to the
    employers' professional representation and of the professional
    representation responsible for the apprenticeship arrangements.
    It also determines the conditions under which the right to
    engage or train an apprentice may be refused.

 3.1. Contract validi ty

    The apprenticeship contract or declaration is compulsory and

    must take the form of a private deed, otherwise it is deemed to

    be nul I and void.

 3.2. Employer's duties

    The employer's duties with regard to his apprentice are:

      to pay over apprenticeship allowances as laid down in the

      ministerial decree;

      to provide the apprentice's vocational education and
      tra ining;
      to act with all reasonable and usual care, skill and

      forethought, to supervise the apprentice's behaviour and
      habits, to inform the apprentice's legal guardian where a
      serious misdemeanour is committed;

```

```
                  - 179 
    - to give the apprentice whatever time is needed to pursue
     formal or post-school vocational training courses prescribed
     by the employer's professional representation;

    - not to employ the apprentice on work or services which do
     not fall within the scope of the occupation covered by the

     contract ;

    - not to give the apprentice productive work to do at home.

3.3. Apprentice's duties

    The apprentice owes his employer loyalty, obedience and
    respect. He must help him in his work and give him proof of
    the fact that he is enrolled for and attending courses at the
    vocational training establishment.

3.4. Cessation and termination of contract

    The apprenticeship contract is terminated:

    a) by the apprentice passing the final examination,
    b) if the employer dies or gives up his occupation,
    c) if the employer or the apprentice are given certain types of

      custodial sentences,

    d) by force majeure.

    The apprenticeship contract may be terminated prematurely:

    1. By the employer's professional representation where one or
      the other party is manifestly not complying with the
      apprenticeship conditions or with the provisions of the

      relevant decree;

    2. By one or other of the parties:

      - where there has been a serious violation of the contract

       condi t ions,

      - in the event of a penalty involving the loss of civil
       rights,

      - where one of the parties changes residence in conditions
       such that continuation of the apprenticeship arrangements
       becomes impracticable. However, in such an event the
       contract may not be terminated until the month following
       the change of address.

    3. By the employer :

      a) where the apprentice is guilty of a breach of good

         conduct -,

      b) where, even after a trial period, it becomes obvious
         that the apprentice will never learn the trade

         proper I y ;

      c) on the advice of the doctor where, as a result of an

         accident or illness lasting more than three months, the
         apprentice is no longer capable of exercising his
         chosen occupation;
      d) on the advice of the doctor, where the apprentice is
         suffering from a contagious or repellent disease-,
      e) on the death of the employer's spouse, where the
         apprentice received board and lodging from the late

         spouse.

```

```
                  - 180 
    4. By the apprentice or his legal guardian:

     a) on the advice of the doctor, where the apprenticeship
         cannot be continued without damaging the apprentice's

         health;

     b) on the event of a female apprentice's marriage;
     c) where a female apprentice receives board and lodging

         from the employer: in the event of the death of the

         spouse or of the person running the household.

     An employer who takes on an apprentice whom he knows to have
     been a party to an apprenticeship contract and where the
     contract has not been properly terminated may be liable to
      pay compensation to the former employer.

3.5. Disputes and legal redress

    Disputes between employers and apprentices under this Decree

    are dealt with by a joint committee comprising:

    a) the Director of the Labour Inspectorate, chairing the

      commi ttee;

    b) two representatives of the employer's professional
      représentât ion
    c) two representatives of the professional representation for
      the apprent ice;
    d) a similar number of deputy members.

    Legal redress

    Appeals brought against decisions taken by the joint committee
    may be made to the national conciliation board within 10 days

    of notification of the decision.

    Supervision and examination

    Supervision of the apprenticeship arrangement is a matter for

    the relevant professional institutes.

    Apprentices must take an apprenticeship examination based on

    the rules and programmes drawn up by the relevant professional

    institutes and approved by the government.

Quest ion 23

See reply to question 15.

THE ELDERLY

Quest ions 24 & 25

The retirement system has been improved over recent years to afford
retired persons a decent standard of living. Thus, the Law of 24
April 1991 brought about a substantial increase in old-age pensions
under the contributory scheme.

```

```
                  - 181

Elderly persons who are not entitled to a pension may obtain
sufficient resources under the guaranteed minimum income scheme or
under legislation on emergency accommodation.

The local authorities' social welfare offices and the central social

services are responsible for dealing with the problems of

impoverished old people.

The Ministry for Family Affairs has put forward a national programme

for the elderly, which was adopted by the government on 11 March

1988.

This programme provides for the fair and equitable distribution of
services to the elderly. More than 80% of the country is covered by

the meals-on-wheels scheme, and the Ministries of Family Affairs and

Health are currently organising a scheme for providing home help and

health care throughout the country.

Finally, there are central and local government arrangements in the

form of day centres, old people's homes, sanatoria and special

geriatric units to provide help for all elderly people regardless of

financial resources.

The central or local government social services pay the difference

between expenditure and the person's resources. Persons placed in an

institution are guaranteed a minimum level of resources.

The Advisory Committee for the Elderly has been asked to analyse and
put forward concrete proposals for the implementation of Articles 24

and 25 of the Charter.

DISABLED PERSONS

Question 26

The Law of 28 April 1959 created the Office for the placement and

vocational retraining of disabled workers.

```

**`1.`** _**Definition**_ _**of disabled worker**_

```
    For the purposes of the legislation on the placement and
    vocational retraining of disabled workers, the law defines

    "disabled worker" as follows:

    - persons who have suffered an accident at work

    - war cripples

    - persons with a physical impairment.

```

**`2.`** _**Recognition**_ _**of status as disabled worker**_

```
    A person's status as a "disabled worker" is assessed and

    recognised by the Office for the placement and vocational

    retraining of disabled workers.

```

```
                  - 182 
    When the Employment Administration Service or one of its
    agencies receives an application for recognition as a disabled
    worker, it passes it on to the Office for the placement and
    vocational retraining of disabled workers, which then takes a
    decision after hearing the advice of a committee.

```

`3.` _Compulsory_ _employment_ _of disabled_ _workers_

```
3.1 Establishments concerned

    The following establishments or organizations are required to

    give priority to disabled job seekers:

3.1.1 Pub I ic sector

    - Central government
    - Local government

    - The national railways company

      Public establishments

3.1.2 Pr ivate sector

      Firms normally employing 25 or more workers.

3.2 Percentage of disabled workers

    The law lays down the criteria for reserving jobs for disabled

    workers as fol lows:

    Public-sector undertakings must reserve at least 2% of their

    total jobs for disabled workers.

    Private-sector firms normally employing at least 50 workers
    must reserve at least 2% of their total jobs for disabled

    workers.

    Firms employing at least 25 workers must reserve one priority
    job for a disabled worker.

3.3 Conditions of employment

    Disabled workers are paid in principle according to their
    aptitude and capacity.

    Where a disabled worker is fully able to do the work required
    at the post he occupies, he has a right to the full pay for the
    job in quest ion.

    However, the law makes provision for disabled workers who

    cannot perform to the level of an able-bodied worker to receive

    proportionately less pay.

    In the event of disagreement on the subject of reduced pay, it
    is up to the Office to decide.

    Where such reductions would force a disabled worker's level of

    pay down to below the minimum wage, special rules apply.

```

```
                    183 
    Allowances for which disabled workers might be eligible may not

    be reduced by such remuneration. Similarly, the remuneration

    received by a disabled worker may not be reduced by the amount

    of any allowance for which he or she is eligible.

```

`4.` _Measures for the_ _vocational_ _retraining_ _of the_ _disabled_

```
    Once a person's status as a disabled worker has been

    recognised, the Office gives its advice on career prospects and

    on what measures should be taken to facilitate his or her

    occupational reintegration.

    The State bears the expense of vocational retraining for

    persons with a physical impairment and for war cripples.

    The law makes the accident assurance association responsible
    for the cost of vocational retraining for persons who have

    suffered an accident at work.

IMPLEMENTATION OF THE CHARTER

Quest ion 27

Virtually all the laws implementing the fundamental social rights of
workers at national level are accompanied by administrative and/or
penal sanct ions.

```

**T H E** **N E T H E R L A N D S**

```
                 - 185 
FREEDOM OF MOVEMENT

Question 1

   No.

   As far as Job placement is concerned, the employment authorities

   place no restrictions in the way of such workers. The
   provisions of Article 1 of Order 1612/68 do not yet apply to

   Spaniards and Portuguese.

   Under the law, employment in the Judiciary, the police or the
   armed forces, or in sensitive posts or posts representing the
   Netherlands abroad, is confined to persons of Netherlands
   nationality. This is because such posts either involve
   essential state duties, frequently involving the direct exercise
   of authority over citizens, or are connected with national
   interests, in particular the internal and external security of

   the state. It is admissible to reserve such Jobs for state

   nationals under Article 48(4) of the EEC Treaty.

Quest ion 2

   No, not as far as we are aware.

   There are no restrictions other than those deriving from Article
   48(4) of the EEC Treaty, many of which have now been dropped.

   No.

Quest ion 3

   The Netherlands already has a flexible family reunification

   policy in conformity with Community law. No special measures
   exist to encourage family reunification. There are no
   restrictions on family members as regards employment, but until
   1.1.1992 family members of Portuguese and Spanish workers remain
   subject to the legal residence qualifications.

   Facilities exist for the employment offices to check what
   practical (labour-market) relevance attaches to diplomas, etc.
   issued in other countries (including EC Member States).

   Pursuant to the EC Directive 89/48 (general system for
   recognition of higher-education diplomas), comprehensive
   legislation on the recognition of EC higher-education diplomas
   is currently in preparation.

   Under the Employment Act ("Arbeidsvoorzieningswet"), frontier
   workers who are nationals of a Member State have the same rights

   as Dutch workers.

```

```
                 - 186 
  Under Article 24 of the revised Royal Decree regulating
  Admittance to National Insurance Schemes (Royal Decree 164), a
  resident who is in receipt of a benefit under a foreign social
  security system may, on request and subject to certain
  conditions, be exempted from the obligation to Join the

  Netherlands national insurance scheme.

  This measure was taken in order to avoid persons entitled to

  benefits having to pay double, and therefore disproportionate,

  contributions. The measure applies in particular to former

  front ier workers.

EMPLOYMENT AND REMUNERATION

Quest ion 4

   No.

Quest ion 5

   Employees in the private sector who are aged between 23 and 65
   and who work for at least one third of the normal weekly or
   monthly working hours are entitled to at least the statutory
   minimum wage (adjusted pro rata). The statutory minimum wage is
   regarded as fair remuneration for the work performed and as
   adequate to support a family. The normal number of working
   hours constituting full-time employment is not defined by law
   but is usually laid down in the collective labour agreement
   under which the worker is employed. In cases where no
   collective labour agreement exists, the number of working hours

   must be laid down in the individual work contract. The duration

   of the labour agreement has no effect on this statutory minimum

   wage guarantee.

   Collective labour agreements normally set out the remuneration
   conditions in detail, including those for part-time workers and
   workers on limited-duration contracts. The provisions of a
   collective labour agreement are without prejudice to the
   provisions of the above-mentioned law.

   Under Article 1638g or the Civil Code, total seizure of wages is
   prohibited: the worker must at all times be left with a
   sufficient part of his wage (the "seizure-exempt allowance") to

   enable him to afford the basic necessities of life. The

   employer must continue to pay this portion to the worker,
   irrespective of the seizure. The same applies to transfers,
   pledges or any other procedure whereby the worker grants a third
   party some right to his wage. The employer first withholds and
   deducts the income tax and the social security, pension and
   health insurance contributions. Of the sum remaining, the
   "seizure-exempt allowance" corresponds to 90% of the benefit to
   which the worker would be entitled in his specific situation
   under the National Assistance (Standardisât ion) Decree.

```

```
                 - 187 
   In the case of civil servants, Article 115 et seq. of the
  Central and Local Government Personnel Act stipulates up to what
  percentages specified parts of the remunerations and pensions of
  civil servants may be withheld, seized, cut, transferred,
  pledged or similarly treated. These restrictions do not apply
  to certain special withholding, seizure or reduction procedures,
  such as those to recover maintenance or fines imposed by the
  courts (Article 120 of the Central and Local Government

  Personnel Act).

Quest ion 6

   Employees and employers have access to public placement services
   free of charge (Article 79 of the Employment Act).

   Reimbursement may be claimed only for "additional" costs
   incurred at the express request of the employer or job-seeker.

IMPROVEMENT OF LIVING AND WORKING CONDITIONS

Quest ion 7

   The maximum working time is 8.5 hours per day. Employers have
   various options for extending this but a permit must be obtained

   from the Labour Inspectorate.

   A one-year permit is automatically granted for schemes
   negotiated in collective labour agreements or between employers
   and works councils, provided that the following standards are

   not exceeded:

     maximum hours of work per day: 9.5

     maximum hours of work per four weeks: 190

     maximum hours of work per quarter: 552.2

     minimum daily rest: 11 hours
     minimum rest between two working weeks: 38 hours
     working days, for the purposes of this permit, are Mondays

     to Saturdays
     the limits of daily working hours are between 06.00 and

     19.00, or between 08.00 and 21.00.

   In addition to this permit, there also exists a contingency
   permit for overtime in unexpected, short-term emergencies. The
   maximum day is 11 hours, the maximum week 48 hours and the
   maximum four-week period 180 hours.

   Finally, there is also an ad-hoc permit for situations in which

   the above-mentioned permits are not sufficient. The ad-hoc

   permit is issued for a maximum of one quarter. The maximum
   working day is 11 hours, the maximum week 62 weeks, the maximum
   four-week period 200 hours and the maximum quarter 585 hours.

   It has been government policy for some considerable time to
   improve the legal position of part-time workers where necessary.

```

```
                - 188 
One current issue, for example, is the existence of thresholds
for part-time workers in relation to supplementary pensions.
The pension funds themselves are now deeply involved in
reviewing these thresholds.

On a more general level, it can also be confirmed that in
collective labour agreements and in working practice the legal
position of part-time workers is being brought closer into line
with that of full-time workers. The government has asked the
Socio-Economic Council for an opinion on the so-called "flexible
work relationships", certain forms of which must be regarded as
undesirable from the social point of view, particularly the
mutually-binding contracts which offer virtually no Job security
or income security: contracts with no specified number of
working hours and "min-max contracts" where the minimum is
extremely low. The government has particularly asked the SocioEconomic Council to give an opinion on a statutory provision
providing a basic level of job-income security.

Parliament currently has before it a bill amending the law

governing dismissal. For workers on fixed-term contracts this

will mean that an employment contract which is not terminated or

not terminated on time can no longer - as currently established

in the Civil Code - be repeatedly extended for fixed terms but

must henceforth be regarded as an open-ended contract which is

thus subject to the conditions concerning notice. However, it

will still be possible to extend a contract for a fixed period

provided the parties agree this in writing.

 In 1976, in implementation of EC Directive 75/129/EEC, the
Netherlands promulgated the Collective Redundancies
(Notification) Act. Under this Act, an employer intending to
terminate the employment of 20 or more employees in a particular
employment region within a period of three months must first
notify and consult the competent workers' associations. The Act
specifies the information which the employer must supply. The
Regional Director for Employment then deals with the employer's
redundancy proposal one month after notification, provided the
unions have been consulted. The one-month waiting period does
not apply in bankruptcy cases. The Act is supplemented by the
1971 Works Councils Act, under which the employer is obliged to
 inform and consult the works council about, for example, the
termination of the activities of the undertaking or of a part of
the undertaking.

The traditional rules governing dismissal, as laid down in the
Civil Code and the 1945 Labour Relations (Special Powers)
Decree, are somewhat modified if the employer is declared
bankrupt. The receiver or an employee wishing to terminate the
employment contract does not then require the approval of the
Regional Director. Nor does the special interdiction on
dismissal under Article 1639h of the Civil Code apply.
Declaration of the employer's bankruptcy also affects the period
of notice required (Article 40 of the Bankruptcy Act).

```

```
                 - 189 
Quest ion 8

  The minimum paid-leave entitlements of every worker in the

   Netherlands are set out in Articles 1638bb to 1638mm of the

   Civil Code. The main rule is that workers on a five-day working
   week are entitled to a minimum of 20 days' paid leave per year
   (Art. 1638bb). Those working only part of a year are entitled
   to at least this minimum, adjusted pro rata.

   The minimum is established in the law of 9 June 1988 (published

   in the Staatsblad 1988, 281), which entered into force on 1

   August 1988. It is based on developments in practice and on the
   EC Council Recommendation of mid-1975 providing for four weeks'
   basic paid leave. Under collective labour agreements,
   regulations or individual work contracts the minimum entitlement
   can be adjusted upwards. In 1990, the average paid-leave
   entitlement in collective labour agreements was 24 eight-hour

   days.

   Civil servants' entitlements to annual leave and weekly rest
   periods are laid down by law. The minimum annua I-leave
   entitlement is 23 days, and the weekly rest entitlement over
   each 7-day period is at least two days - these two days should,
   in principle, be consecutive.

Quest ion 9

   Articles 1637 to 1639 of the Civil Code lay down requirements
   concerning, among other things, remuneration, paid leave and
   dismissal. These are generally minimum requirements, which can
   be adjusted upwards in collective labour agreements or
   individual work contracts. A collective labour agreement must
   always be in writing, whereas in an individual contract of
   employment even a verbal agreement is binding.

   Working conditions of civil servants are governed by regulations

   based on the 1929 Central and Local Government Personnel Act

   (CLGP Act). The drafting of such regulations is preceded by
   consultations with the organizations and government personnel.
   Civil servants are appointed in writing, in accordance with the

   law.

SOCIAL PROTECTION

Quest ion 10

   Salaried employees in the Netherlands are insured both under the
   social insurance laws for employees (Sickness Benefits Act-,
   Occupational Disability Insurance Act; Unemployment Act and the
   Health Insurance Act up to a specific wage ceiling), and under
   the national insurance laws (General 0 Id-Age Pensions Act;
   General Widows' and Orphans' Benefits Act; General Child Benefit
   Act; the General Exceptional Medical Expenses Act and the
   General Occupational Disability Act). The amount of benefit

```

```
                  - 190

  payable under the social insurance laws for employees is

  generally related to the most recent wage earned, while the

  benefit payable under the national insurance laws is a statutory

  fixed amount, a "flat-rate" benefit related to the statutory

  minimum wage.

   If for any reason the benefit payable under the Sickness
  Benefits Act, the Unemployment Act, the General Occupational
  Disability Act and the Occupational Disability Insurance Act is
  not at least equivalent to the minimum income, the beneficiary
  may, subject to certain conditions, be eligible for a
  supplementary allowance under the Supplementary Allowances Act.

  The amount of the supplementary allowance varies depending on

   the beneficiary's family situation, ranging from the difference
   between 70% of the minimum wage and the income to the difference

   between the full minimum wage and the income.

   Civil servants are covered by the Public Servants'
   Superannuation Fund Act, which provides protection against the
   financial consequences of old age, invalidity and death
   (survivor's pension). These benefits are over and above the
   statutory minimum levels under the general national insurance
   schemes. As regards unemployment insurance, civil servants have
   a separate statutory scheme which compares favourably with the
   scheme for the private sector.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

Quest ion 11

   There are no obstacles to prevent employers and workers in the
   Netherlands from forming professional organizations or trade
   unions. Freedom of (professional) association is guaranteed
   under Article 8 of the Constitution. In addition, the

   Netherlands has ratified ILO Conventions 87 concerning Freedom
   of Association and 151 concerning Protection of the Right to
   Organize and Procedures for Examining Conditions of Employment
   in the Public Service. The guarantees under ILO Convention 151
   are enshrined in the 1929 CLGP Act and the 1937 Military

   Personnel Act and the decrees based on these two laws.

   Every employer or worker has the right to join or not to join a
   professional organization or trade union without suffering any
   disadvantage.

   Freedom of association for civil servants is enshrined in

   Article 125a of the 1929 CLGP Act.

Question 12

   There is no statutory obligation for collective bargaining or

   any similar procedure in the Netherlands. Collective bargaining

   is governed by the principle of freedom of contract. In
   principle, any union organization or employer/employers'

```

```
                 - 191 
  organization with full legal rights and an explicit right to
  conclude collective labour agreements is free to decide whether
  and with whom it wishes to conclude such an agreement. The
  contracting parties are also free to determine the content of
  the col Iective agreement at their own discretion. The parties
  must formally sign the collective agreement.

  The 1927 Collective Agreements Act and the 1937 Collective
  Agreements (Binding or Non-binding Provisions) Act define what
  is meant by a collective labour agreement and the legal
  consequences of such an agreement. Making provisions in
  collective agreements universally binding has the effect of
  aligning the terms of employment within a particular sector,
  thus offering protection against undercutting by outsiders.
  Universally binding provisions are an important cornerstone of
  and stimulant to collective bargaining.

