CELEX: 51973PC1979
Language: en
Date: 1973-11-26
Title: PROPOSAL FOR A Recommendation of the Council addressed to the Member States regarding the application of the principle of the 40 hour week and 4 weeks' annual paid holidays (submitted to the Council by the Commission)

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COM (73) 1979
Vol. 1973/0352
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(73)1979 final
                                                            Brussels , 26 November 1973
                                  , PROPOSAL FOR A
    Recommendation of the Council addressed to the Member States regarding the
                                                                               •
 application of the principle of the 40 hour week and 4 weeks' annual paid holidays
                                                                                         i
                                                                           . .   ... i
                                                     •   y    . .            .         .   .
                    ( submitted to the Council "by the Commission)
   COM(73 ) 1979 final
 ---pagebreak---                  Proposal for a Racommendai; Aon of "tha Council addoreseeu
                  to the Member States regarding the application of the
                  principle of the 40-hour week and 4 weeks' annual paid
                  holidays
Explanatory Statement
The legal situation regarding the regulation of working hours and
annual paid holidays in the Community presents a varied picture, with
wide disparities between individual Member States .    Legal working hours
vary between 40 and 48 hours per week, and annual paid holidays between
12 and 24 working days per year .  In certain Member States working hours
and annual paid holidays are not governed by legislation at all , but by
freely negotiated collective agreements , and in those countries where
legislation does cover these subjects , collective agreements normally
set out more generous terms . However, even the working hours regulated
by collective agreements vary between 40 and 44> and annual paid holidays
between 12 and 24 throughout the enlarged Community .
The Council of the European Communities has been considering this problem
in the framework of Article 117 of the EEC Treaty in which the Member
States agree upon the need to promote improved working conditions and an
improved standard of living for workers , so as to make possible their      '
harmonisr.tion while the improvement is being maintained .   Introducing
minimum standards throughout the Community for working hours and annual
paid holidays would mark an important step along the road towards an ■
effeotive improvement of working conditions and an improved standard of
living. Much progress has already been made in this direction, but in
view of the disparities which still prevail between sectors and countries,
the Council considers that the time is now right for introducing the
principle of the 40 hour week and 4 weeks' annual holidays in all sectors
and throughout the Community .
 ---pagebreak---                                                          V/ 1 285/73-E
 The Council has therefore included this objective in the Community Social
Action Programme, in which Article I 5 is 'the designation as an immediate
 objective of the overall application of the principle of the 40 hour week
between now and 1975 , and. the principle of 4 weeks' annual paid holidays
between now and: 1 97.6 ' •
The achievement of this goal would make for definite progress towards what
the Heads of State or Government called an improvement of the quality of
life.' It is intended that this improvement "should result from economic
expansion, the firm aim of which should be to enable disparities in living
conditions to be reduced .     Applying minimum standards such as the 40-hour
week and 4 weeks' annual paid , holidays wpuld be instrumental in enabling
these disparities to be reduced, thereby helping to achieve the bread
objectives which the Member Ftates set themselves at the Paris Summit
Conference of October 1972 .
The present disparities in working hours and annual paid holidays also
present a barrier to the full completion of a Community employment market .
If effective mobility of the labour market is to be brought" about in order
to make the most efficient use So the human resources available, then work­
ers should be entitled to expect minimum standards in working hours and
holiday allowances throughout the Community.      At the moment the fact that
differing standards exist inevitably implies a certain distortion of the
employment market , leading to an imbalance in the conditions of competition.
Therefore in order to help overcome the present distorted situation on the
labour market , and the resulting influence on competition between Member >
States, the principle of the 40 hour week and 4 weeks 5 annual paid holidays
should be introduced with a view to co-ordinating and harmonising efforts
already made in this field.
                                                        ■ .                 /•• , •
In putting forward this recommendation the Council is particularly aware . .of
the responsibilities incumbent upon the Commission pursuant to Article 118
of the EEC Treaty, in which its designated task is one of promoting close ■
co-operation between Member States , particularly in matters relating to
employment , labour law and working conditions . But in view of the obser­
vations already made regarding the lack of legal competences of certain
Member States in this field, action must also be provided for as regards
collective agreements .     Consequently, while fully respecting the autonomy
and independence of the two sides of industry, the Council intends to
pursue a policy aimed at encouraging close collaboration between employers
 ---pagebreak---                                     - 3 -                 v/1 285/7 3-E
and workers on these questions .   Where the application of the principle of
the 40 hour week and 4 weeks' annual paid holiday depends partly or entirely
cn negotiations and collective agreements between labour and management ,
the appropriate provisions must be made to enable the necessary close
collaboration to take place .
Furthermore , the general application of the principle of the 40 hour week
and 4 weeks * annual holidays has a direct effect on the general economic
policies of the Member States .   The Council would therefore like to stress
the importance of this recommendation in the move towards ensuring the
co-ordination of these general economic policies pursuant to Article 145
of the EEC Treaty .   An approximation of national legislative provisions
on the 40 hour week and \ weeks' annual holidays would go a long way
towards ensuring its general application throughout the Community .     The
Council , therefore , calls upon the Member States to take stock of the
present situation and advance the legitimate rights of workers within the
Community ,
 ---pagebreak---                                                             V/ 1285/73 E
                    n .B^^snftvfilon of the ^cntnoii . addreBgoq to
      the Member States regarding the application of the principle
       of the 40 hour week and 4 weeks * annual paid holidays
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 145 thereof ,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee .
HECQMMEHDS THE MEMBER STATES :
- to take the appropriate steps through national legislation and/or
   where appropriate , through close collaboration with the Social
   Partners leading to collective agreements , to ensure that :
              - the principle that the nQt&©iSl , :.working week (ie
                  before overtime rates become applicable ) should
                  not exceed 40 hours is applied in all sectors
                  and throughout the Community by 31 December 1975
                  at the latest ,
              - working hours are spread in principle over five
                 working days , allowance being made for sectors and
                 branches of the economy where this proves
                  impracticable (for example the retail trade,
                 agriculture , etc .),
              - the application of the principle of the 40 hour
                 week does not imply any reduction in the earnings
                 received by any worker in the Community,
 ---pagebreak---                                  - 2 -
            -  4 calendar weeks are introduced as a minimum standard
               ior annual paid holidays' -in all. sectors and throughout
               the Community, "by. 31 December 1976 at the latest ,
            -  any provisions governing the question of holiday pay
               are amended, if necessary , to take account of the
               application of the principle of 4 weeks' annual paid
               holidays , and that the application of this principle
               has no detrimental effect on workers in respect of
               holiday pay ,
            -  the principle of the 40 hour week and 4 weeks' annual
               paid holidays is applied to all public service
               employees within the time limits stated above ,
            -  the Commission is kept informed of the application of
               the terms of this recommendation, and to this effect
               reports are submitted to the Commission on the
               measures taken to implement the terms of this
               recommendation at the expiry of the respective dead­
               lines indicated above .
Done at Brussels ,
       ,                               For the Council
                                       The President