CELEX: 31971R2395
Language: en
Date: 1971-11-08 00:00:00
Title: Regulation (EEC) No 2395/71 of the Council of 8 November 1971 on the organisation of a survey on the structure and distribution of wages and salaries in industry

Official Journal of the European Communities                                    921
  No L 249/52                           Official Journal of the European Communities                               10.11.71
                              #   REGULATION (EEC) No 2395/71 OF THE COUNCIL
                                                      of 8 November 1971
                on the organisation of a survey on the structure and distribution of wages and salaries
                                                           in industry
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          surveys on the structure and distribution of wages
                                                                    and salaries must therefore be based on uniform
  Having regard to the Treaty establishing the                      definitions and made according to a uniform method;
 European Economic Community, and in particular
  Article 213 thereof;                                              Whereas the best method of ascertaining the position
                                                                    and the trend of the structure and distribution of
 Having regard to the draft regulation submitted by                 wages and salaries in industry is to carry out a
  the Commission;                                                   specific Community survey as was done in 1966 in
                                                                    implementation of Regulation No 188/64/EEC7;
  Whereas, in order to carry out the tasks entrusted to
  it under the Treaty, and in particular by Articles 2, 3,          Whereas, owing to changes which occur in the
  117, 118 , 120 and 122 thereof, the Commission must               structure of the labour force and the distribution of
 be kept informed of the position and trend of wages                wages and salaries, the results of the survey for the
  and salaries in the six countries of the Community                year 1966 can only be considered valid for a certain
 both as regards fluctuations resulting from the struc­             period of time; whereas it is consequently desirable
 ture of the labour force and as regards the distribution           to carry out a fresh survey based on data for the year
  of workers among wage or salary levels ;                          1972 in order to bring up to date the results of the
                                                                    preceding survey;
 Whereas, furthermore, paragraph 6 of the Resolution
 of the Conference of Member States of 30 December
                                                                    Whereas it is important to obtain, by means of a
  1961 on equal pay for men and women provided for                  single uniform survey, a complete picture of the
  a survey on the structure of wages and salaries ;                 structure and distribution of wages and salaries for
                                                                    the whole of the employed labour force (manual and
  Whereas the surveys on wages and salaries carried                 clerical workers ; supervisory and executive staff) and
 out in implementation of Regulations No 10,1 No                    for the whole of industry including the energy and
  14,2 No 28,3 No 151 ,4 No 101/66/EEC5 and (EEC)                   water sectors and the building industry and civil
 No 1899/68 6 on the basis of statistical information
                                                                    engineering; whereas it is therefore necessary, in view
 for the years 1959-69 only supplied averages based                 of the scope of the investigation, to carry it out by
 on aggregate data and could not indicate what                      means of random sampling, so that it does not
 relation there is between salaries and the individual
                                                                   constitute too heavy a burden on undertakings and
 characteristics of the workers concerned (age, sex,               on the budget of the European Communities ;
 occupational qualification, seniority, etc) nor how
 wages and salaries are distributed around an average;
                                                                   HAS ADOPTED THIS REGULATION :
 Whereas     statistical information in that field is
 available in some Member States only and does not
 provide a valid basis for comparison; whereas                                             Article 1
                                                                   The Commission shall carry out a survey on the
'1  OJ No 56, 31.8.1960, p. 1199/60.                                structure and distribution of wages and salaries for
 2  OJ No 55 , 16.8.1961 , p. 1054/61 .                             the whole of the labour force in industry on the basis
 3  OJ No 41 , 28.5.1962, p. 1277/62 .                              of statistical information for the month of October
 4  OJ No 133, 13.12.1962, p. 2841/62.
 5  OJ No 134, 22.7.1966, p. 2540/66.
 0  OJ No L 289, 29.11.1968, p. 4.                                 7 OJ No 214, 24.12.1964, p. 3634/64.
 ---pagebreak--- 922                                  Official Journal of the European Communities
1972 in respect of manual workers, and for the year                 allowances ; there shall not be shown, however,
1972 as a whole as well as October 1972 in respect of                the salary and bonuses paid to employees whose
employees other than manual, workers (clerical                      yearly remuneration exceeds an amount fixed for
workers and supervisory and executive staff).                       each country by the Commission in agreement
                                                                     with the statistical offices of the Member States .
                         Article 2
                                                                                          Article 4
The survey shall include all establishments in                                                   o
industry and, where appropriate, small craft industry.          Information shall be gathered by the statistical offices
It shall cover the whole field of industrial activity,          of the Member States by means of questionnaires
including the energy and water sectors, the building            drawn up by the Commission in co-operation with
industry and civil engineering. The scope of the                those offices .
survey shall be restricted to Divisions 1 to 5 of the
Nomenclature         of   Economic    Activities  in   the      The Commission shall, in co-operation with the
European Communities (NACE). The statistical unit               statistical offices of the Member States, determine the
shall be an establishment, whatever, its legal form,            detailed procedure for the survey, and in particular
employing not less than ten workers.                            the plan for random sampling. Furthermore, it shall
                                                                lay down in the same way the starting and closing
The survey shall be carried out by means of random              dates of the survey, the time limit for replying to the
sampling.                                                       questionnaires and also the procedure for
                                                                transmitting the results of the survey to the
Employers whose establishments are listed for                   Commission.
random sampling shall supply, as provided below,
the information needed to determine the structure               Persons required to supply information shall reply to
 and distribution of wages and salaries. -                      the questionnaire truthfully, fully, and within the
                                                                time limit set.
                           Article 3
                                                                                ,          Article 5
The following individual data shall be gathered for
                                                                Individual items of information gathered for purposes
purposes of the survey:
                                                                of the survey shall be communicated to the
 1 . Gross earnings of employees (manual and clerical            Commission without details of any names involved.
     workers ; supervisory or executive staff) for               Such    information     shall   be   used for  statistical
     October 1972, or a minimum of one full salary or            purposes only. It shall be prohibited to use the
     wage period during that month, including the                information for taxation purposes or to communicate
     various bonuses paid regularly and extra pay for            it to third parties .
     overtime, night work, Sunday work or continuous
     shift working, also family allowances paid by the           In the case of an infringement of the provisions of the
     employer either of his own accord or under a                preceding paragraph, the laws in force in each
     collective agreement; there shall not be shown,             Member State as regards statistical surveys in that
     however, the gross earnings of employees whose              State shall apply.
     remuneration exceeds an amount fixed for each
     country by the Commission in agreement with the
     statistical offices of the Member States ;                                            Article 6
 2 . Deductions in respect of social               security      The survey shall, where this Regulation does not
     contributions payable by employees ;                        otherwise provide, be carried out in accordance with
 3 . Sex, age, occupational qualification, seniority in          the laws of each Member State on statistical surveys
     the undertaking, basis for calculating wage or              in that State.
     salary, system of payment of wage or salary,
     working hours, payment of wage or salary in case
     of absence;                                                                           Article 7
 4. Number of hours paid;
                                                                 Expenditure incurred by Member States in
 5 . For each employee who is not a manual worker,               connection with the' survey shall be entered against
     the total amount of salary paid for 1972 including          appropriations provided for that purpose in the
     extra payments for overtime and all bonuses and             budget of the European Communities.
 ---pagebreak---                      Official Journal of the European Communities                      923
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 8 November 1971 .
                                                                   For the Council
                                                                    The President
                                                                      A. MORO