   In 1985 the National Insurance Funded and Subsidised Sector

  (Terms of Employment) Act came into force. This Act empowers
  the government to set minimum and maximum remuneration figures
  each year for this sector, and the contracting parties to
  collective agreements can then use these as the basis for
  concrete negotiations.

   In the civil service, terms of employment are negotiated with
   the Civil Service Unions. Technically, the government
   implements such terms unilaterally, taking account of decisions
  by Parliament and the Council of Ministers.

Question 13

  The Netherlands has no statutory provisions in this field.

   From the jurisprudence (on the basis of Article 1401 of the
   Civil Code, concerning unlawful acts) it is clear that, among
   other things:

   * Article 6(4) of the European Social Charter has direct

     effect ;

   * strikes organized by trade unions in protest against working
     conditions are illegal only if:

        important procedural rules are ignored, or
        (having regard to the restrictions imposed by Article 31
        of the European Social Charter) it is concluded, when
        all the circumstances of the case have been weighed up,
        that the unions had no reasonable justification for
        cal Iing the str ike.

   The Netherlands has no legislation in this field, at least as
   far as the private sector is concerned, although collective
   labour agreements contain provisions on the subject.

   At the end of 1986 the Joint Industrial Labour Council

   introduced a system whereby the parties to a conflict may
   jointly request mediation or arbitration by one or more persons
   to be chosen by them from a list of mediators (the list
   currently contains 12 names).

```

```
                 - 192 
  For labour disputes in the civil service there is an Advisory
  and Arbitration Committee, whose task it is to advise or produce
  a binding Judgement in disputes brought before it (Chapter XI of
  the General Civil Service Regulations).

Question 14

   There is currently no Dutch legislation concerning the right of
   civil servants to strike. As regards international legislation,
   the Netherlands excludes civil servants from the scope of
   Article 6(4) of the European Social Charter, thus theoretically
   denying civil servants the right to collective action    including strike action. In national practice, however, the
   right is recognised, both in case law and de facto. In case
   law, the prerequisites established for strike action are the
   same as those applying to the private sector.

   Advisory and arbitration committees have been set up to deal
   with questions concerning working conditions in the various
   sectors of national and local government.

VOCATIONAL TRAINING

Question 15

   Distinctions need to made here between:

   a) Standard, initial training.

     This is paid for entirely by the Ministry of Education and
     Science. In principle, vocational training at lower and
     intermediate levels is eligible for open-ended financing.
     Such training is open to any applicant who fulfils the
     admission criteria. These criteria are based primarily on
     the applicant's prior education.

     Nationality is not a criterion.

     Institutes for higher vocational education and university
     education have their own education budgets. Within these
     budgets, the institutes have a degree of autonomy in their
     admission procedures, although here too the main criterion
      is prior education. In principle, students are entitled to
     receive six years' higher or university education at the
     government's expense. After that they must contribute some
     of the costs themselves. Grant entitlement is age-related.

   b) Adult education.

     The Ministry of Education and Science operates an adult     education system, giving people a second chance to obtain
     qualifications. Increasingly, authority for planning of and
     admission to adult education courses is being delegated to

```

```
                 - 193 
     the municipalities concerned, on the grounds that they know
     best what the adult-education priorities are for their
     region, in terms both of target groups and programme

     content.

     Ethnic groups have priority for certain forms of adult

     educat ion.

  c) Training for job-seekers.

     The employment offices are run regionally by a tripartite
     committee comprising employers, employees and government
     representatives. Training is seen not as an end in itself
     but as a means of ensuring rapid and permanent Job
     placement. The employment office determines whether
     registered Job-seekers are suitable candidates for such
     training.

  d) Training for workers.

     In principle, training for workers is the employer's
     responsibility. However, workers too have a say in the
     matter, since many sectors have training funds which are
     administered on a bipartite basis. Training arrangements
     are also dealt with in collective labour agreements.

     The employers decide, either independently or in
     collaboration with the workers' organizations, which workers
     should receive free training. The government has recently
     released an extra budget to give the most poorly educated

     workers sufficient further education to obtain an initial

     vocational qualification.

EQUAL TREATMENT FOR MEN AND WOMEN

Question 16

  Article 1637 i J of the Civil Code and the Equal Opportunities Act

  prohibit differential treatment for men and women at work. A

  Bill on equal pension treatment is currently before the Upper

  House of Parliament.

  An Equal Opportunities Commission has been set up to ensure
   compliance with the regulations. There is also scope for joint
   legal action by a number of workers. In addition, surveys to
   check compliance with the legislation are conducted at regular

   intervals.

   In addition to the abovementioned measures to ensure compliance
   with the legislation, the government has an active policy of
   improving the position of women in work organizations. A scheme
   exists to encourage the creation of positive action programmes
   for women, through the provision of subsidies for the
   development and/or implementation of such programmes.

```

```
                 - 194 
  Other instruments in the government's policy include information

  and identification of suitable models to be imitated.

  The Parental Leave Act came into force on 1 January 1991. It
  contains statutory minimum requirements entitling workers with
  at least one year's service to take unpaid part-time leave - to
  be taken over an unbroken 6-month period - for children aged
  under 4. Collective labour agreements can incorporate different
  arrangements from the statutory scheme, provided the leave
  entitlement negotiated is at least that laid down in the

  statutory scheme.

  Child-care plays an important part in enabling parents to
  reconcile occupational and family commitments. Over a four-year
  period, the Child-Care Subsidy Scheme will provide funds for
  more child-care places for children aged between 0 and 12.

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

Quest ion 17

   The answer to the following question (Question 18) applies in
   principle to all Dutch undertakings, including those belonging
   to a concern or group with subsidiaries outside the Netherlands

   (Arts 31 and 31a of the Works Councils Act).

  As regards the right to consultation, however, attention is

   drawn to the final sentence of Article 25(1) of this Act,

   imposing restrictions for cross-frontier situations (the foreign

   country clause).

Question 18

   This question is covered by the Works Councils Act, and quite a
   number of collective labour agreements also contain provisions

   in th is f ield.

   The Works Councils Act contains the following provisions.

   Every undertaking in the Netherlands employing 35 or more

   workers must have a works council. The works council consists

   of workers' representatives, who consult with management on
   company policy in general and matters of relevance to the
   personnel in particular.

   The works council has a number of rights which enable it to
   influence the employer's policies: the right to information, the
   right to consultation and the right to grant or withhold

   approval .

   The employer must, without being asked, give the works council
   certain information specified in the Act, such as the annual
   accounts, the annual social report, plans for future policy,
   etc. He must also provide any other information requested by
   the works council which the latter can reasonably be said to
   need in order to perform its functions. Articles 31, 31a and
   31b of the Act are particularly relevant.

```

```
               - 195 
The employer must consult the works council in good time
whenever he wishes to take important financial or organizational
decisions, for example on the question of merging with another
undertaking, on shutting down (part of) his own undertaking or
on major investment proposals (Article 25 of the Act).

If the works council is not happy with the employer's plans, the
employer must defer the decision for one month, during which

time the works council can submit the case to the Commercial

Chamber of the Court of Appeal in Amsterdam. The Commercial
Chamber judges whether the employer's proposal is reasonable,
and can oblige the employer to withdraw it or reverse the

consequences.

When an employer wishes to establish or amend certain rules
concerning the company's social policy and is not bound by a
collective labour agreement or, in the context of the Working
Conditions Act, by an order or requirement of the Labour
Inspectorate, he must first seek the approval of the works
council. The rules in question include those concerning working
hours, leave, conditions of work, staff training, and the
appointment, promotion or dismissal of workers (Article 27 of

the Works Councils Act). If the works council withholds

approval, the employer can ask the industrial tribunal to
arbitrate. If arbitration fails to produce the desired result
the employer can ask the cantonal judge for permission to
proceed with his proposal. The latter will only give permission
if the works council's decision to withhold approval is
unreasonable or if the employer's proposal is dictated by
compelling organizational, economic or social reasons. The
employer may not introduce the new rules without the approval of
the works council or the permission of the cantonal judge.

There are no specific provisions concerning frontier workers in
the Works Councils Act, although the Act offers points of
departure for discussion of such a specific policy (e.g. Article
25(1) f and g ) .

Chapter XI A of the General Civil Service Regulations provides
for employee participation via consultative committees. These
committees, chosen by civil servants, can advise on the way in
which working conditions and service conditions are applied
within the particular branch of service, on personnel policy, on
the organization of the branch of service, and on other such

matters.

Consultation must take place between the committees and
management prior to the issuing of opinions (Article 127d of the
General Civil Service Regulations).

```

```
               - 196 
HEALTH PROTECTION AND SAFETY AT THE WORKPLACE

Quest ion 19

  The Working Conditions Act is the most important instrument of

   legislation which the Netherlands has in this field. The

   differences with the Community directives are merely differences

  of emphasis.

   The directives based on the framework directive concerning
   safety and health at work (Article 118A) go further than the
   Working Conditions Act in certain respects. The framework
   directive itself brings an obligation to adapt the legislation
   concerning the organization of safety and health protection for

   a I I workers.

   The imposition of uniform requirements for the design and
   manufacture of machinery and personal protective equipment

   (Article 100A directives) could see the Netherlands faced with

   requirements which it has never in the past been required to

   meet. However, the consequences should be offset to a large
   extent by the EC's policy on normalization and certification.
   The burden of. implementation will thus fall primarily on
   industry. The necessary legal basis will be provided by the
   amended Dangerous Machinery Amendment Bill, which is currently

   before Par I iament.

   1. Under the Working Conditions Act, responsibility for safety,
     health and welfare at work lies jointly with the employers
     and the workers. This requires collaboration and
     consultation. Consultation takes place at various levels.

     At shop-floor level there is job consultation with workers
     (Article 16 of the Act). This gives the individual worker
     the chance to play an active role in improving working

     cond i t ions.

     At the level of the undertaking there is a general
     obligation on workers and employers to collaborate (Article
      13). Consultation is therefore essential and takes place
     primarily via the works council, a body accorded a central
     role in the Act (Article 14). Complementing the Works
     Councils Act (of which more at point 2 ), the Working
     Conditions Act extends and gives further details of the
     rights of the works council. These include the right to
     information and the right to accompany labour inspectors
     during their visits. The Act also accords rights to the
     works council (or, in the absence of a works council, to the

     workers concerned) in connection with the preparation,
     drafting and notification of Labour Inspectorate decisions.

     One important area in which provision for worker
     participation exists is in the preparation of decisions.
     The works council has the right to be heard before the
     district head of the Labour Inspectorate or the Director     General of Labour issues a decision concerning, for example:

```

```
           - 197 
a. the work safety report, Article 5(2);
b. an instruction to an undertaking or establishment to set
   up a works committee, Article 15(3);
c. an instruction to an undertaking or establishment
   concerning the obligation to provide an occupational
   medical service, Article 8(2);

d. an instruction to an undertaking or establishment
   concerning the obligation to provide an occupational
   safety service, Art. 19(2);

e. an instruction from the Labour Inspectorate to comply
   with the Working Conditions Act, Art. 35(1);

f. a dispensation, Art. 41(8).

The works council also has the right to request the Labour
Inspectorate to apply the Act (Article 4 0 ), and in
particular Articles 35 (imposition of a requirement), 36
(issuing of an instruction), 37 (ordering work to be
stopped), 5, second paragraph (obligation on an undertaking
or establishment to produce a work safety report), 18,
second paragraph (obligation on an undertaking or
establishment to provide an occupational medical service),
and 19, second paragraph (obligation on an undertaking or
establishment to provide an occupational safety service).

Finally, at national level consultations between the
government and employers' and workers' organizations take
place within the government's advisory body on working
conditions, the Council for Monitoring Compliance with the
Working Conditions Act.

Works council (and thus worker) participation in decisions

concerning working conditions is also guaranteed under
Article 27(1)(e) of the Works Councils Act, which gives the

works council the right to withhold approval for any scheme

proposed by the employer concerning safety, health and

welfare at work.

Although not strictly "participation", the works council is
also entitled, under Article 31(1) of the Works Councils

Act, to receive information from the employer insofar as it
can reasonably be said to need the information in order to
perform its functions. This must be taken to include
 information referred to in Article 14(1)(a)(1) of the

Working Conditions Act. On the basis of this provision, the
works council has the right to information from the
specialist and welfare services. This provides the formal
basis for specialist support for the works council from the
specialist serv ices.

As regards civil servants, within the framework of the

Working Conditions Act the consultative committees are

 regarded as the negotiators with management on questions of
 safety, health and welfare (Articles 2-5 of the Decision on
Working Conditions for the Civil Service).

```

```
                 - 198 
PROTECTION OF CHILDREN AND ADOLESCENTS

Quest ion 20

  The minimum employment age for young people, and the exceptions

   thereto, is covered in the 1919 Factories Act (Staatsblad 624),

   the Stevedores Act (Staatsblad 1914, 486) and the 1933 Outwork

   Act (Staatsblad 597).

   The first paragraph of Article 9 of the 1919 Factories Act
   states that no child may work, Article 8 defining a child as.
   1. a person whose compulsory education pursuant to paragraph 2
     of the 1969 Compulsory Education Act (Staatsblad 1968, 303)

     has not yet started or not yet ended;

     the Compulsory Education Act states that compulsory
     education begins on the first school day of the month
     following the child's fifth birthday and ends at the end of
     the school year in which the child completes at least 12
     school years or at the end of the school year in which the
     child reaches the age of 16;

   2. a person exempted from the requirement of paragraph 2 of the

     1969 Act on the basis of Article 5 or 15 of the same Act;

   3. a person aged under 16 years residing outside the

     Nether lands.

   The second paragraph of Article 9 lists certain exceptions
   relating to the performance of specific types of light work for
   a very limited number of hours per day. In addition, a written
   dispensation may be granted in a very small number of cases by
   the district head of the Labour Inspectorate.

   The first paragraph of Article 4 of the Stevedores Act states,
   among other things, that no stevedoring work may be performed by
   persons aged under 18, except as otherwise specified by decree.

   No such decree has ever been issued.

   The provisions of the 1919 Factories Act concerning the
   employment of children apply mutatis mutandis to outwork.

   For the civil service, there are no special provisions governing
   the minimum employment age.

   As soon as a child enters the labour market in order to perform
   authorised work as described above, he/she is termed a "young
   person", and the relevant provisions covering this situation
   apply unt iI age 18.

Quest ion 21

   Under the Minimum Wage and Minimum Holiday Allowance Act,
   workers aged under 23 are entitled to the minimum young persons'
   wage, this being a specific percentage of the minimum adult
   wage. The percentage is fixed by decree and is graduated by

   age.

```

```
                 - 199 
  Salary scales in the civil service are based on the nature and
   level of the post (job rating), but in general young persons on
  scales 1-5 are paid the lowest "adult" wage (i.e. wage at age
   22), with a reduction of 10% for each year younger than this age
  up to a maximum of 50%.

Quest ion 22

  The 1919 Factories Act sets the maximum working hours of young
   people at 8 hours per day for 5 days per week, with an unbroken
   daily rest period of at least 12 hours. It also states that a

   young person may not work between the hours of 19.00 and 07.00.

   The second paragraph of Article 9h of the Act lays down an
   exception to the ban on work between 19.00 and 07.00, allowing
   young persons to be employed between 06.00 and 07.00 in the
   delivery of newspapers to subscribers.

   Exemptions from the ban on work between 19.00 and 07.00 may be
   established by decree for work in nursing establishments and
   similar institutions. However, under the terms of such decrees

   no work may be performed after 23.00.

   The Decree on hours of work and rest periods for young people
   allows the district head of the Labour Inspectorate to grant
   dispensations from the ban on night work by young people. It
   has been agreed, in consultation between employers', workers'
   and young people's organizations, that such dispensations shall
   be granted only for training-related night work in the hotel and
   catering sector (provided that the employer can show that this
   is necessary) and for young artistes. In both cases, of course,
   the obligations entered into with the !L0 apply.

THE ELDERLY

Quest ion 24

   In principle, every person who has been insured under the
   General Old-Age Pensions Act is entitled to a pension on
   reaching the age of 65. The amount of pension depends on the
   number of years' coverage amassed, i.e. the number of years that
   the person concerned has lived or worked in the Netherlands.

   A person having been in paid employment in the Netherlands and
   having been affiliated to a company pension scheme may be
   entitled, in addition to the statutory state pension, to a
   supplementary pension, the amount of which is generally based on
   the most recent earnings and the duration of employment.

```

```
                   200 
Quest ion 25

   Every resident with insufficient resources to afford the basic

   necessities of life is entitled to a cash allowance under the

   National Assistance Act. The amount is based on the claimant's

   individual circumstances and family size and is related to the

   statutory minimum wage.

DISABLED PERSONS

Quest ion 26

   In the Netherlands, all disabled persons, regardless of the

   origin and nature of their disability, are entitled to concrete

   supplementary measures to facilitate their social and

   occupational integration, insofar as these can be considered

   beyond their means.

   Under the Disabled Workers Employment Act, responsibility for

   facilitating the reintegration of disabled persons into the

   world of work lies with the Joint Medical Service (for the

   private sector) and the Public Servants Superannuation Fund (for

   the public sector). The means at their disposal include:

     authority to set up job placement activities on the basis of

     the Disabled Workers Employment Act.

     subsidies for training and wage costs. Unlike in the past,

     it is no longer necessary for another body to be involved,

     the possibi Iity of providing facilities on the basis of the

     General Occupational Disabilities Act (for the private

     sector) and the Public Servants Superannuation Act (for the

     pub Iic sector).

     This includes the costs of specially adapted transport to

     and from work, of workplace modifications, and of special

     aids necessary for the performance of the work. Within the

     framework of the Disabled Workers Employment Act, facilities

     for use by more than one disabled person can be (part)

     financed on the basis of the General Occupational

     Disabilities Act or the Public Servants Superannuation Act.

     Decision-making with regard to such funding lies with the

      industrial insurance boards in the private sector (under the

     General Occupational Disabilities Act) and with the Public

     Servants Superannuation Fund in the public sector (under the

     Public Servants Superannuation Act).

   Integration into social life is facilitated by the following

   concrete measures:

     The provision of facilities to individual disabled persons
      in order to improve their living conditions. These
     facilities are provided via the same procedure as the

     facilities outlined above in connection with work, but can

     be provided independently of the above. The most important

     one is the allowance for adaptation of a vehicle. Apart

     from this, wheelchairs and communication aids can be

     provided, as well as special home help over and above the
```

`standard home help.` `ADDIieants` `muct` `h«` `ano^` _,,n^^-_ `ec`

```
                 - 201 
     Persons aged over 65 can claim under the National Assistance
     Act for essential facilities. A means test is applied. The
     government is planning to introduce new rules for the
     provision of facilities to the disabled, scrapping the

     current distinction between under-65s and over-65s and

     obliging every recipient to pay a proportion of the costs.
     As regards suitably adapted accommodation, claims for

     assistance under the Financial Aid Scheme for Accommodation

     for the Disabled can be made via the municipality. The
     scheme covers, for example, the costs of removing and
     replacing ergonomicalI y unsuitable design features or of re     locating a disabled person to suitable accommodation.
     The building legislation stipulates that public buildings,
     such as town halls, should be accessible to the disabled.

IMPLEMENTATION OF THE CHARTER

Quest ion 27

  Through the legislation, policies and court judgments referred
   to in these rep Iies.

```

**P O R T U G A L**

```
                 - 203 
INTRODUCTION

In Portugal, 1990 saw an intensified social dialogue, culminating in
October in the conclusion of an Economic and Social Agreement
between the Government and the social partners on the Permanent
Council for Social Concertation, in which they undertook to make a
decisive contribution to modernising the national economy, reducing
its vulnerability to the short-term and medium-term challenges that
may confront it, ensuring the competitiveness of industry and
bringing about a progressive and sustained improvement in the living
conditions of the Portuguese people.

This agreement covers various areas of social policy and lays down
objectives to be met and measures to be taken from January 1991
which, while taking the reality of the Portuguese economy into
account, should help to achieve convergence with the other Member
States of the European Community by progressive application of the
Charter of Fundamental Social Rights for Workers.

With a view to the implementation of the Economic and Social
Agreement, the Government and all other organisations representing
workers and employers signed an agreement on vocational training
policy and an agreement on safety, hygiene and health at work on

30 July 1991.

The following details on each of the separate chapters of the
Charter reflect the legislative measures adopted following the above

agreements.

FREEDOM OF MOVEMENT

Where employees are concerned, the Treaty of Accession of Portugal
to the European Communities provides for a transitional period, yet
to expire, for implementation of free access to employment.
National legislation thus governs the access to employment of
nationals of other Member States wishing to take up employment for
the first time in Portugal, except for members of a worker's family
making use of the right to reunification.

