CELEX: 51982PC0830
Language: en
Date: 1982-12-17
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON VOLUNTARY PART-TIME WORK

22. 1. 83                          Official Journal of the European Communities                                        No C 18/5
                      Amended proposal for a Council Directive on voluntary part-time work (')
              (Submitted by the Commission to the Council, pursuant to the second paragraph of Article
                                        149 of the EEC Treaty on 5 January 1983)
                      ORIGINAL TEXT                                                              AMENDED TEXT
                                       P r e a m b l e and first r e c i t a l u n c h a n g e d
                                                                       Whereas the European Parliament, in its resolution of
                                                                        11 February 1981 (*) on the situation of women in the
                                                                       European Community, dealt with the various aspects
                                                                       of part-time work, setting the latter out in paragraphs
                                                                        16 to 18 of the resolution and laying down a number
                                                                       of criteria;
                             Second recital unchanged — becomes third recital
Whereas although part-time work has become a                           Whereas although part-time work has become a
feature of the labour market, measures have yet to be                  feature of the labour market and the number of part-
taken to guarantee part-time workers the same rights                   time workers is increasing, measures have yet to be
 as full-time employees while taking into account the                  taken to guarantee part-time workers the same rights
special features of part-time work;                                    as full-time employees while taking into account the
                                                                       special features of part-time work;
Whereas this measure is designed to complement in                      Whereas this measure is therefore designed to
the field of part-time work existing legislation on the                complement, in the field of part-time work, existing
realization of equal treatment for men and women;                      legislation on the realization of equal treatment for
                                                                       men and women;
               Fifth and sixth r e c i t a l s u n c h a n g e d — b e c o m e sixth and s e v e n t h r e c i t a l s
                                                               Article 1
This Directive covers part-time work.                                  This Directive covers part-time work.
For the purposes of this Directive, the following                      For the purposes of this Directive, the following
definitions shall apply:                                               definitions shall apply:
— normal hours of work: the normal working hours                       — normal hours of work: the normal working hours
    for any particular category of worker established                      established by legislation, collective agreement or
    by legislation, by collective agreement or by                          customary practice for any particular category of
    agreement concluded at the level of the individual                     worker in the Member States;
    establishment or undertaking;
— full-time work: work performed on a regular basis                    — full-time work: work performed on a regular basis
    for the normal hours of work;                                          for hours equal to the normal hours of work;
— part-time work: work performed on a regular                          — part-time work: work performed on a regular
    basis in respect of which an employer and a                            basis in respect of which an employer and an
    worker agree to shorter working hours than the                         employee agree to shorter working hours than the
    normal hours of work;                                                  normal hours of work;
(') OJ No C 62, 12. 3. 1982, p. 7.                                     O O J N o C 50,9. 3. 1981.
 ---pagebreak--- No C 18/6                           Official Journal of the European Communities                              22. 1. 83
                      ORIGINAL TEXT                                                  AMENDED TEXT
    full-time (part-time) worker: a worker who agrees              full-time (part-time) worker: an employee who
    with his or her employer to carry out full-time                agrees with his or her employer to carry out full-
     (part-time) work.                                             time (part-time) work.
                                                      Article 2
Part-time workers shall not be discriminated against          1.     Part-time workers shall receive the same
as compared with full-time workers in respect of              treatment as full-time workers in the same situation,
working conditions, rules governing dismissal,                except where the difference in hours of work itself
entitlement to participate actively or passively in           objectively justifies differences in treatment.
bodies representing employees and access to
vocational training, promotion, social facilities and
medical care. This is hereinafter referred to as the          2.     The fact that a worker is employed part-time
'principle of non-discrimination'.                            shall not of itself justify differences in treatment as
                                                              regards:
                                                              — working conditions, insofar as these relate to the
                                                                  content and arduousness of the work, safety and
                                                                  health protection in the workplace, the organi-
                                                                  zation and conduct of work and the working
                                                                  environment, including arrangements for the
                                                                  establishment of work schedules and the payment
                                                                  of remuneration;
                                                              — rules concerning dismissal established by legislation
                                                                  and collective agreements;
                                                              — eligibility to vote and stand as a candidate in
                                                                  elections to the bodies representing workers within
                                                                  the undertaking or establishment;
                                                              — access to vocational training;
                                                              — access to promotion;
                                                              — access to social facilities.
(Former Article 4)
1.    The remuneration, holiday pay, redundancy pay           3.     The remuneration, holiday pay and redundancy
and retirement benefits of part-time workers shall,           and retirement payments of part-time workers shall
taking account of the hours of work, be in proportion         be calculated on the same basis as and in proportion
to those of full time workers doing an equivalent job.        to those of full-time workers in the same situation.
2.     Paragraph 1 shall be without prejudice to the          4.     For the purposes of this Directive, 'remuner-
ability of the Member States to allow more favourable         ation' means the ordinary basic or minimum wage or
treatment to be given to part-time workers by means           salary and any other consideration, whether in cash or
of laws, regulations and administrative provisions,           in kind, which the worker receives directly or
collective agreements or other agreements.                    indirectly, in respect of his employment, from his
                                                              employer.
