CELEX: 51990PC0533(01)
Language: en
Date: 1990-10-31
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON CERTAIN EMPLOYMENT RELATIONSHIPS WITH REGARD TO DISTORTIONS OF COMPETITION

No C 305/8                             Official Journal of the European Communities                                  5. 12. 90
                                                               II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Amendment to the proposal for a Council Directive on certain employment relationships with
                                           regard to distortions of competition (')
                                               COM(90) 533 final — SYN 280
               (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 7 November
                                                             1990)
                                                        (90/C 305/06)
              (') OJ No C 224, 8. 9. 1990, p. 6.
                      ORIGINAL PROPOSAL                                                 MODIFIED PROPOSAL
Proposal for a Council Directive on certain employment             Proposal for a Council Directive relating to certain
  relationships with regard to distortions of competition          employment contracts and employment relationships
                                                                               involving distortions of competition
                                                         First Recital
Whereas it is necessary to adopt the measures intended             Whereas, pursuant to Article 8a of the Treaty, it is
to establish the internal market progressively during a            necessary to adopt the measures intented to establish the
period expiring on 31 December 1992; whereas                       internal market progressively during a period expiring on
completion of the internal market requires, inter alia, the        31 December 1992; whereas completion of the internal
elimination of distortions of competition and at the same          market requires, inter alia, the elimination of distortions
time promotion of economic and social cohesion in the              of competition and at the same time promotion of
Community;                                                         economic and social cohesion in the Community;
                                                                                             Recital 2
                                                                                               (new)
                                                                   Whereas the same Article lays down the objectives of
                                                                   establishing a market without frontiers in which the free
                                                                   movement of goods, persons, services and capital is
                                                                   ensured;
                                              Recital 2 becomes Recital 3
                                                                                             Recital 4
                                                                                               (new)
                                                                   Whereas Article 88 of the Treaty enables                the
                                                                   Commission to make proposals determining                the
                                                                   guidelines and conditions necessary for establishing    the
                                                                   internal market and ensuring balanced progress in all   the
                                                                   sectors concerned;
 ---pagebreak--- 5. 12.90                           Official Journal of the European Communities                                    No C 305/9
                   ORIGINAL PROPOSAL                                                       MODIFIED PROPOSAL
                                                                                               Recital 5
                                                                                                 (new)
                                                                      Whereas, in addition, Article 100a allows the Council,
                                                                      acting by a qualified majority, to adopt the measures for
                                                                      the approximation of the provisions laid down by law,
                                                                      regulation or administrative action which have as their
                                                                      object the establishment and functioning of the internal
                                                                      market;
                                           Recital 3 becomes Recital 6
                                           Recital 4 becomes Recital 7
Whereas this situation increases the dangers of                       Whereas this situation increases the distortions of
distortions of competition resulting from certain                     competition resulting from certain differences in
differences in treatment between undertakings of the                  treatment between undertakings of the Member States;
Member States;
                                           Recital 5 becomes Recital 8
                                           Recital 6 becomes Recital 9
Whereas the freedom of movement of workers may be                     Whereas the freedom        of movement of workers is
affected thereby;                                                     affected thereby;
                                                                                              Recital 10
                                                                                                 (new)
                                                                      Whereas the Member States must involve the two sides
                                                                      of industry in achieving the objectives set out in this
                                                                      Directive;
                                          R e c i t a l 7 b e c o m e s R e c i t a l 11
                                          R e c i t a l 8 b e c o m e s R e c i t a l 12
 ---pagebreak--- No C 305/10                          Official Journal of the European Communities                                         5. 12. 90
                    ORIGINAL PROPOSAL                                                         MODIFIED PROPOSAL
Whereas the Member States are responsible for deter-                     Whereas subject to legal provisions or collective wage
mining pay; whereas the bargaining autonomy of the                       agreements the level of pay shall be determined by
two sides of industry should be respected;                               agreements between the contracting parties;
                                                                                                 Recital 13
                                                                                                    (new)
                                                                        Whereas the growth in unprotected work is a major
                                                                         feature of the past decade;
                                            R e c i t a l 9 b e c o m e s R e c i t a l 14
                                           R e c i t a l 10 b e c o m e s R e c i t a l 15
                                                                                                 Recital 16
                                                                                                    (new)
                                                                        Whereas there are major differences between the regu-
                                                                         lations of the different countries and these differences,
                                                                        which can have a direct impact on the functioning of the
                                                                        market, should be reduced;
                                           R e c i t a l 11 b e c o m e s R e c i t a l 17
                                           R e c i t a l 12 b e c o m e s R e c i t a l 18
                                                                                                 Recital 19
                                                                                                    (new)
                                                                        Whereas this Directive based on Article 100a aims to
                                                                        reduce distortions of competition between undertakings
                                                                        if they make use to a greater or lesser extent of certain
                                                                        forms of employment which are regulated in different
                                                                        ways in the different Member States; whereas it is
                                                                        therefore without prejudice to the right of the Member
                                                                        States to take across-the-board measures under their
                                                                        social policies to improve the protection of workers;
                                                              Article 1
                                          P a r a g r a p h s 1 and 2 u n c h a n g e d
3.   This Directive shall not apply to employees whose                  3.     This Directive shall not apply to employees whose
average weekly working time is less than eight hours.                   average weekly working time is less than eight hours.
                                                                        This working time shall be calculated on the basis of the
                                                                        probable duration of the employment or, a posteriori
                                                                        taking into account all periods worked during the
                                                                        previous six months.
 ---pagebreak--- 5. 12. 90                                  Official Journal of the European Communities                                  No C 305/11
                     ORIGINAL PROPOSAL                                                            MODIFIED PROPOSAL
                                                   Articles 2 and 3 unchanged
                                                                     Article 4
"With regard to temporary employment Member States                           With regard to temporary employment Member States
shall take the necessary measures to ensure that:                            shall take the necessary measures to ensure that:
(a) national laws provide for a limit on the renewal of                      (a) the constitution of a temporary employment
     temporary employment relationships of a duration of                          relationship shall not be allowed to replace any
     12 months or less for a given job so that the total                          existing permanent job;
     period of employment does not exceed 36 months;
(b) provision is made for a form of an equitable
     allowance, in the event of an unjustified break in the
     employment relationship before the term fixed.
                             P a r a g r a p h s (a) and (b) b e c o m e p a r a g r a p h s (b) and (c)
                                                   A r t i c l e s 5 and 6 u n c h a n g e d
                                                                                                       Article 7
                                                                                                        (new)
                                                                             The Member States shall, within a period of two years
                                                                             from the expiry of the period laid down in Article 6,
                                                                             forward to the Commission all the information it
                                                                             requires to draw up a report, to be submitted to the
                                                                             Council and the European Parliament, on the implemen-
                                                                             tation of this Directive.
                                                                                                       Article 8
                                                                                                        (new)
                                                                             The Commission shall submit to the European
                                                                             Parliament, the Council and the Economic and Social
                                                                             Committee a regular report on the implementation of
                                                                             this Directive, having regard to Articles 6 and 7.
                                                   Article 7 becomes Article 9