EMPLOYMENT AND REMUNERATION

Under the Portuguese constitution, everyone has the right to choose
freely his or her profession or type of work subject to the
restrictions imposed by law in the public interest or by their
ability, and all workers, without distinction as to age, sex, race,
citizenship, religion or political or ideological conviction, are
entitled to remuneration for work corresponding to its quantity,
nature and quality, in accordance with the principle of equal pay
for equal work, so as to ensure a decent standard of living.

Under national legislation, all employees, whatever the terms of
employment, are guaranteed a monthly minimum wage. This minimum
wage does not preclude the payment of higher wages under collective
agreements or agreements between the individual parties.

```

```
                 - 204 
For part-time working, remuneration may not be less than the

fraction of the full-time remuneration corresponding to the period

of work in question.

One objective of the Economic and Social Agreement is for the
guaranteed minimum wage to rise faster than the average wage, a goal
already achieved in 1991.

Where wages are withheld, seized or transferred, there is no
provision for national benefits in the social security system. In
cases of transfer. however, unemployment benefits or social
assistance benefits may be paid in the event of economic need; wages
may be wi thheld only in the event of debts contracted by the worker
and then only up to a maximum of 1/6 of pay; as for seizure, only
1/3 of pay may be legally seized, although the judge may fix a lower

fract ion.

The services provided by the public employment centres are

unconditionally free of charge.

IMPROVEMENT OF LIVING AND WORKING CONDITIONS

The work ing condi t ions of employees are governed by legislation,
collective agreements, internal rules and an individual contract of
employment if in writing (required only if the contract is
temporary, for a specific or unspecified term, for foreigners not
entitled to free access to employment, for public performances and
for employment on board ship).

Until January 1991, normal working time was not permitted by law to
exceed 48 hours a week and 8 hours a day. Under the Economic and
Social Agreement, however, a reduction to 44 hours was agreed for
January 1991 (legislation already having been exacted to this end),
falling to 40 hours in 1995. For office workers and civil servants,
the normal working week is 42 and 35 hours, respectively. Working
time may be less than that defined by law, as is the case in the
services sector, where the working week is around 35 hours. In
collective agreements, normal working time may be defined as an
average whereby the normal working day may be increased by up to 2
hours, provided that the working week does not exceed 50 hours
except in the case of overtime worked as a result of force majeure.
The reference period for calculating such an average is fixed by
collective agreement or, in the absence of any explicit provision in
such an agreement, is 3 months.

Without prejudice to the exemptions authorised in collective
agreements, the working day must be interrupted by at least one and
at most two hours in such a way that not more than five hours are
worked consecutively.

By law, the weekly rest period is one day, normally Sunday. A
 further day or half-day may be granted under a collective agreement.

Shift working is regulated by legislation and collective agreement.
The duration of each shift may not exceed the maximum limits for
normal working and the shift workforce may not be replaced until
 after the weekly rest period.

```

```
                  - 205 
Night work is work performed between 20.00 hours on one day and 7.00

hours the next. Consecutive periods of 11 hours are permitted by

collective agreement, provided that 7 of them are worked between

22.00 hours and 7.00 hours.

Overtime working may not as a rule exceed 2 hours a day and 200

hours a year. Workers on overtime are entitled to a higher hourly

pay and, in certain situations, to paid compensatory leave. In
1991, the additional social security contributions payable on

overtime were eliminated.

Term contracts are permitted only in situations specified by the law
and must be in writing. The employer is obliged to notify the
workers' commission of the employment of workers under such
contracts. Fixed-term contracts, which have a minimum legal
duration of 6 months, may not be renewed more than twice and are
limited to 3 consecutive years. Within specified deadlines, the
employer must inform the worker of the non-renewal of a fixed-term
contract or the term of a contract with an unspecified term,
otherwise these types of contract are converted into open-ended
contracts. On expiry of the contract, the worker is entitled to
compensation corresponding to 2 days pay for every completed month

of the duration of the contract. The same conditions are laid down

by law for cases where the contract is terminated by the worker.

Part-t ime work ing is essentially regulated by collective agreement,
except for the principle of proportional remuneration, which is laid
down by law.

Temporary working is subject to the rules for term contracts. A
temporary worker is subject to the conditions of employment of the
employer to whom he is assigned.

There are 12 obligatory and 2 optional paid hoi idays.

Annual leave is 22 working days. Entitlement to leave is acquired
upon signing of the contract of employment and falls due on the
first of January, unless employment commences in the second week of
the calendar year, in which case leave may be taken after 6 months
of effective employment; if employment commences in the first week,
the employee is entitled to leave of 8 working days after a period
of 60 days of effective employment.

Where an enterprise or establishment closes for holidays, workers
entitled to a period of leave longer than the period of closure may
opt to receive the remuneration and allowances corresponding to the
difference, without prejudice to their effective entitlement to 15
working days, or take the extra period as leave.

The remuneration for the period of leave may not be less than that
which the workers would receive if at work and must be paid at the
start of the period of leave. Workers are also entitled to a
holiday allowance equal to the amount of this remuneration.

Workers employed under a term contract with an initial or renewed
duration of less than one year are entitled to a period of leave
corresponding to 2 working days for each completed month of
employment.

```

```
                  - 206 
Justified or unjustified absences have no effect on the entitlement

to leave. However, where absences entail loss of pay, the worker

may instead, if he so wishes, substitute days of leave for these
absences, provided that the leave entitlement to 15 working days, or

5 working days in the case of leave in the first year of employment,

is mainta ined.

If the worker falls sick during leave, leave is suspended, provided

the employer is informed, and continued after the period of

sickness.

Under national legislation, coI Iect i ve redundancy is defined as the
termination of individual contracts of employment by the employer,
simultaneously or successively over a period of 3 months, affecting
at least 2 workers (in enterprises with 2 to 50 workers) or 5
workers (in enterprises with more than 50 workers) in connection
with the definitive closure of the enterprise or one or more of its
sections or a cutback in the workforce for structural, technological

or economic reasons. Notice of such redundancies must be

communicated in writing to the body representing the workers, with a
copy to the Ministry of Employment and Social Security. This is
followed by negotiations, with the participation of the above
Ministry, with the aim of obtaining agreement on the scale and
 impact of the measures to be taken. Whether or not an agreement is
reached, 30 days after the communication referred to above, the
employer must give each worker to be made redundant notice of
redundancy not later than 60 days before the planned date of
redundancy.

Workers who are made redundant are entitled to compensation
corresponding to one month's basic pay for each year of seniority or
fraction thereof, the minimum being three months. During the period
of notice, the employee may terminate his contract without loss of
entitlement to such compensation.

 If the employer is legally declared bankrupt or insolvent. this does
not terminate the contract of employment as long as the
establishment is not definitively closed. The administrator of the
bankrupt employer's assets must meet in full the obligations arising
 from the contracts of employment. If the bankrupt employer's assets
are insufficient to pay all the creditors, creditor preference
applies. Claims arising from contracts of employment are met
 immediately after those of the State. At all events, if the
contract of employment is terminated, a wage guarantee fund (fully
 financed by the government) ensures that workers are paid for the
 last four months immediately prior to the legal declaration of
 bankruptcy or insolvency. However, the maximum monthly amount may
 not exceed three times the minimum wage guaranteed by law for the
 sector of activity concerned.

 SOCIAL PROTECTION

 Social protection for workers is essentially provided by the general
 social security system, which covers all employed workers and the
 self-employed, and the civil service system. Persons not
 compulsorily covered by these systems may join a voluntary social

 insurance scheme.

```

```
                  - 207 
For employed workers, the following contingencies are covered:
sickness, maternity, unemployment, occupational illnesses,
invalidity, old-age, death and family responsibilities.

The self-employed and civil servants enjoy the same coverage except

for unemployment. Protection against occupational illness is also

optional for the self-employed.

Voluntary social insurance is intended to protect insurees in the

event of invalidity, old-age and death as well as, for certain

specific groups, occupational illness and family responsibilities.

As a rule, benefits are calculated as a function of the pay on which
contributions are based and range between 65 and 100% of pay.
Protection in the event of occupational accidents is the
responsibility of employers. However, they may transfer their
responsibility to insurance companies.

Social protection for workers is also provided by supplementary

schemes run by insurance companies, pension funds and other bodies.

Social protection for persons excluded from the labour market and
having no means of subsistence is provided by the non-contributory
system in the form of cash benefits to compensate for invalidity,
old age, death and also to cover family responsibilities, subject
to a means test. Also, subject to a means test is a benefit for
entry into working life granted to young people age between 18 and
25 seeking their first job.

 In addition social assistance benefits are granted on a case-by-case

basis.

Currently under preparation is a national programme to combat
poverty, comprising a set of locally based activities - projects aimed at ensuring the social, economic and cultural integration of
disadvantaged persons, groups and communities by mobilising local
and national resources, exploiting and enhancing the capacities of
the population, and activating local solidarity.

The programme is coordinated and managed by two commissioners, one

for the north of the country and the other for the south. Both

answer directly to the office of the Minister of Employment and

Social Security.

Health protection is assured by a system comprising the national

health service and all the public bodies undertaking promotion,

prevention and treatment activities in the field of health, together

with all private bodies and professionals who sign agreements with

 the national health service to perform all or some of these

 activities. The national health service, which comes under the

Ministry of Health, embraces all the official health-care services

 and institutions under the Ministry of Health and has a statute of

 its own. Beneficiaries of the national health service are citizens

of Portugal and the other Member States of the European Community as

 well as stateless persons and residents of Portugal who are citizens

 of third countries with reciprocal arrangements with Portugal.

```

```
                   208 
FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

Under national legislation, employers have the right to constitute
associations to defend and promote their entrepreneurial interests
and to Join the association representing the category to which they
belong in their area of activity, provided that the statutory
requirements are met. The right to leave such associations is free
and unconditional. Where workers are concerned, the Constitution

lays down that freedom of association in trade unions is guaranteed
without discrimination, in particular the freedom to form trade

unions at all levels and the freedom to Join trade unions. However,

no worker is obliged to pay dues for a trade union to which he does

not belong.

Ordinary law also guarantees workers the right of association in
trade unions to defend and promote their social and professional
interests and the right to join the trade union that represents the
categories to which they belong in the field of their activity as
well as the right to leave at any time the trade union to which they

belong.

Any agreement or act making a worker's employment conditional upon
joining or not joining a trade union or upon leaving the trade union
to which he belongs or any agreement or act intended to dismiss,
transfer or in any way prejudice a worker on account of his
belonging or not belonging to a trade union or on account of his
trade union activities is prohibited and deemed null and void.

Labour relations are collectively regulated by collective agreement,
arbitration or affiliation agreements.

Only the trade unions and employers' associations registered in
accordance with the appropriate statutory regulations as well as
individual employers may sign collective agreements.

Collective agreements concluded by trade unions and employers'
associations are known as collective contracts, while collect ive

agreements proper are entered into by trade unions and a group of
employers on behalf of a group of enterprises. Company agreements
are those signed by trade unions with just one employer for one
enterprise.

The process of securing or revising an agreement starts with the
presentation of a proposal and a counter-proposal within certain
statutorily defined deadlines, followed by a phase known as "direct
negotiation" between the parties involved with a view to reaching an
agreement. If no agreement is reached, the resulting dispute may be
resolved by conciliation, mediation or arbitration.

The regulations established by any one of the above methods may not
be overturned by individual contracts of employment except to

establish more favourable conditions for workers.

```

```
                  - 209 
The only obstacle preventing parties to agreements from revising or
replacing them is the minimum duration of agreements (1 year).
Notice of termination of these agreements may be given only after 10

months following their deposition with the Ministry of Employment

and Social Secur ity.

Workers are guaranteed the right to strike under the Constitution.

It is left to them to decide the scope of the interests to defend.

This scope cannot be restricted by law.

National legislation lays down some rules in this area, specifying

who may call a strike, the compulsory nature of the notice to

strike, the effects of a strike, obligations during a strike and the

consequences for workers of not complying with the law.

Civil servants, but not the military and paramilitary forces, are

guaranteed the right to strike under the conditions outlined above.

VOCATIONAL TRAINING

Pursuant to the Economic and Social Agreement referred to in the
introduction, the Government and the trade union and employers'
federations represented on the Permanent Council for Social
Consultation signed, on 30 July 1991, an agreement on vocational
training policy. It concerns the "improvement of coordination
between training and working life", the "integration within the
 labour market of disadvantaged groups", the "intensification of
further training", "social consultation in the definition,
development and implementation of employment and training policies",
the "encouragement of the investigation and systématisation of
training and employment statistics" and "cooperation within the
European Communities".

The agreement provides for a range of measures requiring intensive
cooperation between public bodies and the social partners. These

measures focus on the creation of conditions to ensure the future

generalisation of initial and further training, on the linkage
between training and work and on the economic and social integration
of those social groups with the most problems entering the labour

market.

Social dialogue and the participation of the social partners feature
 throughout this agreement, particularly as regards the definition,
development and implementation of vocational training policy, the
 tripartite organisation of the bodies concerned and the coordination
of activities at European Community level.

Of the measures provided for in this agreement, five pieces of draft
 legislation are worth singling out: the first setting out a
 framework for vocational training; the second concerning training on
 the labour market; the third concerning preliminary vocational
 training; the fourth concerning vocational qualifications and the
 fifth concerning vocational information. The first three have now
 been approved by the Council of Ministers.

```

```
                 - 210 
The legislation setting out the framework for vocational training in
the education system and on the labour market integrates all such
training, regardless of the system - education or employment - in
which it is provided, in a legal system ensuring the desired unity
and effectiveness, particularly in terms of principles, methods,

certification, evaluation and coordination.

Where vocational training in the education system is concerned, the
main provisions have already been set out in the Education System
(Bases) Act (1986), which, for initial training, distinguishes

between two models, technical vocational education and vocational

schools. Lasting three years and open to students who have
completed the 9th year of schooling, technical vocational education
leads to a secondary school-leaving diploma and a technical
vocational training certificate.

In the vocational schools, which are open to young people with 9 or
6 years of schooling, courses are organised into modules of varying
duration corresponding to progressively higher levels of education
and vocational qualification and lead to a certificate of
qualification at level 1, 2 or 3 and a diploma equivalent to the
10th, 11th or 12th years of the regular education system.

Where vocational training on the labour market is concerned, the
legal system adopted clarifies the role of the state, enterprises,
other employing and training bodies and the social partners and lays
down criteria for defining the priorities for training aid and

financial resources.

One particular form of this type of training is apprenticeship,
which provides training combined with work for a duration of not
more than 4 years and covers young people from the age of 14 to 24
who have completed compulsory schooling.

As regards continuing training, legislation adopted in 1985
established the legal system for technical and financial aid by the
 Institute of Employment and Vocational Training for vocational
training in cooperation with other public, private or cooperative
bodies through the conclusion of agreements to implement specific
activities or to meet the ongoing needs of one or more sectors of

the economy.

Portugal is currently seeing a significant expansion in vocational
training, particularly for those at work. In fact, all applications
for financial aid have been approved, provided that they meet
various conditions for eligibility. In addition, there has been an
extension in the nation-wide coverage of training facilities and
agents, including distance learning and the training of
professionals who undertake training activities in enterprises
alongside their usual duties.

With the aim of encouraging the improvement of worker skills, while
taking into account economic reality in enterprises, the right to
unpaid, long-term leave (not less than 60 days) to attend vocational
training courses has recently been established. The employer may
refuse to grant such leave only in cases specified by law.

A fact worth noting is that any foreign citizen resident in Portugal
aspiring to enter the national labour market has access to
 vocational training.

```

```
                 - 211 
EQUAL TREATMENT FOR MEN AND WOMEN

The principle of equality between men and women is enshrined in the
Constitution. It is implemented by ordinary legislation
guaranteeing, in particular, equality of opportunity and treatment
at work in both the private and public sectors. There is a
tripartite Commission for Equality at Work and in Employment with
the aim of promoting the application of this legislation. This
Commission performs various activities, including the analysis and
processing of complaints submitted by trade unions and workers and
providing information on, and raising awareness of, the issue in
quest ion.

The Labour Inspectorate is responsible for monitoring compliance

with the law.

Workers or trade unions may bring proceedings before the competent

courts in cases of discrimination.

Also worth noting is the existence of a Commission for the Equality
and Rights of Women, under the Prime Minister, which has its aim the
defence of the equal rights and dignity of women and men at all
levels of family, occupational, social, cultural, economic and
political life. Among other things, this Commission has launched
information and awareness-raising activities.

Various positive measures in favour of women have been adopted to
counter and offset discrimination through preferential treatment.
In particular, they include increases in public assistance to
enterprises employing or training women in traditionally male
professions and to women starting up businesses or becoming self
employed.

In this connection, the agreement on vocational training policy also
aims to step up measures concerned with the employment and the
training of women with a view to facilitating their integration

within the labour market.

Also with a view to ensuring equal opportunities, national
 legislation provides for the sharing of family responsibilities by
specifying that leave for looking after children may be taken by the
father or the mother, or, in the event of adoption, either adoptive

parent.

With this same objective, efforts have been made in recent years to
create facilities and provide services for childcare and care of the

aged.

 In spite of the constitutional principle mentioned above, the
general social security system still contains an element of
 inequality where the minimum age of entitlement to old-age pension
 is concerned. Currently under study, however, are measures to make
the age of entitlement to old-age pension more flexible in order to
ensure equality between men and women.

```

```
                   212 
INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

The representative bodies exercising the rights of workers to
information, consultation and participation are the workers'

commissions.

Workers are constitutionally guaranteed the right to establish

workers' commissions to defend their interests and intervene

democratically in the life of the enterprise.

The workers' commissions have the right to: receive all the
information necessary for the exercise of their activity; monitor
the management of enterprises; intervene in the reorganisation of
productive units; participate in the preparation of labour
legislation and economic and social plans relating to the sector
concerned; administer or participate in the administration of the
social works of the enterprise; promote the election of worker
representatives to the social bodies of enterprises belonging to the
State or other public .author ities in accordance with the law.

The right of the workers' commissions to information covers: general
operating and budgetary plans; internal regulations; organisation of
production and its implications for the degree of utilisation of
labour and equipment; the situation regarding supplies; forecasts of
the volume and management of sales; personnel management; enterprise
accounts; financing methods; burden of taxes and similar charges;
projected alterations to the registered capital and object of the
enterprise and plans for changing the productive activity of the
enterpr ise.

The right to consultation takes the form of the obligation to be
asked for an opinion before decisions are taken on the following:
conclusion of restructuring contracts; liquidation of the enterprise
or application for bankruptcy; closing of the establishment or
production lines; any measures resulting in a significant cutback in
the workforce or a substantial worsening of working conditions;
establishment of the annual holiday programme; alteration of hours
of work; modification of the criteria on which occupational
classifications and promotions are based; change in the location of
the enterprise or business.

The workers' commissions must also be consulted on individual and

collective dismissals, suspension of the contract of employment or
reduction in the normal working time and also on social accounts.

Apart from some exceptions relating to activities in the public
 interest, the right of the workers' commissions to monitor
management covers: the issuing of opinions on the enterprise's
economic plans and budgets-, the submission of recommendations or
critical reports on the apprenticeship, retraining and advanced
training of workers and on the improvement of living and working
conditions and of health and safety; defending the interests of the
workers before the management and supervisory bodies of the
enterprise and the competent authorities.

```

```
                 - 213 
PROTECTION OF HEALTH AND SAFETY AT THE WORKPLACE

Under the constitution, all workers are entitled to work in healthy
and safe conditions. In accordance with this principle, the
employer must provide the worker with good working conditions and
ensure health, safety and the prevention of the risks of

occupational illness and accidents.

Current legislation in this area includes, in particular, the basic
legislation specifying the conditions for the installation and
operation of industrial establishments, commercial establishments,
offices and services, including the civil service, and the general
regulations governing health and safety in industrial

establishments.

Taken as a whole, the Community Directives contain more favourable
provisions for the training and information of workers.

The improvement of health and safety conditions at the workplace is
an issue that has preoccupied the government and the social partners
and is one of the aspects covered by the 1990 Economic and Social
Agreement. As provided for in the latter, an agreement on hygiene,
health and safety at work was signed on 30 July 1991 with the
following main guiding principles: i) integration in the vocational
preparation of minors of training on occupational risks and their
prevention; ii) provision of workers throughout their working lives
with information and training on occupational risks and their
prevention; iii) promotion of qualified training for specialists in
the field of hygiene, health and safety at work; iv) development of
a knowledge of occupational risks and prevention techniques; v)
creation of a body for the prevention of occupational risks with
participation of the social partners; vi) encouragement of
negotiation at sectoral and enterprise level on the creation of
joint hygiene, health and safety committees in enterprises,
establishments and agencies.