                                                      Article 3
1.    Part-time workers shall not be excluded from             1.    Part-time workers shall be covered by statutory
statutory or occupational social security schemes.            or occupational social security schemes. Their contri-
Their contributions to and benefits from such                 butions to and benefits from such schemes shall be
schemes shall be made on the same basis as for full-          made on the same basis as for full-time workers,
 ---pagebreak--- 22. 1.83                         Official Journal of the European Communities                               N o C 18/7
                      ORIGINAL TEXT                                                 AMENDED TEXT
time workers, taking account of the hours worked by            taking into account the hours of work of the part-
the part-time workers and/or the remuneration                  time workers and/or the remuneration received.
received.
2.    Member States shall be exempt from applying              2.    Unchanged.
the provisions of paragraph 1 to part-time workers
whose working hours and/or remuneration are below
the threshold of eligibility for statutory or occu-
pational social security schemes.
                                                       Article 4
                                          See Article 2 (3) and Article 9 (2)
                                                       Article 5
The nature of the part-time work, the hours of work            Should the worker concerned so request, the nature of
and the arrangements for the distribution of these             the part-time work, the hours of work and the
hours shall be specified in a written agreement                arrangements for the distribution of these hours shall
between the employer and the worker.                           be agreed in writing between the employer and the
                                                               worker.
                                             Article 6 — unchanged
                                             Article 7 — unchanged
                                                       Article 8
Recourse to part-time work shall come within the               Before the introduction of part-time work, such
scope of the procedures for the information and                procedures for the information, consultation and
consultation of workers' representatives as are in             participation of workers' representatives as are in
force for full-time workers in the Member States.              force for fulltime workers in the Member States shall
                                                               be applied.
                                                       Article 9
1.    Any provisions in breach of the preceding                1.    Member States shall take the measures necessary
Articles which are included in collective agreements           to ensure that
or individual contracts of employment shall be, or             — any laws, regulations and administrative provisions
may be declared, null and void.                                    in breach of the preceding Articles are repealed;
                                                               — any provisions in breach of the preceding Articles
                                                                   which are included in collective agreements or
                                                                   individual contracts of employment are null and
                                                                   void or capable of being declared so or amended.
                                                               — Member States may allow more favourable
                                                                   treatment to be given to part-time workers by
                                                                   means of laws, regulations or administrative
                                                                   provisions.
                                                      Article 10
 1.   Member States shall implement the laws, regu-            1.    Member States shall implement the laws regu-
lations and administrative provisions necessary to             lations and administrative provisions necessary to
 ---pagebreak--- N o C 18/8                          Official Journal of the European Communities                                      22. 1.83
                     ORIGINAL TEXT                                                         AMENDED TEXT
comply with this Directive not later than 1 January                  comply with this Directive within one year from the
 1984 and shall notify them to the Commission                        date of its adoption and shall notify them to the
without delay.                                                       Commission without delay.
2.     Member States shall communicate to the                        2.    Member States shall communicate to the
Commission the texts of the laws, regulations and                    Commission the texts of the laws, regulations and
administrative provisions which they adopt in the field              administrative provisions which they adopt in the field
covered by this Directive.                                           covered by this Directive.
                                                            Article 11
Within two years of the expiry of the period referred                Not later than three years after the entry into force of
to in Article 10, Member States shall forward to the                 the Directive, Member States shall submit a report on
Commission all necessary information to enable it to                 how the Directive is working in practice to the
draw up a report on the application of this Directive                Commission in order to enable it to draw up a report
for submission to the Council.                                       on the application of this Directive for submission to
                                                                     the Council.
                                             A r t i c l e 12 — u n c h a n g e d
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 456/80 on the
             granting of temporary and permanent abandonment premiums in respect of certain areas
                           under vines and of premiums for the renunciation of replanting
                          (Submitted to the Council by the Commission on 12 January 1983)
THE COUNCIL OF THE EUROPEAN                                          Whereas the common measure initiated by Directive
COMMUNITIES,                                                         79/359/EEC ended on 31 August 1982; whereas
                                                                     during the period of application of that Directive it
Having regard to the Treaty establishing the
                                                                     was not possible for technical reasons, especially in
European Economic Community, and in particular
                                                                     the early stages, to complete the planned programme;
Article 43 thereof,
                                                                     whereas, in order to enable the conversion operations
Having regard to the proposal from the Commission,                   to be continued, Regulation (EEC) No 456/80
                                                                     should be amended in order to extend its scope to
Having regard to the opinion of the            European              vineyards in the Charentes departments,
Parliament,
Having regard to the opinion of the Economic and
Social Committee,
                                                                     HAS ADOPTED THIS REGULATION:
Whereas, under the first indent of Article 1 (3) of
Council Regulation (EEC) No 456/80 ('), areas
falling within the scope of Council Directive                                                 Article 1
79/359/EEC of 26 March 1979 on the programme to                      Regulation (EEC) No 456/80 is hereby amended as
speed up the conversion of certain areas under vines                 follows:
in the Charentes departments (2) are not eligible for
premiums;                                                            1. In Article 1 (3) the first indent is deleted.
                                                                     2. In Article 12(1) the sum of 128-8 million
O OJ No L 57, 29. 2. 1980, p. 16.                                        European units of account is replaced by 134-3
O OJ No L 85, 5. 4. 1979, p. 34.                                         million European units of account.