As an integral part of this agreement, the Council of Ministers has
approved a Decree-Law setting out a framework for safety, hygiene
and health at work, which implements in national legislation the
requirements set out in various Community directives, in particular
Directive 89/391/EEC, and ILO Convention 155.

This legislation guarantees workers the right to work in safe,
hygienic and healthy conditions. This calls for a policy for the
prevention of occupational hazards based on: a definition of the
technical conditions to be met by the physical components of work,
 the identification of the substances, agents or processes to be
prohibited, restricted or subject to authorisation or control by the
authorities, the promotion and monitoring of the health of workers
and the stepping up of research in the field of safety, hygiene, and

health at work.

This legislation also entitles workers to up-to-date information on
 the risks to health and safety and on the measures and instructions
 to be followed in the event of grave danger. It lists the
 situations where workers have the right to such information. In
 addition, workers are also entitled to adequate and sufficient
 training in safety, hygiene and health.

```

```
                  - 214 
To ensure the implementation of all the obligations it sets, the

legislation requires the employer to ensure the organisation, with

the participation of the workforce, of activities in the field of

safety, hygiene and health at work.

Consultation of the workers or their representatives is compulsory
on: i) hygiene and safety measures before they are put into effect;
ii) measures that will have an impact on safety and health at work
due to their effects or the technology employed; iii) the programme
and organisation of training in the field of safety, hygiene and

health at work.

The workers or their representatives may submit proposals to

minimise any occupational hazard.

Also worth noting in the agreement on safety, hygiene and health at
work is the decision to create, by the end of this year, an
"Institute of Safety, Hygiene and Health, with the particular task
of undertaking activities in the fields of applied research, the
prevention of occupational hazards, training and information, either
directly or by promoting projects to be carried out by public,
private or cooperative bodies.

PROTECTION OF CHILDREN AND ADOLESCENTS

The minimum legal working age is fixed at: i) 16 years from the 1st
of January of the year following that when the first pupils have
completed the nine-year period of compulsory schooling; ii) 15 years

unt il this date.

However, minors between the ages of 14 and 16 may, upon completion
of compulsory schooling, perform light work not prejudicial to their
health or physical and mental development.

Minors of minimum working age who have not completed compulsory

schooling may be employed only if they attend an educational

establishment or take an apprenticeship or vocational training

course that provides them with an equivalent educational

qualification. In such cases, working hours may not be prejudicial

to educational activities and permission for the young person to

work must have been given by his or her legal guardians.

Minor workers have additional guarantees to protect their health and
education: a medical examination upon recruitment and subsequently
every year; the prohibition of work impairing their physical, mental
or moral development; the granting of unpaid leave to attend
vocational training; and the right to part-time working when
attending an educational establishment or apprenticeship or
vocational training course providing them with qualifications
equivalent to that of compulsory schooling, with entitlement to
compensation for loss of pay.

For workers less than 18 years of age, national legislation fixes a
minimum guaranteed monthly wage 25% less than that for persons over
 18 years of age. The minimum monthly wage for trainees, apprentices

or similar who are receiving practical training for a skilled or

```

```
                  - 215 
highly skilled occupation and are aged between 18 and 25 is 20%

lower for the first two years or for the first year if they have

completed a vocational technical course or appropriate vocational

training.

It must be stressed, however, that such reductions are without

prejudice to the principle of equal pay for equal work.

The law expressly calls for collective agreements to reduce, where
possible, the maximum normal working time for workers under 18 years
of age. In addition, student workers (regardless of age) are
entitled to up to 6 hours off a week without loss of pay or any

other benefit, if their school timetable so requires.

As regards night work, workers of under 18 years of age are not

permitted to work at night in industrial establishments and may only

do so in activities of a non-industrial nature where this is

considered essential for their vocational training.

Young people aged between 16 and 18 may work nights in industrial

establishments only in cases of force majeure that prevent the

normal operation of the enterprise.

Minors are not permitted to do overtime.

ELDERLY PERSONS

Persons who have reached retirement age but are not entitled to a
pension under the general social security system may receive an oldage pension under the non-contributory system, subject to a means

test.

The elderly are entitled to a range of benefits including: reduced
fares and telephone subscription charges; free entry to museums; and
exemption from tax on savings up to Esc 1 500 000. It is also not
possible for a landlord to terminate the lease of anyone over the
age of 65 who has been living in the dwelling concerned for at least
20 years.

Recent years have seen an increase in the provision of home care for

the elderly, i.e. carrying out tasks they are no longer able to

perform themselves.

Medical assistance is provided, as mentioned above, by the national
health system.

 In 1988, a National Commission for Old Age Policy was set up with
the aim of developing an integrated policy for elderly persons.

```

```
                  - 216 
DISABLED PERSONS

Under a policy for promoting their occupational and social
integration, disabled persons benefit from the following measures:
vocational preparation and training of young disabled people;
technical and financial support for training and occupational
rehabilitation programmes for disabled persons; support for selfemployed activities; support for protected employment; social and
occupational integration in the normal labour market (compensation
subsidies for adapting workplaces, eliminating architectural
obstacles and providing individual attention in enterprises, merit
and integration awards for employers, incentives for employers
through tax concessions and a reduction of 50% in their social
security contributions, and measures concerning working time in the
civil service); tax concessions for the importation of cars,
tricycles and wheelchairs; reservation of seats in public transport;
reservation of parking spaces on public highways; reductions in
personal income tax; special credit conditions for home purchase or
construction; permission for the blind to be accompanied when voting
in elections; technical recommendations for improving accessibility
to establishments open to the public; personal assistance in public
services for users with reduced mobility; establishment of specific
conditions for access, assistance and information/guidance in some
museums and palaces.

```

S P A I N

```
                   - 218 
 FREEDOM OF MOVEMENT

 1. There are no restrictions other than those arising from the

    transitional period.

 2. Royal Decree 1099/1986 of 26 May on the right of nationals of
     the Community Member States to enter, stay and work in Spain,
    which incorporates the pertinent Community rules into Spanish
    national law for the transitional period, lays down the
    administrative formalities to be completed by nationals of the
    Community Member States in order to exercise the rights of entry
     and stay in Spain, to engage in paid employment or self     employment or to provide or receive services for remuneration in
     accordance with Articles 48, 52 and 59 of the EEC Treaty.

     It stipulates that the special arrangements for work and
     residence permits for employed persons set out in Chapter III
     shall apply preferentially as long as the transitional
     provisions set out in Articles 56, 57 and 58 of the Act of
     Accession of Spain to the Communities remain in forced).

     Article 14.1 thus provides that any worker from a Community
     Member State who applies in due form shall be granted a work
     permit valid for five years, which shall be automatically
     renewable and not subject to restrictions on geographical
     extent, occupational sector or activity and a residence permit
     for the same period, which shall also be automatically

     renewable.

     Reference should also be made in this connection to the

     provisions of Organic Law 7/1985 of 1 July on the rights and
     freedoms of foreign nationals in Spain and of Royal Decree
     1119/1986 of 26 May approving the Regulation implementing the
     above Law, which are interpreted and implemented, as stipulated
     by the sole Article of the Regulation, "without prejudice to the
     Treaties establishing the European Communities and amendments
     thereof, the legislation deriving therefrom and Royal Decree
     1099/1986 of 26 May", being of a supplementary nature and
     applying solely insofar as they do not conflict with these

     instruments.

     In Spain, there is thus no difference whatsoever between the
     treatment of Spanish workers and workers from Community Member
     States with due authorization to work in Spain, whose pay and
     other working conditions may not on any account be inferior to
     those laid down by the rules applying in Spanish territory or
     fixed by collective agreement for Spanish workers in the
     activity, category and locality in question.

     As a member of the Community, Spain applies to its system of
     social security and hence to the schemes constituting this
     system, the social protection rules which are mandatory for the
     Member States, in particular Council Directive 79/7/EEC on

(1) However, account should be taken of Council Regulation (EEC)
    n" 2194/91 of 25 June 1991 on the transitional period for freedom
    of movement of workers between Spain and Portugal, on the one

    hand, and the other Member States, on the other (OJ L 206 of

```

**`-«`** _**f\f\4**_

```
                    - 219

     progressive implementation of the principle of equal treatment
     for men and women in matters of social security and Regulation
     (EEC) No 1408/71 of the Council of 14 June 1971 on the

     application of social security schemes to employed persons and
     their families moving within the Community.

 3. The Community rules on family reunification apply subject to the
     restrictions arising from the transitional period. Article 15
     of Royal Decree 1099/1986 provides for the granting of a five     year work permit with no geographical or occupational
     restrictions to the worker's dependent spouse and children less
     than 21 years of age.

     The Order of 9 January 1991 of the Ministry of Labour and Social
     Security institutes various action programmes for social
     integration and vocational development of immigrants and their
     families, comprising assistance for familiarization with the
     language and culture, vocational guidance and employment
     training, social integration activities and social integration
     of foreign workers in Spain by means of programme contracts.

     The Spanish authorities have transposed Council Directive
     89/48/EEC 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 by
     approving a Royal Decree^ [2] ). This Royal Decree lays down the
     general system for recognition of higher-education diplomas
     awarded in the Community Member States and requiring at least
     three years' training.

     Under the terms of this Royal Decree, any national of a Member
     State who possesses occupational qualifications obtained in a
     Member State other than Spain and similar to those required in
     Spain in order to practise a profession, will have the right to
     be admitted to that profession on the same basis as persons who
     have obtained a Spanish qualification. Only if the training
     obtained in another Member State is not equivalent to the
     Spanish requirements for admission to the profession or when the
     profession in Spain includes activities which are not covered by
     the equivalent profession in the country of origin is it
     permissible to assess the ability of a practitioner trained in
     another country to adapt to his new environment by suitable
     adjustment measures.

     The same Royal Decree will lay down rules governing
     certification by the Spanish authorities that the nationals of a
     Member State have acquired a training of at least three years'
     duration in Spain which qualifies them to practise a regulated
     profession in another Member State.

     The scope of the Royal Decree does not include those professions
     which have been covered by a Directive providing for mutual
     recognition of qualifications among the Member States.

(2) which will shortly be published in the Official State Gazette, at
        lkInk IIm/t Î+ ...ill Un «-^.-.i.-.-^^^! * ~ 4. U~ /•»«

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                  - 220 
   Documents issued by the competent authority in a Member State
   will be treated in the Royal Decree as equivalent to
   qualifications, certificates or diplomas issued by the Member
   State authority to attest that the holder has completed a course
   of post-secondary studies of at least three years' duration if
   they are recognized as being of equal status in that State and
   attest to training obtained in the Community.

   Royal Decree 1099/1986 of 26 May, to which reference has already
   been made, provides that the transitional arrangements laid down
   in Articles 56 to 59 of the Act of Accession of Spain to the
   Communities also apply to frontier workers who are nationals of
   a Community Member State. Such workers will be granted a
   special frontier worker's permit valid for five years,
   restricted to the frontier zone and not subject to restrictions
   with regard to the occupational sector or activity.

EMPLOYMENT AND REMUNERATION

   Article 35 of the Spanish Constitution recognizes not only the
   duty of all Spaniards to work and the right to work but also the
   right to the free choice of profession or trade.

   The Workers' Statute also recognizes as a workers' basic right
   the right to work and to the free choice of profession or trade

   (Article 4.1.a).

   There are minimum standards for pay, which specify the general
   minimum wage applying each year to all activities in
   agriculture, industry and the service sector, referred to the
   legal working day in each activity and determined as a function
   of the consumer price index, mean national productivity, the
   increase in the part played by labour in the national income and
   the general economic situation.

   Certain additions laid down in collective agreements are made to
   these minimum wages. These are the length-of-service allowance,
   payments made at intervals greater than one month such as
   extraordinary payments or participation in profits, travelling
   distance and public transport allowances, job-related allowances
   such as those for night work, arduous, unhealthy, dangerous or
   dirty work, boarding and sailing allowances, guaranteed bonus
   and incentive payments over and above the time-related wage and,
   finally, allowances for residents in the island provinces and in

   the towns of Ceuta and Mel il la.

   When part-time working is practised, the principle of wage
   proportionality applies on the basis of the hours or days
   actually worked. Length of service is then determined from the
   date of recruitment as if the person concerned were a full-time

   worker.

   Temporary contracts are governed by the principle that the
   persons concerned should enjoy the same rights and the same pay

   as permanent workers.

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                 - 221 
  Article 27.2 of the Workers' Statute states that an amount

   corresponding to the minimum wage cannot be distrained.

   Similarly, Article 8.1 of the Law on Social Offences and
   Penalties in social matters states that it is a very serious
   offence for the employer: "to fail to pay the due remuneration
   or to delay payment repeatedly". Penalties are imposed at the
   initiative of the Labour and Social Security Inspectorate, the
   severity depending on whether the offender acted out of
   negligence or deliberately. In very serious cases, the fine may

   range from 300 001 pesetas to 15 000 000 pesetas.

   Article 32 of the Workers' Statute establishes a number of

   safeguards for payment of the due remuneration, which is
   regarded as a debt having particularly high priority, e.g. in
   cases in which the employer has initiated bankruptcy proceedings
   and in all other cases in which wage debts are in competition
   with other claims on the employer's property.

   Finally, Article 33 of the Workers' Statute provides for the
   Guaranteed Wage Fund. This is an autonomous administrative body
   operating under the auspices of the Ministry of Labour and
   Social Security, with legal personality and the capacity to act
   in pursuit of its aims. It pays workers the value of
   outstanding wages which are unpaid because of insolvency,
   suspension of payments, bankruptcy or composition proceedings
   involving the employer. The sum paid cannot exceed the product
   of twice the daily rate of the general minimum wage and the
   number of days for which payment is outstanding, up to a maximum
  of 120.

   The national free public placement service may be used both by
   the unemployed and by workers in employment who wish
   information, guidance, vocational training or placement if they
   are out of work or wish to change to other work on different

   terms or of a different nature.

IMPROVEMENT OF LIVING AND WORKING CONDITIONS

   Article 34 of the Workers' Statute provides that the normal
   working week shall not exceed 40 hours of actual work, to be
   calculated on a weekly or annual basis subject to the following
   constraints: (1) not more than nine normal hours may be worked
   per day; (2) between the end of one working day and the
   beginning of the next, the worker shall have a break of at least
   12 hours in his work for the undertaking in question.

   Working time may be arranged in the form of a "split day", in
   which case there must be an uninterrupted break lasting at least
   one hour, which is not regarded as working time, or in the form
   of a "continuous day" in which case there must be a break of not
   less than 15 minutes, which may be regarded as actual working

   t ime.

   The forms of employment contract other than open-ended full-time

   contracts are as follows:

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                - 222 
  practical training contract: performance of paid work
  allowing the worker to apply and improve his knowledge;
   training contract: the worker undertakes to perform work and

   receive instruction simultaneously;
   temporary job creation contract, with the aim of placing

   jobseekers;
   contract for specific works or services;
   standby contract depending on operational circumstances;
   interim contract enabling workers of the undertaking to be

   replaced while retaining the right to be reinstated in their

   Jobs;

   contract for the start-up of a new activity;
   fixed employment contract for discontinuous work, i.e. work

   carried out on an intermittent or cyclic basis;
   part-time contract, services being provided for less than

   two thirds of the normal working day in the activity in
   quest ion;

   job-sharing contract: a worker takes over part of the

   working day of a person entering upon part-retirement.

Spanish law prescribes equal treatment with regard to working

conditions and trade union rights for part-time and full-time

workers, including those with fixed-term contracts, the only

difference being the logical adjustment of the wages due.

Royal Decree 1991/1984 of 31 October regulating part-time

contracts, job-sharing contracts and part-retirement thus states

in Art icle 2:

1. "Workers with part-time contracts shall enjoy the same rights
as are granted to full-time workers by the law or by collective

agreements.

2. "Remuneration of a part-time worker shall be proportional to
that laid down by law or collective agreement for a full-time
worker in the same occupational category, taking account of
working hours and length of service in the undertaking.

3. "Part-time workers shall be represented jointly with full
t ime workers."

With regard to the procedure for collective redundancies,
manpower rationalisation may take place in Spain when justified
for economic or technical reasons and is monitored by the Labour
Authority. In addition, the employer must in any case engage in
a period of consultation with the workers' representatives.

With regard to bankruptcies, Article 51.11 of the Workers'
Statute provides that a declaration of bankruptcy may be
followed by the continuation of employment contracts if this
agreed by the receivers in order to continue the firm's

business. Otherwise, the matter must be forwarded to the

competent Labour Authority as if it were a procedure for
manpower rationalisation on economic or technical grounds.

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                   - 223

   Article 38 of the Workers' Statute states that workers are

   entitled to at least 30 calendar days' paid holiday, which may
   be negotiated by agreement. The period will be determined by
   common consent of the employer and worker, or, if this is not
   possible, the provisions of the collective agreements will
   apply. The criteria to be satisfied are as follows.

      By agreement with the workers' representatives, the employer

      may exclude the time of year when the undertaking is most

      busy from the holiday period and the holidays of all the

      workforce may be determined. They may be staggered, or the

      unit may be closed down completely.

      When holidays are staggered, workers with family
      responsibilities will have priority so that their holidays
      coincide with the school holidays.

      If there is disagreement between the parties, the competent

      judicial body shall determine the dates and its decision

      shaII be f inal.

   Working conditions (rights and obligations of the parties in the
   employment relationship) are largely laid down by legislation,

   regulations or agreements.

   All contracts for a period in excess of four weeks, other than

   open-ended contracts, must be in writing, as must some open   ended contracts (part-time, fixed contracts for discontinuous

   work, etc.).

   Many employment regulations and collective agreements require
   all types of contract to be in writing.

SOCIAL PROTECTION

10.1 The public authorities in Spain are required to maintain a

   public social security system for all citizens to ensure

   adequate assistance and social benefits in cases of need, and

   especially in the event of unemployment. Cover for additional

   assistance and benefits is voluntary.

   On this basis, the Spanish social security system rests on a

   basic distinction between

      a public system, which is compulsory and

      voluntary supplementary protection.

   The public system in turn comprises two levels of protection
   covering different types of need:

      a general level for cases of need which as a rule do not
      depend on whether the person concerned is in or out of work

      and which affect those who have not had an earned income,

      have lost such an income without becoming entitled to a
      compensatory benefit or have lost their right to such

      benef i t -,

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                  - 224 
     an occupational level for cases arising from the pursuit of

     an occupation and consisting in the temporary or permanent

      loss of all or part of earned income.

   At this second level, there are two systems:

     a general scheme for employed persons and persons of

     equivalent status in the various branches of economic

     activity, covering 8 675 900 members;

      special schemes for workers in occupations which, because of

      their nature, particular characteristics or the nature of

      the productive processes, require special arrangements for
      social security benefits, covering 3 892 577 members.

   The occupational schemes are essentially contributory, their
   funds being obtained from remuneration by means of employers'

   and workers' contributions. The maximum and minimum

   contribution limits for 1991 were set as follows: the maximum

   contribution basis for all social security schemes is 306 120
   pesetas per month, while the minimum limit for industrial
   injuries and occupational diseases cover is 62 130 pesetas per
   month for workers aged 18 or over and 41 010 pesetas per month
   for workers under 18 years old. Direct transfers are also made
   from the General State Budget to the Social Security Budget.
   These logically correspond to the degree to which the social
   protection system provides non-contributory benefits which are
   unrelated to occupational activity and hence to earlier

   contr ibut ions.

   The system of protection against unemployment is hybrid,
   including a contributory benefit, mainly for employed persons
   and other specific groups which are deemed to be employed
   persons for purposes of protection, and non-contributory
   assistance for unemployed persons who have exhausted their
   entitlement to unemployment benefit. This latter category
   includes two groups of unemployed persons who are not required
   to have had previous employment: returning emigrants and
   released prisoners, subject to the conditions laid down by law.

10.2 The regulating instrument is Law 26/1990 of 20 December on Non   contributory Benefits and Royal Decree 357/1991 of 15 March
   implementing this Law. The main purpose of Law 26/1990 is to
   establish and regulate a non-contributory level of cash benefits
   within the social security system in accordance with the
   principle enshrined in Article 41 of the Spanish constitution,
   which requires the public authorities to maintain a "public
   social security system for all citizens".

   The Law extends the right to retirement and invalidity pensions
   and to cash benefits for dependent children under the social
   security system to all citizens, even if they have never paid

   contributions or have not done so for a sufficient time to

   become entitled to contributory benefits as a result of
   occupational activity.

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                  - 225 
   The only requirements for entitlement to non-contributory
   benefits are, as general conditions, residence in Spanish
   territory and lack of adequate means of subsistence, and, as
   specific conditions, the age of 65 for the retirement pension
   and the age of 18 and the specified degree of disability for the
   invalidity pension.

   These pensions are paid at a flat rate laid down in the General

   State Budget laws.

   With regard to benefit for dependent children, Law 26/1990
   substantially changes the child benefits under the social
   security system by establishing a non-contributory system,
   extending entitlement to all citizens who were hitherto excluded
   since they were not covered by the social security system.

   Similarly, within the contributory system, entitlement to these
   benefits has been extended to the special scheme for self   employed persons, who hitherto did not receive periodic benefit

   for each child. The overall effect is to make entitlement to

   cash benefits for dependent children universal.

   The creation of a general entitlement to child benefits for all

   citizens is combined with a redistributive mechanism which

   consists in setting maximum income levels for entitlement to
   these benefits while at the same time increasing their value to
   12 times their present level.

   The Law also institutes new benefits for dependent children over
   18 years old and suffering not less than 65 or 75% disability.
   These benefits are higher than those mentioned above and are
   unaffected by the beneficiaries' income.

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

11. In Spain, there is no impediment to the formation of
   professional or trade union organizations by employers and
   workers. Article 7 of the Spanish Constitution thus provides

   that trade unions and employers' associations may defend and

   promote the economic and social interests of their members and

   that they may be formed and may operate freely in conformity

   with the Constitution and law. Article 28.1 of the Constitution

   also affirms a general right to form and join trade unions,
   subject to the restrictions or exceptions applying to the armed
   forces or institutions or to bodies subject to military
   discipline, while also stating that no one may be obliged to
   join a trade union.

   Similarly, Article 1 of Organic Law 11/1985 of 2 August on Trade
   Union Freedom states that: "All workers have the right to form
   or join trade unions freely in order to promote and defend their
   economic and social interests, with the exception of members of
   the armed forces and armed institutions of a military nature".

   Article 2b states: "Trade union freedom entails the worker's

   right to join a trade union, while no person may be obliged to
   join a trade union".

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                   - 226 
   Article 12 states: "Regulations, provisions of collective

   agreements, individual agreements and unilateral decisions by

   the employer which involve or imply any type of discrimination

   in employment or working conditions, whether positive or

   negative, on the basis of membership or non-membership of a

   trade union, acceptance of trade union agreements or in general

   the pursuit of trade union activities shall be null and void".

   Any worker who considers the rights of free association to have
   been infringed by the employer may seek legal redress from the
   competent court by the process of Judicial protection of
   fundamental human rights and from the social courts by a
   procedure which is treated as urgent (Article 174 of the

   Codified Text of the Law on Labour Procedures).

12. Freedom of collective bargaining is recognized by the Spanish
   Constitution, Article 37.1 of which provides that the law shall

   safeguard the right to engage in collective bargaining and the

   binding nature of the agreements, the latter deriving from the

   intention expressed by the contracting parties and appropriate

   registration according to the functional and territorial scope

   of the agreement. This scope determines whether the agreement

   in question applies to a sector or an undertaking, or at state,

   regional, interprovincial, district or local level.

   Article 3 of the Worker's Statute, relating to the basis of the

   employment relationship, states that: "The rights and

   obligations relating to the employment relationship are
   governed.... by collective agreements", while Article 82.2 and 3

   states that: "By means and within the scope of collective

   agreements, workers and employers shall determine working and

   productivity conditions and terms for settlement of any

   disputes, such agreements being binding on all employers and

   workers falling within their scope throughout the entire period

   for which they are valid".

13. The right to strike is recognized in Article 28.2 of the Spanish
   Constitution and governed by the Royal Decree-Law on Labour
   Relations of 4 March 1977, insofar as it was not expressly
   declared unconstitutional by the judgment of the Constitutional
   Court of 8 Apr iI 1981.

   The contract of employment is suspended as a result of strike
   action only in the case of legal strikes (i.e. strikes carried
   out for reasons admissible under Article 11 of the Royal Decree   Law and in accordance with the procedure laid down therein).

   The following are illegal:

      strikes called or prolonged for political reasons-,

      sympathy or secondary strikes;

      strikes intended to change an existing collective agreement.

    In Spanish law, the following procedures exist for the
   settlement of collective labour disputes.

   a) Settlement between the parties: the parties to the dispute
      themselves resolve it directly by collective bargaining.

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                   - 227 
   b) Settlement involving outside parties: the dispute is

      resolved through or with the assistance of a third party.

     This procedure may consist in:

      - mediation and conciliation: in neither case has the third

       party any power of decision, the difference between the

        two being that a mediator proposes a solution while a

       conciliator does not;

      - arbitration: the arbitrator proposes a solution which, if

        accepted by the two parties, has the same status as an

        agreement between them.

        If the parties cannot reach agreement, the Labour

        Authority refers the dispute to the Social Courts, which

        must deal with it as a matter of urgency and give a

        ruling within three days, indicating the appeal

        procedure.

   In Spanish law, conciliation, mediation and arbitration

   presuppose that the "disputes procedure", is set in motion as an

   alternative to strike action. This procedure is intended to be

   used both in conflicts of interest or substantive conflicts

   concerned with the changing of provisions of agreements or their

   replacement by others and in secondary conflicts over the

   application or interpretation of existing agreements.

14. With regard to the civil service, the Law on Civil Service
   Reform of 2 August 1984 recognized civil servants' right to
   strike and described as very serious misconduct "any action
   intended to restrict the free exercise of the right to strike".
   Such action will result in one of the following disciplinary

   measures:

      dismissal from the service: this may be decided only by the

      Council of Ministers on a proposal from the Minister of

      Public Administration;

      suspension, for not more than six years nor less than three

      years;

      transfer and change of residence, no return to the original

      posting being permitted until three years have elapsed.

   In all three cases, a disciplinary procedure must first be
   followed and the civil servant responsible for the misconduct

   must be heard.

   Organic Law 2/1986 of 13 March on the Armed and Security Forces

   forbids strike action by members of these forces.

VOCATIONAL TRAINING

15.1 Basic Law 51/1980 of 8 October on Employment.

   Royal Decree 1618/1990 of 14 December regulating the National

   Plan for Training and Integration into Employment.

   Organic Law 1/1990 of 3 October on the General Organization of
   the Educational System institutes a far-reaching reform of
   formal vocational training, which is the responsibility of the
   Ministry of Education and Science. Under the new arrangements,

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                  - 228 
   formal vocational training will comprise basic vocational
   training, to be received by all secondary pupils, and
   specialised vocational training, to be organised in intermediate
   and higher-level cycles. Access to the intermediate level will
   be conditional on completion of elementary education and hence
   on possession of the certificate of secondary education.

15.2 The National Plan for Training and Integration into Employment
   (the F IP Plan) includes a special programme for guidance and
   employment training for foreigners who are legally resident in
   Spain and are entitled to take up employment.

15.3 The programme for employment training of the workforce, within
   the FIP Plan, provides for the National Employment Institute,
   its Approved Centres and employers, on the basis of cooperation
   agreements concluded with individual employers or with employer
   or trade union organizations, to develop courses providing
   continuing training for the workforce at all levels to help it
   adjust to occupational changes resulting from the introduction
   of new production technologies or new management methods.

15.4 The public authorities and the employers' and trade union
   organizations are all involved in managing employment policy,
   which includes vocational training, under the responsibility of
   the National Employment Institute. They are equally represented

   on the General Council and Executive Committee, which are the

   bodies responsible for overseeing the central departments, and
   on the executive committees of the provinces and islands.

   The General Vocational Training Council, the advisory body to
   the government in matters of formal vocational training and
   employment training, also has a tripartite composition with
   equal representation as described above. Its responsibilities
   include preparing the FIP Plan and submitting it to the
   government for approval, monitoring its implementation and
   proposing any changes needed to bring it up to date.

   Royal Decree 1618/1990 introduces certain innovations in the
   involvement of the two sides of industry in vocational training,
   instituting three-year programme contracts as a vehicle for
   collaboration of employers and unions in the implementation of

   the FIP Plan.

   This Royal Decree also provides for the establishment of
   Provincial Monitoring Committees for Employment Training, which
   are intended to provide the National Employment Institute with
   machinery at provincial level for participation in vocational
   training. Their functions include that of gathering information
   on the progress of the FIP Plan, analysing and assessing the
   data collected and issuing proposals and recommendations.

EQUAL TREATMENT FOR MEN AND WOMEN

16.1 Article 14 of the Spanish Constitution of 1978 recognizes the
   equality of men and women before the law, while Article 35.1
   forbids discrimination in employment. Since the promulgation of

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                    229 
   the Constitution, legislative and institutional action has been

   taken to give effect to the principle of equal treatment.

   Article 17 of the Workers' Statute thus declares null and void

   regulations, provisions of collective agreements, individual

   agreements and unilateral decisions by the employer which

   involve negative discrimination on grounds of sex or negative or

   positive discrimination with regard to employment. In order to

   safeguard the principle of equal treatment in access to
   employment, Law 8/1988 on Social Offences and Penalties provides

   that it shall be a very serious offence to stipulate conditions,

   by advertising, Job offers or any other means, which constitute

   negative discrimination on grounds of sex as regards access to

   employment.

   With regard to the burden of proof in cases involving alleged
   discrimination on sex grounds, Article 96 of the Codified Text
   of the Law on Labour Procedures, approved by Legislative Royal
   Decree 521/1990 of 27 April, requires the defendant to provide
   objective, reasonable and adequately proven justification for

   the measures taken and their fairness.

   Much of the institutional action has been taken as part of the

   Action Plan for Equality of Opportunity for Women approved by
   the Spanish government in September 1987.

16.2 Approval of this Plan was a major step towards equal treatment.

   It comprised 120 measures involving 13 ministerial departments,

   and had the following objectives.

      To improve the regulatory arrangements giving effect to the
      constitutional principle of sexual equality.
      To make it possible to choose parenthood freely and
      responsibly.

      To improve health protection for the entire female

      population and especially the groups of women most at risk.

      To reduce the rate of female unemployment and sexual

      segregation in employment and improve working conditions for

      women in employment by means of public programmes of job
      related training, recruitment and self-employment. There is

      a specific programme of wage subsidies for the conclusion of

      open-ended employment contracts for women in professions or

      jobs in which they are under-represented.

      To improve and extend the social protection of groups of

      women particularly in need of assistance.

      To launch international cooperation programmes aimed at

      benefiting specific groups of women.

      To improve and complete the information available on the

      social position of Spanish women and how it is affected by

      social and economic policy measures.

   This Action Plan has led to the adoption of plans with similar

   objectives in eight regions under the auspices of the regional

   governments. Work is currently in progress on preparing the

   second state action plan.

   The Action Plan for Equality of Opportunity for Women recognized

   the need to prevent pressures and sexual harassment, to which
   women are particularly exposed. To this end, Article 4(2)(e) of

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                  - 230 
   Law 8/1980 of 10 March on the Workers' Statute was amended by
   Article 1 of Law 3/1989 of 3 March, which extended maternity
   leave to 16 weeks and prescribed measures to promote equal
   treatment for men and women at work. The new Article reads as

   follows: "In relation to their employment, workers have a right
   .... to respect for their privacy and due consideration for
   their dignity, including protection from verbal or physical
   aggression of a sexual nature".

   Mention should finally be made of the major importance in the
   social and occupational advancement of Spanish women of the
   creation of the Institute for Women's Issues in 1983 and, more
   recently, of equal opportunities commissions in many of the
   regional governments.

16.3 In addition to part-time contracts, a contribution is made by
   the whole system of leave arrangements and the latest and most
   important measure intended to enable men and women to reconcile
   their occupational and family commitments, which was contained
   in Law 3/1989. This extended maternity/paternity leave from 14
   to 16 weeks and to 18 weeks in the case of a multiple birth and
   guaranteed reinstatement in employment in the public or private
   sector after one year's child-rearing leave, such leave also
   counting towards length of service.

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

17. For companies established in Spain, the right of workers or
   their representatives to information and consultation is
   enshrined in Spanish labour legislation and in particular in
   Article 64 of the Workers' Statute, together with Article 62.2
   of the same instrument and Organic Law 11/1985 of 2 August on
   Trade Union Freedom.

18. Under the terms of the Workers' Statute, the Works Council has
   the following prerogatives: (1) to receive information at least
   every three months on the general trends in the economic sector
   to which the undertaking belongs and on the unit's production
   and sales, production programme and employment prospects; (2)
   to be acquainted with the balance sheet, the profit and loss
   account, the annual report and with the same documentation,
   under the same conditions, as the shareholders or partners if
   the firm is in the legal form of a joint stock company or a
   partnership; (3) to issue reports prior to action by the
   employer on the latter's decisions with regard to restructuring
   of the workforce and total or partial layoffs or redundancies,
   short-time working and total or partial transfer of plant, the
   undertaking's vocational training plans, the introduction or
   alteration of work organization and control sytems, time
   studies, systems establishment and job evaluation; (4) to issue
   reports when mergers, takeovers or changes in the legal status
   of the undertaking are liable to affect employment.

   In addition, the Works Council is responsible for:

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                  - 231 
     monitoring compliance with the labour, social security and

     employment regulations;

     monitoring safety and industrial hygiene in the undertaking;
     assisting in the management of the undertaking as provided
     for in collective agreements;
     participating in the management of welfare facilities
     provided by the undertaking for its workers or their

     famiIies.

   Article 10.3 of the Organic Law on Trade Union Freedom provides
   that trade union representatives who are not members of the
   Works Council shall enjoy the same guarantees as are established
   by law for the members of the Works Council, together with the
   fol lowing r ights:

     to have access to the same information and documentation as

     the employer makes available to the Works Council;
     to be present at the meetings of the Works Council and the

      internal health and safety bodies established by the

     employer ;
     to be consulted by the employer in advance on any collective
     measures affecting the workers in general and in particular
     on dismissals and disciplinary measures.

   The branches of the major trade unions and the unions
   represented on the Works Council are entitled to engage in
   collective bargaining in accordance with the pertinent
   leg i s I at ion.

HEALTH PROTECTION AND SAFETY AT THE WORKPLACE

19.1 With regard to the Directives in course of transposai, it should
   first of all be mentioned that the areas to which they relate
   are already regulated in Spain. Nonetheless, their
   incorporation into Spanish law will involve the following

   changes.

      Council Directive 89/391/EEC (Framework Directive) will

      require the institution of preventive services and the
      strengthening of protective measures against the fire hazard
      and serious and imminent danger and of the right of workers
      and their representatives to information. The Framework

      Directive will also make a considerable contribution to

      Spanish law by confirming a progressive approach to workers'
      health and safety, i.e. an overall, integrated and dynamic
      health and safety policy affecting every aspect of an
      undertaking's operations.

      Council Directive 89/654/EEC on the workplace will have a
      major impact in Spain, especially with regard to new
      workplaces established after 31 December 1992, and more
      specifically with regard to electrical installations.

      Existing Spanish legislation already goes as far as Council
      Directive 89/655/EEC on work equipment and actually goes
      farther than Council Directive 89/656/EEC on personal
      protective equipment.

```

```
                 - 232 
     Council Directive 90/270/EEC on display screen equipment
     will, in its overall impact, involve far-reaching
     innovations for Spanish workers.

     Finally, Council Directives 90/394/EEC and 90/679/EEC on
     exposure to carcinogens and to biological agents, and in
     particular the latter, will result in improved prevention
     and protection in that these Directives will make it
     necessary to introduce a system of rules, action levels and
     limit values, together with a set of graded measures to be
     taken, which will clarify the Spanish legislation in these

     areas.

19.2 The legislation now in force gives the workers' representatives
   (Works Councils and delegates) responsibility for monitoring
   preventive measures and safety and health conditions in their
   undertaking's operations. The Workers' Statute thus entrusts
   the Works Councils with the task of monitoring compliance with
   the rules for health at work and the safety and hygiene
   conditions in their undertakings, and taking any necessary legal
   action in relation to the employer and the competent authorities

   or courts.

   The right of the representatives of the workforce in an
   undertaking to receive information was recognized in the
   Workers' Statute and has been strengthened by Law 2/1991 of 7
   January with regard to employment contracts, the employer being
   required, inter alia, to provide the workers' representatives
   within the undertaking with an outline copy of all contracts
   which must be concluded in writing.

   Finally, Law 21/1991 of 17 June set up an Economic and Social
   Council to strengthen participation by those concerned in
   economic and social affairs. The Council will include

   representative trade unions and employer organizations and other
   organizations or social forces representing various interests
   (agriculture, shipping and fisheries, consumers and users). It
   will serve as a forum for consultation on the government's
   prescriptive action in the socio-economic and employment fields
   - in which case its role will consist basically in issuing
   reports and opinions of a mandatory or optional nature as
   appropriate - or will express views on its own initiative, since
   it has wide powers of autonomous action and organization which
   ensure its independence.

   Workers' representatives have the same rights to information and
   participation with regard to frontier workers as for other
   workers with respect to employment measures or policies which
   may affect working conditions.

   Article 10.6 of the Law on Social Offences and Penalties states

   that it shall be a very serious offence "to fail to set up the
   safety and health machinery within the undertaking or to
   infringe the rights of the bodies concerned and in general of
   the workers' representatives in safety and health matters".
   This offence will incur a fine proposed by the Labour and Social
   Security Inspectorate, without prejudice to any penalties which
   may be imposed by the health authorities.

```

```
                 - 233 
   Moreover, the General Ordinance on Safety and Health at Work of
   1971 states that the duties of the workers' representatives who
   are members of the Safety and Health Committees include
   cooperation with the employer and submission to the latter of
   proposals for preventive measures.

   At the individual level, the worker has a subjective right to
   protection by the employer. But the law also provides for a
   parallel contractual obligation on the part of the worker to
   comply in his work with the statutory health and safety
   requirements (Article 19.2 of the Law on the Workers' Statute)
   and to follow the practical instructions provided by the
   employer (Article 19.4 of the Law on the Workers' Statute).

   Finally, mention should be made of the Draft Law on Health at
   Work, which regulates the action to be taken by the parties to
   the employment relationship in order to prevent risks and
   safeguard the health and physical well-being of workers by
   improving working conditions.

   Title V "Participation and representation" of this bill provides
   that: "Workers shall have the right to participate in matters
   relevant to the protection of their health and physical well   being at work through their representatives and the specialist
   internal bodies provided for in this Title".

   It further states that: "The bodies representing the workforce
   and trade union representatives shall, in accordance with the
   Workers' Statute and the Organic Law on Trade Union Freedom,
   monitor compliance with the rules on safety, hygiene and working
   conditions, and take any necessary legal action in relation to
   the employer and the competent authorities and courts on behalf
   of the workforce. To this end, they shall be assisted by the
   safety representatives, who shall make available to them all
   information to which they obtain access in the performance of
   their duties."

PROTECTION OF CHILDREN AND ADOLESCENTS

20. Articles 6 and 7 of the Workers' Statute provide that the
   minimum employment age shall be 16 years, except that persons
   less than 16 years old may work in the entertainment industry.
   Such work must be specified and authorised in writing by the
   labour authority and must not put at risk the minor's physical
   health, vocational training or personal development.

21. Article 27.1 of the Worker's Statute states that the government
   shall set the general minimum wage at yearly intervals.
   Under the terms of Royal Decree 8/1991 of 11 January, the
   general minimum wage is 1 172 pesetas per day or 35 160 pesetas
   per month for persons less than 18 years old and 1 775 pesetas
   per day or 53 250 pesetas per month for persons over 18 years
   old.

   The minimum wage may, however, be atoove this general level for
   certain occupations, depending on category, as specified by
   collective agreements.

```

```
                  - 234 
22. Article 6.2 of the Worker's Statute states that workers less

   than 18 years old may not engage in night work or activity nor
   hold Jobs which the government declares to be unhygienic,
   arduous, noxious or prejudicial to health, vocational training
   or personal development.
   Article 6.3 of this instrument prohibits overtime working by
   persons less than 18 years old.
   Failure to comply with these prohibitions incurs administrative
   sanctions in that Article 8.4 of the Law on Social Offences and

   Penalties declares infringement of the rules on work by minors
   to be a very serious offence.
   Spanish legislation makes no distinction between adults and
   minors for purposes of the length of the employment contract,
   both categories being able to conclude open-ended and temporary
   contracts. There is, however, a type of temporary contract
   specifically designed for young persons: the "practical
   training" or "training" contract, approved by Royal Decree
   1992/1984 of 31 October, which permits simultaneous work and
   vocational training.
   A practical training contract may be concluded by young persons
   within the four years following completion of the studies
   necessary for the qualification in question.
   A training contract may be concluded by unemployed persons
   between the ages of 16 and 20 years, with no upper age limit for
   the handicapped.

23. The FIP Plan includes the following programmes for young

   persons;

   1. training support guarantee programme for young persons with
      training contracts;
   2. employment training programme for unemployed persons under
      25 years old;
   3. work experience programme for persons under 25 years old
      following employment training courses;
   4. compensatory training programme for persons under 16 years
      old;
   5. work experience programme for persons in second-levé I
      vocational training, experimental modules and higher
      education;
   6. employment training programmes during military service.

THE ELDERLY

24. In Spain, workers are entitled, on reaching retirement age, to a
    life-long, imprescriptible retirement pension under the public
   social security system.

   To qualify, workers must satisfy the age, minimum contribution
   and contingency requirements, be covered by one of the schemes
    in the Spanish social security system or a scheme linked with it
   and have active contributor or equivalent status, although under
   the terms of Law 26/1985 of 31 July persons may receive a
   retirement pension without having active contributor status.

```

```
                 - 235 
   As a general rule, the pensionable age is 65 years. Workers
   must have or be deemed to have active contributor status,
   subject to certain conditions.

   The minimum contribution period required is 15 years, two of
   which must be among the last eight years immediately preceding
   ret irement.

   Workers may also be entitled to a pension additional to the
   social security pension under supplementary voluntary
   arrangements. These are largely regulated by collective
   agreements and may be run by voluntary provident schemes and

   mutual insurance societies.

   Such supplementary pensions are widespread in some sectors of
   the Spanish economy.

   Since 1987, there have also been pension plans and funds, which
   are of three types depending on the promoters and participants:
     occupational system;
     associate system;
     personal system.

25. As already mentioned in section 10, the Spanish social
   protection system provides for non-contributory retirement
   pensions so that all elderly citizens who are in need are
   entitled to minimum benefits even if they have never paid
   contributions or have not done so for a sufficient period to
   obtain benefits at the contributory level. Such citizens are
   also entitled to medical/pharmaceutical benefits and social
   services, with the result that their needs are fully covered.

   Law 26/1990 of 20 December instituting non-contributory benefits
   under the social security system builds on the guiding principle
   set out in Article 41 of the Spanish Constitution, which
   requires the public authorities to "maintain a public social
   security system for all citizens". The only requirements for
   entitlement to the non-contributory retirement pension are, as a
   general condition, residence in Spanish territory and lack of
   adequate means of subsistence and, as a specific condition, the
   age of 65 years. The pension is paid at a flat rate fixed by
   the General Budget laws.

   The social security system provides the following social
   assistance and social services for retired persons or
   pensioners:
      old people's homes;
      day centres and clubs-,
      assistance in the home;
      hoiidays;
      subsidized thermal cures.

```

```
                 - 236 
DISABLED PERSONS

26.1 The main approach to integration of disabled persons into
   working life is to induce employers to give open-ended work
   contracts to disabled persons who are unemployed by granting a
   500 000 peseta subsidy and reducing the employer's social
   security contribution for all risks by 70% for workers under 45
   years old and 90% for older workers.

   These incentives are compatible with the granting of aid for
   adaptation of workstations.

   The "training contract", which combines work with the necessary
   training for the job and which can normally be concluded with
   persons between the ages of 16 and 20, is not subject to any age
   limit when the unemployed person concerned is disabled.

   The programme of occupational integration of the disabled in
   Special Employment Centres covers two types of activity. The
   first supports the launching of innovatory job-creating projects
   by means of subsidies for technical support, interest rebates
   and the capital investment required. The second is intended to
   maintain jobs by subsidizing part of the wage cost and the
   employer's social security contributions.

   Self-employment of the disabled is encouraged by means of
   interest rebates and subsidies of up to 400 000 pesetas for
   fixed capital investment.

   In the field of vocational training, the FIP Plan includes an
   employement training programme for disabled workers with the aim
   of easier integration into the open labour market.

   A further series of measures carried out under the aegis of the
   National Institute for Social Services (INSERS0) may be briefly
   described as follows.

      Vocational guidance in basic centres, whose functions
      include providing advice on the most suitable work for the
      type of disability concerned.

      Employment training organized and financed by INSERS0, which
      is carried out in Rehabilitation Centres for the Physically
      Disabled, one of which belongs to the Community network of
      vocational training or rehabilitation centres and
      experiments set up under the Community HELIOS programme.

      Work in Occupational Centres, whose aim is the vocational
      and social rehabilitation of persons suffering total
      incapacity which temporarily or permanently prevents their
      integration in a Special Employment Centre or in open
      employment. One of these centres too, forms part of the
      HELIOS programme.

      In the field of employment for the disabled, INSERS0 also
      manages the Register of Occupational Centres run by non      profit private bodies. This register lists establishments

```

```
                   237 
     which aim to provide occupational therapy and personal and

     social adjustment for the disabled when the degree of

      invalidity is such that they are not employable in an

     undertaking or Special Employment Centre.

26.2 Various measures are being taken in the following areas to
   promote the social integration of the disabled:

     ergonomics: by subsidizing employers for adapting

     workstations to the requirements of the disabled;

      accessibility and mobility: by eliminating architectural

      obstacles, subsidising the acquisition and adaption of aids

      to mobility and adaptation of means of transport to allow

      their use by disabled persons.

   With regard to housing, the regulations on subsidized housing
   provide for a quota of 3% to be reserved for the disabled.

IMPLEMENTATION OF THE CHARTER

27. The rights contained in the Charter are guaranteed by various

   mechanisms.

   Under the terms of Article 13 of the Organic Law on Trade Union

   Freedom, if workers or trade unions consider trade union rights

   to have been infringed by an employer, an employers' association

   or any other person, entity or public or private corporation,

   they may seek legal redress from the competent court by the

   process of judicial protection of fundamental human rights.

   The Codified Text of the Law on Labour Procedures assigns
   competence to deal with claims arising in social law, in both
   individual and collective disputes, to the social courts and
   accords legal capacity and the right to plead in defence of
   their rights and legitimate interests to all persons having the
   full enjoyment of their civil rights and to trade unions and
   employers' associations for the defence of their economic and

   social interests.

   At the administrative level, Law 8/1988 classifies social

   offences and penalties, assigning responsibility in this area to

   the Labour and Social Security Inspectorate, which may take

   action, either ex officio or on complaint by the party affected,

   on the entire range of regulations on labour and employment

   matters, social security, migration, safety and health at work,

   etc. When it is established that offences have been committed,

   penalties are imposed by the competent administrative authority

   following a proposal from the Labour and Social Security

    Inspectorate.

    In addition to these normal channels for judicial and

   administrative redress, parties suffering violation of rights

   recognized by the Constitution have access to the constitutional

   machinery for guaranteeing such rights: challenges to the

   constitutionality of legislative decrees before the Cons

```

```
               - 238 
titutional Court; appeals to the Constitutional Court for

protection against de facto infringements; Judicial proceedings

by summary and priority procedure before the normal courts for

the protection of fundamental human rights, complaints to the

Ombudsman against administrative acts which infringe citizens'

rights, etc.

In Spain, the rights contained in the Charter are also exercised

by means of collective agreements, the binding force of which is

recognized by Article 37 of the Spanish Constitution: "The law

shall guarantee the right to collective labour negotiations and

the binding force of the agreements concluded".

Article 82.3 of the Workers' Statute states that: "The

collective agreements regulated by this Law are binding on all
employers and workers covered by their scope and for as long as
they are in force", while Article 3 of the same Statute
describes collective agreements as the basis of the employment
relat ionship.

Article 96 of the Spanish Constitution states that: "Duly

concluded international treaties, once they have been published

in Spain, shall form part of Spanish law".

The rights set out in the Charter are thus also guaranteed by

means of the international conventions ratified and published in

Spain. The following ILO Conventions, which have been ratified

by Spain and are thus part of Spanish law, are pertinent.

1. Social policy

   - Convention No 117 concerning Basic Aims and Standards of
     Social Pol icy, 1962

2. Freedom of movement

   - Convention No 97 concerning Migration for Employment

     (revised), 1949

   - Convention No 157 concerning the Establishment of an

     International System for the Maintenance of Rights in
     Social Security, 1982

3. Employment and remuneration

   - Convention No 122 concerning Employment Policy, 1964
   - Convention No 88 concerning Organisation of the
     Employment Service, 1948

   - Convention No 131 concerning Minimum Wage Fixing, 1970
   - Convention No 95 concerning the Protection of Wages, 1949

4. Improvement of living and working conditions

   - Convention No 1 limiting the Hours of Work in Industrial
     Undertakings to Eight in the Day and Forty-Eight in the
     Week, 1919

   - Convention No 30 concerning the Regulation of Hours of
     Work in Commerce and Offices, 1930

   - Convention No 132 concerning Annual Holidays with Pay
     (revised), 1970

```

```
                239 
5. Social protection

  - Convention No 102 concerning Minimum Standards of Social

    Security, 1952

6. Freedom of association and collective bargaining

   - Convention No 18 concerning Freedom of Association and
    Protection of the Right to Organize, 1948

   - Convention No 98 concerning the Application of the

    Principles of the Right to Organize and to Bargain
    Collect ively, 1949

   - Convention No 135 concerning Protection and Facilities to

    be Afforded to Workers' Representatives in the
    Undertaking, 1971
   - Convention No 154 concerning the Promotion of Collective
    Bargaining, 1981

7. Vocational training

   - Convention No 142 concerning Vocational Guidance and

     Vocational Training in the Development of Human

     Resources, 1975

8. Equal treatment for men and women

   - Convention No 156 concerning Equal Opportunities and
     Equal Treatment for Men and Women Workers: Workers with
     Family Responsibilities, 1981
   - Convention No 111 concerning Discrimination in Respect of
     Employment and Occupation, 1958

   - Convention No 103 concerning Maternity Protection
     (revised), 1952

9. Information, consultation and participation of workers

   - Convention No 144 concerning Tripartite Consultations to

     Promote the Implementation of International Labour

     Standards, 1976

10. Health protection and safety at the workplace

   - Convention No 155 concerning Occupational Safety and
     Health and the Working Environment, 1981

1-1. Protection of children and adolescents

   - Convention No 138 concerning Minimum Age for Admission to
     Employment, 1973

12. Disabled persons

   - Convention No 159 concerning Vocational Rehabilitation
     and Employment (Disabled Persons), 1983

```

```
              240

13. Implementation of the Charter

  - Convention No 81 concerning Labour Inspection in Industry
    and Commerce, 1947

Finally, reference should be made to the European Social Charter
of the Council of Europe, which was ratified by Spain on 29
April 1980. This guarantees the enjoyment, without
discrimination, of the following basic rights:

   the r ight to work;
   the right to just conditions of work;
   the right to safe and healthy working conditions;
   the right to a fair remuneration;
   the right to organize-,
   the right to bargain collectively;
   the right to vocational guidance and training;
   the right of children and young persons to protection;
   the right of employed women to protection;
   the right to social security;
   the right to social and medical assistance;
   the right to benefit from social welfare services;
   the right of physically or mentally disabled persons to
   vocational training, rehabilitation and social resettlement;
   the right to engage in a gainful occupation in the territory
   of other Contracting Parties;
   the right of migrant workers and their families to
   protection and assistance.

```

**U N I T E D** **K I N G D O M**

```
                - 242 
THE LABOUR MARKET

Introduct ion

The 1980s was a decade of great change in the structure of
employment, much greater than that seen in the 1960s or the 1970s.
This can clearly be seen by looking at employment in 1989 and
comparing it with the situation in 1979. Five key points emerge:

```

_1)_ _Substantlal_ _employment_ _growth_

```
At June 1990 the UK workforce in employment stood at 26.8 million,
an all-time high and 1.5 million higher than in June 1979.

```

_2)_ _Changing_ _forms_ _of_ _employment_

```
Traditional patterns of employment are changing. There has been
substantial growth in part-time work. Nearly a quarter of all Jobs
are part-time. One in eight of the workforce in employment is now
self-employed, compared with one in twelve in 1979.

These and other moves away from old-style work patterns suit both
employer and employee. Evidence suggests that people entering
these jobs do so from choice rather than lack of opportunity.

```

_3) Changing_ _Industrlal_ _structure_

```
In common with most industrialized countries, the last decade has
seen a decline in jobs in manufacturing. In contrast, the service
sector has expanded rapidly, with total job growth of over 2
million since 1979. This sector now accounts for two thirds of all

employment, compared with three fifths in 1979. There has also
been strong growth in the creation of new businesses.

```

_4) Changing_ _occupâtional_ _structure_

```
Equally significant have been changes in the occupational structure
of employment. Between 1979 and 1989, the number of people
employed in managerial and professional occupations has increased
by nearly 2.2 million - they now account for a third of all workers
compared with a quarter in 1979. Only 45% of workers are in manual
occupations now, compared with 52% in 1979.

```

_5)_ _More_ _women_ _in_ _employment_

```
There has been a large increase in the number of women at work. In
 1979 the UK female workforce in employment stood at just over 10
million - now it is almost 12 million. Women now account for 44%

of the workforce. Nearly 60% of women employees work full-time, a
figure which is little changed from the position in 1979. The UK
alone in the EC has an unemployment rate for women lower than that
 for men. These changes reflect increased demand from women for
 Jobs and the growth in the types of Job opportunities that women
have been looking for, such as part-time employment.

```

```
                 - 243 
Government policy towards the labour market

Government policies towards the labour market have to reflect these
changes. It is the UK Government's view that labour markets work
most efficiently with the minimum of government intervention.
Policies have been directed at removing hindrances to the free
operation of markets and to balancing the needs of employer and
employee. This led to an all time high in the level of employment.
Unnecessary regulations have been removed, thereby lessening the
burden of government on business, and it has been made easier to
start up a new business.

The UK believes that terms and conditions of employment are best
determined by employers and employees; they are in the best
position to Judge what is appropriate, taking account of the
circumstances of their particular firm in the labour market.

The UK is not, however, opposed in principle to all regulation of
the labour market; legislation is sometimes necessary to ensure
effective operation of the market, to protect particularly
vulnerable groups or to achieve a fundamental principle of public
policy, for example to combat discrimination. In the UK there is
comprehensive legislation on such matters as health and safety,
equal opportunities, maternity rights, unfair dismissal and
redundancy payments. However, legislation should be confined to
the minimum necessary consistent with establishing a balance

between the needs of employers and employees.

UK policies in the 1990s will reflect the key challenges of greater
international competition and technological and demographic
changes. Flexibility in the types of employment patterns, in
training and in wages will be important objectives in meeting these

challenges.

The following sections outline UK employment and social policies.
Many of the legislative provisions described satisfy or implement
existing Community directives. The UK has an excellent record on
implementation; a European Commission report in November 1990
showed that the UK was the only Member State to have implemented
all 18 directives so far agreed in the social area.

THE FRAMEWORK OF EMPLOYMENT PROTECTION

There is a comprehensive package of employment protection
 legislation for workers in the UK.

All employees are covered by legislation dealing with a number of
 important employment rights. These include equal pay, protection
against discrimination on grounds of sex, race or trade union
membership or non-membership, protection against the employer's
 insolvency and the right not to suffer unlawful deductions from

pay.

 In addition, most employees qualify for other legal rights, such as
a redundancy payment, redress against unfair dismissal and the
right to return to work after having a baby.

```

```
                 - 244 
In brief, the main individual rights are as follows:

  written statement of main terms and conditions

  right to receive an itemized pay statement

  right to minimum period of notice
  right not to be unfairly dismissed
  right to written statement of reasons for dismissal
  right not to be discriminated against on grounds of race, sex,
  marital status, or grounds of membership or non-membership of a

  trade union

  time off for public duties
  right to compensation if made redundant
   time off (for employees who are being made redundant) to look
   for work or make arrangements for training
  maternity rights is right not to be unreasonably refused paid
   time off for ante-natal care; right not to be dismissed because
  of pregnancy or for a reason connected with pregnancy; right to
   return to work after having a baby
   protection against unlawful deductions from wages
   right to remuneration on suspension on medical grounds.

Means of redress

Workers who believe their rights have been infringed can get free
advice from the independent Advisory,, Conciliation and Arbitration

Service, from Citizens Advice Bureaux, and from law centres.

Complaints may generally be pursued through the industrial tribunal

system.

Industrial tribunals are independent judicial bodies which were set
up to provide a speedy, informal and inexpensive method of
resolving disputes between employers and employees. Their
procedures have been framed with the objective of making it
unnecessary for the parties to be legally represented.

In most cases an industrial tribunal will make an award of

financial compensation to a successful complainant; depending on
the jurisdiction under the which the complaint has been made, the
tribunal may alternatively make an order for re-employment or a
declaration of the rights of the parties.

There is a right of appeal against tribunal decisions on a point of
law, first to the Employment Appeal Tribunal and then to the Court

of Appeal and the House of Lords.

Protection in cases of redundancy and insolvency

The UK believes that all employees are entitled to effective social

protection in the event of redundancy or the employer's insolvency.
The UK arrangements go well beyond the scope of the EC directives
on insolvency and collective redundancies.
* Most employees have a statutory right to compensation, based on

   earnings and length of service, if they become redundant.

```

```
                 - 245

  Recognised trade union representatives must be consulted about
  prospective redundancies and business transfers; and employers
  must inform the Government in advance about large redundancies.

  A comprehensive package of measures is available to redundant

  workers to help them back into employment.

  UK law gives preference to debts owed to employees in the event

  of their employer's insolvency. Furthermore, the UK Government

  guarantees payment of certain wages debts owed by insolvent

  employers.

   In 1990/91 the Government made payments, totalling some
  UKL145m, under the redundancy and insolvency provisions to
  nearly 400 000 employees.

WORKING CONDITIONS

There is no general legislative framework setting out terms and
conditions of employment. In general employers and employees, or
their representative organizations are free to agree what suits

them best.

Working time

Working time in the UK is in most cases determined by agreement

between employers and employees. Average weekly hours worked in
the UK, at 37.7 hours, are the same as in France and Germany and
only marginally higher than the EC average of 37.6, though greater

flexibility results in a wider spread of working patterns and hours

worked. The UK's non-statutory approach allows employers and

employees greater freedom to explore new types of working patterns

and to respond quickly to economic circumstances and customers'

requirements. The average annual paid holiday entitlement set by
collective agreement is approximately 23 days. These levels are

comparable to those in other EC member states.

In surveys UK employees have reported high levels of satisfaction
with their working time arrangements: over 80% are satisfied or
very satisfied and only 9% dissatisfied. Levels of satisfaction

are high among all main categories of workers, including part
timers and those working longer than average hours.

Wages

Real incomes have increased for all income groups since 1979 (on
average by 29% for males and 38% for females) and there are more
people in the workforce than ever before. For the lower paid there
are "in work" social security benefits specially designed for those
with heavy family commitments.

The Government believes the imposition of minimum wages hinders the
free operation of the labour market and destroys jobs.

The best way of helping the lower paid is to create the conditions
for a prosperous and growing economy and to remove barriers to

```

```
                 - 246 
employment. The main cause of poverty is unemployment and the best

answer is realistic wages which create the right conditions for Job

growth.

INDUSTRIAL RELATIONS AND TRADE UNIONS

Freedom of association

In general, employers and employees are free to establish and run

such organizations as they see fit.

Steps taken by the Government over the past decade to reform the
relevant legislation have provided a legal framework which ensures

that individuals are free to Join, or not to Join, trade unions.

With certain exceptions, all employees now have the following
r ights:

(i) not to be dismissed for being a member of a trade union or
     for not belonging to one, or for proposing to become a
     member of a trade union or refusing to join one-,

(ii) not to have action short of dismissal taken by their
     employer to prevent or deter them from seeking to become a
     member, or to penalize them for doing so, or to compel them

     to be or become a member -,

(iii) not to be chosen for redundancy because they belong or do
     not belong to a trade union, or are proposing to join one.

 In addition, individuals seeking employment are protected against
an employer's refusal to employ them if that refusal was because

the individual concerned was, or was not, a trade union member or

because he refused to become, or cease to be, a member.

Where an employee, or jobseeker, believes that any of the rights
afforded to him under the law have been infringed, he may complain

to an industrial tribunal.

Collective agreements

There has been an increasing trend in the UK towards individual
agreements between employer and employee. The notion of people at

work as an undifferentiated mass with identical interests and aims

 is diminishing. Individual employees want to have much more
control over the whole direction of their careers. They have their
own views about the training and skills they need. They look for
and they will stay with the employer who will train them and help
 them to develop their careers.

The Government believe that making collective agreements should be
 a voluntary matter between the parties concerned. There is nothing
 in UK legislation which prevents employers, employer organizations,
or worker organizations from negotiating and concluding such

 agreements.

```

```
                 - 247 
However, there is nothing in UK legislation that prevents an

employer from recognizing a trade union, or from concluding a

collective agreement. These are matters which employers are free

to decide, having regard to their particular business needs and

circumstances.

It is for the parties to collective agreements to decide themselves

whether their agreements should be legally enforceable.

Disputes

The industrial relations reforms pursued by the Government have led

to the lowest number of stoppages for over 55 years, and the fewest

days lost for ten years.

Should a collective or individual dispute arise, the UK already has
in place well-established provision for conciliation and
arbitration for the settlement of disputes in the form of the
Advisory, Conciliation and Arbitration Service (ACAS).

ACAS was established as an independent statutory body under the
Employment Protection Act 1975 with the general duty of improving
 industrial relations. Its specific functions include conciliating
 in industrial disputes (at the request, or with the agreement, of
the parties concerned), and arranging arbitrations. The Service
enjoys a high reputation on both sides of industry.

 In 1990, ACAS dealt with 1 260 requests for collective
conciliation, 52 071 for individual conciliation, and arranged 200
arbitration and mediation hearings.

 If disputes cannot be resolved, nothing in UK law prevents any
employee from choosing to take collective strike action.

UK law specifically prevents any court - in any circumstances 
from making an order which would compel an employee to do any work

or attend any place to do any work, even if such work or attendance

 is required by the employee's contract of employment.

Provisions in employment law also prevent an employer selecting for
dismissal only some of those employees taking "official" (i.e.
union organized) industrial action, in so far as any employee so

dismissed may be able to claim unfair dismissal.

Other provisions in employment law provide special protection for

 any employee who takes strike action by preserving any "qualifying

 period of employment" which the employee may have accumulated prior

 to taking such action - thereby protecting certain statutory
employment protection rights (e.g. to redundancy pay), even though

 the employee has chosen to go on strike in breach of the terms of

 his employment contract.

 In addition, anyone (including a trade union) who calls for, or

 otherwise organises, industrial action which interferes with
 contracts, may be protected from civil liability (and proceedings
 which could otherwise be brought for an injunction and/or for
 damages) by special statutory "immunities".

```

```
                 - 248 
A 1989 independent survey of foreign-owned firms showed that 96%
believed that UK industrial relations have significantly improved.

EMPLOYEE INVOLVEMENT

The UK Government is firmly committed to the principle of employers
informing and consulting their employees, and involving them in the
businesses in which they work.

There is no blueprint for successful employee involvement arrangements must be suited to each organization's particular
circumstances. The UK Is opposed to the introduction of
prescriptive legislation on consultation and participation. This
would be at odds with the UK's voluntarist industrial relations

tradition.

The Government does however recognize that it has a role to play in
promoting the voluntary development of employee involvement. It
achieves this in four main ways:

(i) Good company practice: the Government draws attention to and
     encourages the adoption of good company practice.

(i') Specialist, business and professional organisations: the
     Government supports the initiatives of business, specialist
     and professional organizations.

(iii) Research: the Government sponsors and supports a variety of
     research work on employee involvement.

(iv) Financial participation.- the Government is convinced of the
     value - to employees and employers alike - of employees
     having a financial stake in the company in which they work.
     As shareholders, employees acquire a new type of interest in
     the company's success and receive information about its
     wider objectives and performance. Share schemes tend to
     make employees identify more with their company and its
     performance - and are usually associated with other employee
     i nvoIvement pract i ces.

     The Government has introduced a range of tax incentives for
     the establishment of financial participation schemes. The
     UK is in the forefront in Europe in encouraging financial
     involvement, and more schemes are being established all the
     time. Eleven of the last twelve Budgets presented by the
     Chacellor of the Exchequer have included tax incentives in
     this area.

     Nearly 2 000 all-employee share schemes have been registered
     to date. By the end of February 1991 there were 4 700
     discretionary share option schemes in operation. Also at
     end February 1991, 1 245 profit related pay schemes had been
     registered, covering 285 000 employees.

```

```
               249

FREEDOM OF MOVEMENT

The UK Government recognizes that freedom to take work and provide
services anywhere in the Community is vital, both for individual EC

nationals, and for business in the free market.

A M EC nationals, except those from Spain and Portugal, are
entitled to enter and reside in the United Kingdom in order to seek
or take paid employment, to engage in se If-employment or to provide
or receive services for remuneration. The UK supported the
regulation agreed at the Social Affairs Council on 25 June which
will shorten the transitional period for Spain and Portugal.

Individuals are not subject to any restrictions on the nature and
type of activity of these kinds that they may engage in (except
insofar as British citizens may be subject to restrictions), and
they thus have full and equal opportunity in employment or business
and the professions. They are also covered by the same employment
protection rights as UK workers, therefore ensuring equal and fair

treatment.

The UK also fully supports Community action to eliminate obstacles
arising from the non-recognition of diplomas or equivalent
occupational qualifications. The UK regulations transposing in
full Directive 89/48/EEC (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) came into
force on 17 April 1991. The UK is the second Member State to
iemplement the Directive in full.

The Directive was implemented for teachers in autumn 1989 and since
then 1 698 teachers from the Community have been granted qualified
teacher status allowing them to teach in the UK.

The UK is a leading participant in ERASMUS: the European Action
Scheme for the Mobility of University Students which aims to
promote increased freedom of movement for students already in
higher education within the EC and increased co-operation within
higher education. Within ERASMUS the European Credit Transfer
Scheme (ECTS) promotes credit transfer between Member States. It
requires higher education institutions across the EC to accord full
credit for academic work undertaken by participating students.

VOCATIONAL TRAINING

The overall UK aim is to develop systems which enable individuals
to build on their skills and experience throughout working life;
meet the needs of employers and individuals; are capable of
delivery by a wide variety of cost-effective means; and can respond
flexibly to changing demand.

To achieve this aim, six major priorities for training and
enterprise in the 1990s have recently been set. These are:

   employers must invest more effectively in the skills their

   businesses need;

```

```
                 - 250 
  young people must have the motivation to achieve their full

  potential and to develop their skills;

  individuals must be persuaded that training pays and that they
  should take more responsibility for their own development;

  people who are unemployed and those at a disadvantage in the

  Job market must be helped to get back to work and develop their

  abiIit ies to the fulI ;

  the providers of education and training must offer high quality

  and flexible provision which meets the needs of individuals and

  employers;

  enterprise must be encouraged throughout the economy,
  particularly through the continued growth of small business and
  self-employment.

Systems enabling these priorities to be met which are already in

place or shortly to be completed include:

  a national network of operational TECs (Training and Enterprise
  Councils) and LECs (Local Enterprise Companies), locally based

  employer-led organizations which will tailor training and

  enterprise activities to meet ever changing consumer demand;

   a comprehensive network of voluntary, employer-led, independent
   Industry Training Organizations, which is well on the way to
   being established. One of their key tasks will be to establish
   a mechanism for keeping TECs informed of sectoral labour market

   needs;

   a national framework of National Vocational Qualifications,

   based on standards of competence defined by lead bodies
   representing sectors of industry and commerce, will ensure
   training is relevant to the needs of the Job and help
   progression by individuals.

The UK Government is planning to spend over UKL2.7 billion on
training, enterprise and vocational education in 1991/92 - two and
a half times more in real terms than in 1978/79. Employers, who
have the prime responsibility for training, are estimated to spend
around UKL20 billion a year on training and development. Over 85%
more employees received training in the spring of 1990 than in a
similar period six years ago.

EQUAL OPPORTUNITIES FOR WOMEN AND MEN

The UK Government recognizes the essential contribution that women
make to the economic and social life of the country and
wholeheartedly supports equality of opportunity between the sexes
in all aspects of life. Significant advances have been made in the
field of equal opportunities between women and men in recent years,
and are clear evidence that our equal opportunities policies are
work ing.

```

```
                 - 251

Nearly half the civilian workforce in employment is women, the

second highest participation rate for women in western Europe-, at
12 million, there are more women in employment than in any western

European country. The UK is the only EC country where the

unemployment rate for women is lower than for men, and there are

far more women than ever before in managerial and professional

occupations and training for the professions, e.g. a quarter of all

doctors, dentists, opticians, solicitors, barristers and veterinary

surgeons in the UK are now women.

The Legal Framework

The UK has an extensive legal framework to combat sex
discrimination generally; in the employment field in particular the
Equal Pay Act 1970 provided for equal pay when a man and a woman
working for the same or an associated employer were doing like work
or broadly similar work or work judged to be equal by a Job
evaluation study. It was significantly extended by the Equal Pay
(Amendment) Regulations 1986 to provide also for work of equal
value. Women's average hourly earnings relative to men's,
currently at an all time high, have increased from less than two
thirds in 1970 when the UK's Equal Pay Act was introduced to over
three quarters in 1990.

The Sex Discrimination Act 1975 covers a wide range of areas of
 life which directly and indirectly affect equality of opportunity
for women in employment. It makes sex discrimination in the fields
of employment, education and the provision of goods, facilities,
services and premises generally unlawful. It also makes
victimization and a wide range of other acts unlawful including
advertisements and aiding unlawful acts. The Act also allows for
positive action in certain circumstances, for example in relation
to aspects of training, and as regards elected executive positions
 in trade unions, but not positive discrimination. Our law also
deals with those who suffer from sexual harassment and provides
protection against any victimization.

Complaints are heard by industrial tribunals. The UK has
 implemented three Community directives dealing with equal treatment
 in employment.

Other initiatives

Legislation by itself cannot deliver an equal opportunities
society. Indeed, regulation which increases disproportionately the
costs to employers of employing women workers will become a brake
on jobs without acting as a spur to greater equality of
opportunity. Non-legislative approaches are equally important;
much can be done to change attitudes by raising awareness.

The Equal Opportunities Commission (EOC) is charged with the duty

of working toward the elimination of discrimination and the

promotion of equality of opportunity between men and women

generally. The EOC can offer free help and advice to anyone who

 feels they have suffered discrimination. It can also investigate

 complaints and has the power to serve "non discrimination" notices

on employers.

```

```
                 - 252 
The Government is playing its part too by encouraging women to
think about the full range of Job and training opportunities and by
putting a good deal of effort into job-related training. For
example, the Employment Training and Youth Training Schemes can
help women back into work or to enter non-traditional Jobs.

New patterns of work, such as Job-sharing, part-time work, career
breaks and voluntary parental leave, are helping women to mix
successfully work and family life and are encouraged by the
Government. Of course the work of women who want to stay at home
to bring up their children must not be undervalued - what is
important is the freedom to choose.

Recent initiatives

The Ministerial Group on Women's Issues was established in 1986 to
coordinate government policy on issues of concern to women.
Thirteen Government departments are represented.

The equal opportunities provisions in the Broadcasting Act, 1990
seek to build on existing equal opportunities policies, to create a
climate in which more top editorial jobs are held by women and to
ensure that women are represented fairly and sympathetically. The
equal opportunities condition will be enforceable in the same way
as any other licence condition.

Childcare and reconciling work/family responsibilities

It is for families to decide whether mothers should take paid work
outside the home and if so on what basis. However, the Government
recognizes the importance of flexible working hours, flexible
working practices and good quality childcare for working parents.

It is expected that in the UK, 95% of the growth in the labour
force in the next decade will be amongst women. Employers are
increasingly offering hours and patterns of work to facilitate this
development.

There has also been marked progress in childcare provision. Tax
reforms in 1990 now allow employees tax relief on benefits paid by
the employer with regard to childcare. A diversity and variety of
childcare provision has developed over the years with vital
contributions from the voluntary sector and the private sector.
This pattern provides a sound basis for future development.

HEALTH AND SAFETY

The UK has been in the forefront of protecting workers' health and
safety through legislation for over 150 years. The present
 legislation provides a comprehensive and effective framework for
maintaining, improving and enforcing standards of workplace health
and safety. Everyone involved with work has legal duties aimed at
protecting not only employees, but also the self-employed and
members of the public, from risks to their health and safety
arising from work activities.

```

```
                 - 253 
UK health and safety legislation is based on the premise that
everyone concerned with work (employers, employees, the selfemployed, etc.) must co-operate to comply with their duties to

ensure health and safety. The legislation therefore contains

general requirements on information, training and consultation,

plus more specific requirements where needed. A recent report by

the European Commission suggests that the UK system of workers'

participation in health and safety is one of the most effective in

the Community.

The UK legislative approach is based on proper assessment in

relation to risk and sound medical and technical criteria which

results in relevant and effective controls being introduced. There

is considerable emphasis on wide consultation on proposals for new

legislat ion.

UK health and safety standards are among the highest in the

Community. This was borne out by a recent HSE study which showed

that British accident statistics compare favourably in most

respects with those of the largest EC partners.

SPECIAL GROUPS

I. Young people

```

_**Young**_ _**people in employment**_

```
All workers in the UK, including young people and children who

work, are covered by the same comprehensive health and safety

legislation that applies to all workers.

There is, in addition, further protection for young workers from
regulations which govern the extent to which they can work in
particularly hazardous industries or with particularly hazardous

substances.

Accident statistics show that young employees (16-19 year olds)

have fewer accidents than employees generally.

The minimum age for ful l-t ime employment is 16, the same as the
statutory school-leaving age. Children aged 13 and over can engage
 in light non-industrial work where this does not put them at risk

and does not interfere with their education.

Young people and school-age children are also covered by the

comprehensive package of employment protection legislation and

equal opportunities legislation, the only exception being

provisions for redundancy.

```

_**Training**_ _**young**_ _**people**_

```
The Government attaches the highest priority to the training of

young people. Over the last decade there has been a revolution in

Britain's education and training. Far-reaching reforms have been

 introduced, backed up with increased resources. Parents, their

```

```
                  254 
children and young people now have choices that did not exist a

generat ion ago.

The Government's policies are aimed at knocking down barriers to

opportunity and creating higher standards. The objective is to

give all young people the chance to make the most of their talents

and to have the best possible start in life.

On 20 May 1991 the Government introduced a White Paper, "Education

and Training for the Twenty-First Century". The key policies set

out in this are:

   speeding up the introduction of National Vocational
   Qualifications (NVQs) in further education and developing a

   range of general NVQs-,

   providing equal esteem for academic and vocational
   qualifications and clearer and more accessible paths between

   them;

   extending the range of services offered by school sixth forms

   and colleges so that young people face fewer restrictions about

   what education or training they choose and where they take it

   up-,

   giving TECs more scope to promote employer influence in
   education, and mutual support between employers and education;

   stimulating more young people to training through the offer of
   a training credit;

   promoting links between schools and employers, to ensure that

   pupils gain a good understanding of the world of work before

   they leave school ;

   ensuring that all young people get better information and
   guidance about the choices available to them at 16 and as they
   progress through further education and training;

   providing opportunities and incentives for young people to
   reach higher levels of attainment;

   giving colleges more freedom to expand their provision and

   respond more flexibly to the demands of their customers.

Another Government initiative is Youth Training (YT), a training

programme which aims to provide broad-based education and
vocational training mainly for 16 and 17 year olds and to produce

better qualified young entrants to the labour market.

Under the Youth Training Guarantee all unemployed young people aged
 16-17 are entitled to be offered entry to a suitable YT programme
and to receive such training.

Some 350 000 young people are currently in training, compared with
 the 6 000 young people who were benefiting from Government training
programmes in 1978. The proportion of 16 year olds in

```

```
                 - 255 
part-time or full-time education or training in 1988 was over 90%.
For 16-18 year olds the percentage was 69%, compared to 64% in

1984.

II. People with disabilities

A wide range of services is provided for people with disabilities

in the UK by health authorities, local authorities, voluntary

organizations, Training and Enterprise Coucils and Local Enterprise

Companies and the Employment Service. They cover a very broad

spectrum - medical and nursing care, rehabilitation, training

therapy, supply of equipment, support services in the home,

holidays, relief for carers, access to information about local

services and special employment services for employed and

unemployed people with disabilities. There is in addition a

comprehensive system of benefits for sick and disabled people.

```

_Employment_ _and_ _Training_

```
UK training and employment services and programmes are designed to

encourage equality of access and opportunity, to help progression

into open employment and to promote the retention and development

of people with disabilities in work. Many people with disabilities

use the mainstream services, but there is also a wide range of

specialist provision to help with job placing, promoting good

practices in employment, advice, assessment, rehabilitation and

training. There are special schemes designed to help overcome

particular barriers to employment and training and help is provided

for severely disabled people in the sheltered employment programme.

The programmes and services are developed to meet both local and
 individual needs. From April 1991, the Government has had the aim

of ensuring that unemployed people with disabilities are offered a

place on one of its four main employment and training programmes.

Decisions affecting the effectiveness of employment and training

provision for people with disabilities will shortly be taken

following consideration of the outcomes on two wide-ranging

consultation exercises undertaken in 1990.

```

_Benefits_

```
The UK provides a wide range of state benefits for the sick and
disabled at a cost of UKL11.95 billion per year (1991/92 estimate).
This is complemented by a we I I-developed system of occupational
benefits. Help with income maintenance is provided through both
contributory and non-contributory benefits. Increases in noncontributory benefits introduced in December 1990 concentrate
additional money on those disabled from birth or who became
 incapable of work early in life. Help is also provided with the
extra cost of disability through contributory benefits, Attendance
Allowance and Mobility Allowance. Recent surveys have shown these
 to be a very effective means of helping over 1 million severely
disabled people.

```

```
                 - 256 
In recent years the UK has improved the framework of benefits for
disabled people so that it is more in tune with their needs and
circumstances. A new extra cost benefit, Disability Living
Allowance is to be introduced from April 1992 to extend the help
currently available. At the same time a second new benefit,
Disability Working Allowance, is to be introduced to promote the
independence of disabled people by helping those who wish to work
do so.

III. Elder I y people

The UK Government provides a retirement pension to all women over
60 and men over 65 who have satisfied a minimum contributory
requirement over their working life. Uniquely, it may also provide
women with a pension based wholly or partly on their present,
former or late husband's contributions if this gives them a more
valuable pension than one based on their own contributions.
Furthermore, an additional pension may be paid, conditional on the
level of certain earnings received since 1978; extra payments are
made to those pensioners who are over 80, and an increase in
pension may also be granted to those who support another adult or
who have dependent children. The Government is pledged, and is
statutorily required to increase retirement pension every year in
line with prices so that it maintains its value. The Government
has been committed in principle to the equalization of pension ages
for some time, but this is a complex issue and proposals can be
brought forward only when the economic assumptions, demographic
factors and people's expectations for retirement have been fully
considered.

In addition to the state pension, the Government encourages schemes
that make additional provisions so that retirement does not bring
about a sharp fall in income. For example, personal pensions,
occupational pensions and income from savings. Anyone over
pensionable age who still has inadequate resources may claim Income
Support, Housing Benefit and Community Charge Benefit. Higher
levels of Income Support are available for elderly people in
nursing homes.

The average net income of those over pension age rose by 31%
between 1979 and 1987, with half of all pensioner couples and
single pensioners in receipt of an occupational pension from a
previous employer. Occupational pensions accounted in 1987 for one
fifth of pensioners' average incomes. Pensioners' real income
 increased faster than the rest of the population from 1979 to 1987.

SOCIAL PROTECTION

The general aim of the UK social protection system is to provide an
efficient and responsive system of financial help with due regard
to the wider economic and social policies. The structure has
enabled resources to be directed effectively towards those most in
need, encouraging independence and providing incentives to return
to the labour market. A national scheme of social assistance

provides a guaranteed adequate income, without time restriction, to

```

```
                  - 257 
all groups including the elderly, sick lone parents and the
unemployed. Annual social security expenditure has increased by
UKL17 billion over the last ten years to UKL55.9 billion in
1990/91.

Contr ibutory benefits to cover periods of maternity, sickness and
unemployment are provided for workers or those with recent
employment records; non-contr ibutory benefits provide financial
help for the severely ill or disabled (including those disabled as

a result of an accident at work) and carers of the sick and

disabled. Income Support provides an adequate income for those not

in full time work. It directs help to those identified as having

extra need with higher amounts for families, lone parents, the

elderly, the sick and disabled. Over 4 million people receive

Income Support.

Within the last two years there have been a number of initiatives.
They include a substantial increase in income support for
pensioners over and above normal annual upratings, at a cost of

UKL300 million and a new addition for carers introduced in October

1990.

Family Credit supplements low earnings where there are children in
the family (including lone-parent families) and provide an

incentive to return to the labour market. The Government has

announced proposals to reduce the qualifying hours, extending
eligibility to a whole new range of people. It represents a major
advance, unmatched in Europe, providing a vital link between
relying on benefits and returning to (and remaining in) work. The
transition to work has been made easier by assessing eligibility
for benefits on net rather than gross income, so people are no
 longer worse off owing to withdrawal of benefit when earnings

 increase.

Housing Benefit helps with housing costs and local taxes for those
on income support or an equivalent income level from other sources.

```

#### **ANNEX**

```
              - 259 
 QUESTIONNAIRE ADDRESSED TO THE MEMBER STATES RELATING

TO THE REPORT ON THE APPLICATION OF THE COMMUNITY CHARTER

     OF FUNDAMENTAL SOCIAL RIGHTS FOR WORKERS

```

_**Under the terms of paragraph 29 of the Charter,**_ _**"the**_ _**Commission**_
_**shall**_ _**establish**_ _**each**_ _**year,**_ _**during**_ _**the**_ _**last**_ _**three**_ _**monthsn a**_
_**report**_ _**on the**_ _**appiIcation**_ _**of the Charter by the Member States**_
_**and by the European**_ _**Community.**_

```
                 - 260 
FREEDOM OF MOVEMENT

  Are there any restrictions other than those justified on
  grounds of public order, public safety or public health which
  would prevent any worker of the European Community from moving

   freely ?

   Are there any new initiatives to guarantee the right of
   residence to workers who, in exercising their right to freedom
   of movement, engage in any occupation or profession ?

   Are there any obstacles preventing a worker who has exerciced
   his right to freedom of movement from engaging in any
   occupation or profession under the same rules applying to

   nat ionaIs ?

   Are there any new initiatives to reinforce the rights to
   freedom of movement and equal treatment in all types of
   occupation or profession and for social protection purposes ?

3. What measures exist to :

     encourage family reunification;

     encourage the recognition of diplomas or equivalent
     occupational qualifications acquired in another Member

     State;

     improve the living and working conditions of frontier

     workers ?

EMPLOYMENT AND REMUNERATION

   Are there any particular provisions, apart from the regulations
   governing each occupation, restricting the freedom of choice
   and the freedom to engage in an occupation for certain
   categories of people ?

     Are there any legislative or agreement-based provisions,
     practices or Judgements to guarantee fair remuneration for

     workers ?

```

```
                 - 261 
     Is there an equitable reference wage for workers subject to

     terms of employment other than an open-ended full-time

     contract ?

     Where wages are withheld, seized or transferred, does

     national law make provisions for measures to enable the

     worker to continue to enjoy the necessary means of

     subsistence for him or herself and his or her family ?

  Under what conditions does an individual have access to public

  placement services free of charge ?

IMPROVEMENT OF LIVING AND WORKING CONDITIONS

  Give a brief description of measures taken in the following

  areas :

     duration and organization of working time-,

     forms of employment other than open-ended full-time

     contracts;

     procedures for collective redundancies and for bankruptcies

  Does every worker of the European Community have the right to
  annual paid leave and a weekly rest period ?

  Are they organized on a legal basis or by collective

  agreement ?

  What is their duration ?

  Under what conditions are they granted ?

  How are the conditions of employment of every worker defined ?
   Is a written document required ?
  Are they stipulated in laws ?
   In a collective agreement ?
   in a contract of employment ?

  Are there any exceptions ?

SOCIAL PROTECTION

10. - How is social protection for workers organized in order to
     guarantee an adequate level of social security benefits ?
     On what basis and according to which criteria ?
     Is there a generalized social protection system ?
     For what categories of persons ? ?

```

```
                 - 262 
     What provisions are there to allow persons excluded from
     the labour market and having no means of subsistence to

     receive sufficient benefits and resources ?

FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING

11. - Are there any obstacles to prevent employers and workers of
     the European Community forming professional organizations

     or trade unions ?

     Does an employer or worker have the right to join or not to
     Join such organizations without suffering any personnal or
     occupational damage ?

12. What are the procedures for negotiating and concluding
   collective agreements ?

  Are there any obstacles preventing employers or employers'
  organizations and workers' organizations from négociâting and
   concluding collective agreements ?

13. - What are the regulations governing the exercising of the
     r ight to str ike ?

     What measures are there to encourage conciliation,
     mediation and arbitration procedures for the settlement of
     industr iaI disputes ?

14. - With regard to the right to strike, what internal legal
     order applies to the civil service in general and to the
     police and armed forces in particular ?

VOCATIONAL TRAINING

15. - What are the conditions governing access to vocational
     training ?

     Are there any new initiatives to offset or to ban
     discrimination on grounds of nationality with regard to
     access to vocational training ?

     Are there continuing and permanent training systems
     enabling every person to undergo retraining ?

```

```
                - 263 
     Are these systems the responsibility of the public
     authorities, of undertakings or of the two sides of
     industry ?

EQUAL TREATMENT FOR MEN AND WOMEN

16. - How is equal treatment for men and women implemented and

     assured ?

     What initiatives have been taken to intensify action to
     ensure equal treatment for men and women ?

     Are there any measures to enable men and women to reconcile
     their occupational and family commitments ?

INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS

17. Is there a system for information, consultation and
   participation of workers, particularly within companies
   established in two or more Member States ?

18. - What measures or practices are there relating to the
     information, consultation and participation of workers ?

     To which particular cases do such provisions refer ?

     Is such information, consultation and participation
     implemented at least in the following cases :

    - the introduction of technological changes into
     undertakings;

        restructuring operations in undertakings;
    - collective redundancy procedures;
    - where transfrontier workers in particular are affected by
     employment policies pursued by the undertaking where they
     are employed ?

HEALTH PROTECTION AND SAFETY AT THE WORK PLACE

 19.- In which areas or sectors do Community Directives lay down
     more favourable provisions than those currently in force in
     your country 7

```

```
               -. 264 
     With regard to health and safety, is there any provision
     for worker participation in decision-making, and what are
     the procedures ?

PROTECTION OF CHILOREN AND ADOLESCENT

20. What Is the minimum employment age for young people ?

21. Are there specific provisions to regulate the remuneration of
  young people ?
  What are the basic procedures ?

22. Are there specific provisions to regulate the duration of work,
  night work and vocational training for young people 7

23. Following the end of compulsory education, are young people
   entitled to initial vocational training aimed at enabling them
   to adapt to the requirements of their future working life 7

THE ELDERLY

24. What provisions are there to ensure that every worker of the
   European Community is able, at the time of retirement, to enjoy
   resources affording him or her a decent standard of living 7

25. Is there a protection system enabling every person who has
   reached retirement age but who is not entitled to a pension to
   have sufficient resources and/or medical and social assistance

   suited to his or her needs 7
```

**`What are the basic procedures`** _**7**_

```
DISABLED PERSONS

26. What concrete measures are there to facilitate the social and

   occupational integration of the disabled 7

```

```
                - 265 
IMPLEMENTATION OF THE CHARTER

27. How are the fundamental social rights contained in the Charter
  guaranteed 7

```

###### **ANNEXE II**

```
Initiative Adoption and progress

                      in the Comnission

THE LABOUR MARKET

```

```
 Progress in

 the Council

under discussion

```

```
Progress

in the ESC

```

```
Progress

in the EP

```

```
Employment in Europe' report

'Observatory' and documentation
system on employment

- NEC Network of Employ. Co
ordinators

- MISEP - Mutual Inform. System on
Employ. Policies

- SYSDEM

European System of Docum. on

Employment

Action programmes on employment
creation for specific target groups

- ERGO

Action Prograrrme for the long-term
unemployment

- LECA

Local Employ. Develop. Act. Progr.

- SPEC

Support Progr. for Employ. Creation

- ELISE

European Info. Network on local
Employ. Initiative

Monitoring and evaluation of the
activities of the European Social

Fund

- Annual Report

Revision of Part II of Regulation
1612/68 on the clearance of vacancies

and applications for employment and
the related procedural decisions

(SEDOC)

(legal basis: Art. 49)

```

```
Every year a Report:

June 1990, July 1991,

1st meeting 6 April

1990

launched in 1982

launched in October

1989

```

three year programne
1989-1991

```
launched in 1986; at

present third phase

(1990-1993)

scheduled for 3 yrs (at
the request of the EP)

from 1990-1992

set up in January 1985

scheduled for Dec.

Adopted by the CCM

5.9.1991 - OCM (91) 316

final

```

```
Ini tiative Adoption and progress

                      in the Conmission

EMPLOYMENT AND REMUNERATION

```

```
Progress

in the ESC

```

```
Opinion on the introduction of an
equitable wage by the Member States

Directive on contracts and employment relationships other than fulltime open-ended contracts (atypical
work; 3 proposals)
- Working condit.
 (legal basis: Art. 100)

 distortions of competition
 (legal basis: Art. 100A)

 health and safety
 (legal basis: Art. 118A)

```

`Proposal <XM(90)228/II` jOpinion OJ C
`final of 29.6.90 OJ C` 31.12.1990

```
224, 8.9.1990

```

```
Adoption by Conmission

is scheduled for

December

```

```
OCM( 90)228/1

29.6.90 OJ

8.9.1190

```

```
final of Opinion OJ C 332,
C 224, 31.12.1990

```

```
    Progress

     in the EP

Opinion OJ C 324,
24.12.1990 (rejects
the legal basis

chosen by the OCM. )

```

```
Opinion: first
reading : OJ C 295,

26.11.1990 second

reading : given in
May 1991

```

```
Proposal CCM(90)228/II Opinion OJ C
final of 29.6.90 OJ C 31.12.1990

224, 8.9.1990. Anended
proposal :CQn( 90)533/1
final OJ C 305,

5.12=1990

```

332,

```
332,

```

```
 Progress in

 the Council

under discussion

under discussion

Final adoption on 25

June 1991

```

```
Opinion:
reading OJ

26.11.1990

```

```
 first

C 295,

```

```
Initiative Adoption and progress

                       in the Conmission

IMPROVEMENT OF LIVING AND WEKINS

OCNDITICNS

```

```
Progress

in the ESC

```

```
Progress

in the EP

```

```
C 60,

```

```
Opinion :
reading OJ

18.03.1991

```

```
Directive for the

working time (118A)

```

```
adaptation, of

```

```
Proposal: OCM(90)317 Opinion OJ
final of 5.12.90, OJ C 8.3.1991

254 9.10.1990

Amended proposal :
OCM(9l) 130 final of

23.4.1991

```

```
 first

C 72,

```

```
Council Directive on the introduction

of a form to serve as proof of an
employment contract or relationship
(100)

Revision of the Council Directive of

17 February 1975 (75/129/EEC) on the
approximation of the Member States
pertaining collective redundancies

Memorandum on the social integration
of migrants from non-member countries

```

```
Proposal: Œ M (90) 563 Opinion: given
final of 8.1.91, OJ C April 1991
24, 31.1.1991

Adopted by the CCM on

18.9.1991

Adopted by the Œ M in
Sept. 1990 (SEC (90)
1813 final)

```

```
 Progress in
 the Counc i1

under discussion

Final adoption by

Counc il on

14.10.1991, OJ L 288

of 18.10.1991

```

```
in

```

```
Opinion given
July 1991

```

```
in

```

```
Initiative Adoption and progress

                      in the Conmission

FREEDOM OF MOVEMENT

Revision of Conmission Regulation Depends on the adoption)

```

```
 Progress in

 the Council

under discussion

```

```
Progress

in the ESC

```

```
Progress

in the EP

```

```
(EEC) No 1251/70 of 29.6.1970 on the

right of workers to remain on the
territory of a Member State after
having been employed in that State

Proposal for a regulation extending
Council Regulation (EEC) N° 1408/71
on the application of social security
schemes to employed persons, to
selfemployed persons and to members
of their families moving within the
Cccmunity and Council Regulation
(EEC) N° 574/72 (laying down the
procedure for implementing Regulation
N° 1408/71 ) to all insured persons

(51 & 235)

Proposal for a Conmunity instrument
on working conditions applicable to
workers from another State performing
work in the host country in the
framework of the freedom to provide
services, especially on behalf of a
subcontracting undertaking (Art. 57
& 66)

Proposal for a Conmunity instrument

on the introduction of a labour

clause into public contracts

Conmunication on supplementary social
security schemes

```

```
of the revision of part
I of Regulation 1612/68

```

```
To be adopted by

OCM in Dec. 1991

```

```
the

```

```
Œ M (91) final
August 1991;

```

```
of 1 18.9.1991 1st

   meeting study group

```

```
The subject of this

instrument is dealted

within the above

proposal

Conmunication SEC (91) under discussion Discussion started

1332 final of 22.7.91

```

```
Initiative Adoption and progress

                      in the Commission

SOCIAL PROEBCTICN

```

```
Progress

in the ESC

```

```
Progress

in the EP

```

```
Recommendation on social protection:
convergence of objectives

Reccmnandation on common criteria

concerning sufficient resources and

social assistance in the social

protection systems

FREEDCM OF ASSOCIATICN AND COLLECTIVE

BARGAINING

Conmunication on the role of the

social partners in collective
bargaining

```

```
Proposal :CCM (91)

final of 26.6.1991

```

```
228 under discussion

```

`Proposal :` _(XM_ `(91) 161`

```
final of 13.5.91, OJ C

163, 22.6.1991

Conmunication is

scheduled for Dec. 1991

Proposal: Œ M (90) 581 Opinion
final of 25.1.91, OJ C 6.5.1991

39, amended proposal to

be transmitted to the

Counc i1.

Adopted on 10.7.91 by

the Conmission; COM

(91) 259 final of

3.9.91

```

```
INFCRMTION,

PARTICIPATION

```

`CONSULTATION` _**Am**_

```
European Wforks Council

Reccmnandation of the Counc i1
equ i tysha r i ng and financial
participation by workers

```

```
OJ C 120, Opinion: given
       July 1991

       under discussion

```

```
in

```

```
 Progress in

 the Council

under discussion

Discussion started

under discussion

```

```
Initiative Adoption and progress

                      in the Commission

```

**BQCKL** **TOEA1MENT** **FOR** **MEN AND WMEN**

```
 Progress in

 the Council

Adoption of common
position scheduled

for Council on Dec

3, 1991

Council Resolution

of 21.5.1991 OJ C

142, 31.5.1991

On the agenda of 3rd

December Council.

```

```
Progress

in the ESC

```

**Directive** **on** **the** **protection**
**pregnant women at work**

```
Proposal: CCM(90) 406 Opinion: OJ
final of 17.10.90, 18.2.1991

decision: 11.09.90, OJ

C 281, 9.11.1990.

Anended proposal:
OCM(90) 692 final OJ C

25, 1.2.91

```

```
Proposal: CCM(90) 406
final of 17.10.90,

decision: 11.09.90, OJ

C 281, 9.11.1990.

Anended proposal:
OCM(90) 692 final OJ C

25, 1.2.91

```

```
of

```

```
C 41,

```

```
    Progress

    in the EP

Opinion: 1st reading
in Dec. 1990, OJ C

19, 28.01.1991

Opinion given in
November plenary

session 1991

```

```
3rd Cty programme on equal
opportunities for women

Recommendation concerning child care

Recommendation concerning a code of
good conduct on the protection of
pregnancy and maternity

```

```
Proposal: OCM (91) 233 1st study group
final of 28.8.1991 meeting on 20.9.1991

Proposal will be
presented after the
adoption of the common
position concerning the
protection of pregnant

women at work

```

```
OCM (90)

6.11.1990

```

```
449 final,

```

```
 Progress in

 the Council

Council decision

adopted the 25.06.91

```

```
Ini tiative Adoption and progress

                      in the Conmission

VOCATIONAL TRAINING

```

```
Progress

in the ESC

```

```
Progress

in the EP

```

```
Proposal for a Community instrument
on access to vocational training

Updating of the 1963 proposal for a
Council decision on the general
principles for implementing a common
vocational policy

Communication on the rationalization

and coordination of vocational

training programmes at Community

level

Proposal concerning the joint
progratrm for the exchange of young
workers and youth exchanges

```

```
early 1992

spring 1992

Adopted by OCM the
21.8.1990 OCM (90) 334

final

OCM (90) 467 of

15.10.90, OJ C 322 of

21.12.90

```

```
Initiative Adoption and progress

                       in the Commission

HEALTH PROTECTION AND SAFEIY AT THE

WXKPLACE

```

```
Progress

in the ESC

```

```
Progress

in the EP

```

```
Proposal for a Council Directive on
the minimum health and safety
requirements to encourage improved

medical assistance on board vessels

Proposal for a Council directive on
the min. health and safety
requirements for work at temporary or
mobile work sites (Art. 118A)

Proposal for a Council directive on
the minimum requirements to be
applied in improving the safety and
health of workers in the drilling
industries (118A)

Proposal for a Council Directive on
the minimum requirements to be
applied in improving the safety and
health of workers in the quarrying
and open-cast mining industries
(118A)

```

```
 Progress in

 the Council

Common position

adopted on October

1st, 1991

Adoption scheduled

for the Social

Affairs Council

meeting on 3.12.91

under discussion

```

```
 first

C 48,

 second

opinion

   in

plenary

```

```
Proposal: CCM(9l) 272 Opinion:

final OJ C 183, 21.12.90

27.04.90.

Anended proposal:

OCM(9l) 65 final

OJ C 74 r 20.03.91

```

```
Opinion:
reading OJ

25.2.91,

reading:

delivered

November

1991

```

```
Opinion, 1st reading

OJ C 72, 18.3.91

Opinion: 1st reading
given in the plenary
session October 1st,

91

```

```
Proposal: OCM(90) 275 Opinion:
final SYN 279; OJ C 20.03.91

213, 28.8.90; amended

proposal: CCM(9l) 117
final, decision: 9.4.91

OJ C 112, 27.4.91

```

```
OJ C 3323,

 given on

```

```
Proposal: OCM(90) 663 Opinion: OJ C 191,
final, 22.7.91

decision: 19.12.90 OJ C

32, 7.2.91

To be adopted by the

OCM in December 1991

To be adopted by

the OCM in December

1991

```

```
Proposal for

the min.

requirements

(118A)

```

```
a Council Directive on

safety and health
for fishing vessels

```

```
Initiative Adoption and progress

                      in the Conmission

```

```
Progress

in the ESC

```

```
Progress

in the EP

```

```
PROTECTION

ADOLESCENTS

```

```
OF CHILDREN AND

```

```
Council Directive on the

approximation of the laws of the

Member States on the protection of
young people (118A)

THE ELDERLY

Conmunication and proposal for
Decision concerning the elderly

THE DISABLED

Proposal for a Council Decision
establishing a 3rd Community action
programme for disabled people
(HELIOS) for the period 1992-1996

Proposal for a Council Directive on

the introduction of measures aimed at

promoting an improvement in the

travel conditions of workers with

```

```
To be adopted by the

OCM in December 1991

Communication of the Opinion on the
Commission and proposal decision: OJ C 225,

for a decision 10.9.1990

proposai: CCM(90) 80/1

final of 24.4.90

Adopted by the COM on
September 2, 1991,

OCM(9l) 350 fin. of

23.10.91

```

```
Opinion

decision:

12.11.90

jRaporteur

J18.9.1991

```

```
 on the

OJ C 285,

named on

```

```
 Progress in

 the Council

Adopted by the

Council on 26.11.90

OJ L 28, 2.2.91

under discussion

```

```
C 191, 1st reading in

     November plenary

     1991

```

```
Proposal

16.3.91

```

```
OJ 68, Opinion: OJ

        of 22.7.91

```

```
Initiative Adoption and progress

                      in the Commission

```

```
Progress

in the ESC

```

```
 Progress in

 the Council

On the agenda of 3rd

December Council

Final adoption on

25.6.91, OJ L 206,
29.7.91 (91/382/EEC)

```

```
Recommendation to the Member States

on the adoption of a European

schedule of industrial diseases

Proposal for a Council Directive on
the minimum requirements for safety
and health signs at the workplace
(118A)

Proposal for a Council Directive on
the min. safety and health
requirements regarding the exposure
of workers to the risks caused by
physical agents (118A)

Proposal for a Council Directive
amending Directive 83/447/EEC on the
protection of workers from the risks
related to exposure to asbestos at

work (118A)

Proposal for a Council Directive on
the nu^irnum safety and health
requirements for activities in the
transport sector (118A)

Council Regulation for the
establishment of a safety, hygiene
and health agency (235)

```

```
Commission recommenda
tion 90/326/EEC,

22.5.90, OJ L 160,

26.6.90

Proposal: CCM(90) 664| Opinion: given
final, decision: 24 April 1991

19.12.90, OJ C 53,

28.2.91

To be adopted by the

OCM in December 1991

```

```
on

```

```
    Progress

    in the EP

Opinion: 1st reading
given in July 1991

Opinion: 1st reading
OJ C 284, 12.11.90;

2nd reading: OJ C
129, 20.5.91

```

```
Proposal: OQM(90) 184 Opinion: OJ

final 12.6.90 31.12.90

Amended proposal:
CCM(90) 539 final,

6.11.90

To be adopted by the

OCM in december 1991

```

`OCM(90)` _564_ `final OJ C`

```
271, 16.10.91

```

```
C 332,

```

**ISSN0254-U75**

##### **COM (91) 511 final**

# **DOCUMENTS**

### EN 04 Catalogue number : CB-CO-91-573-EN-C ISBN 92-77-78566-7

**Office for Official** **Publications** **of** **the** **European Communities**

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