CELEX: 51979PC0436
Language: en
Date: 1979-07-20
Title: REVISED DRAFT OF COMMISSION DECISION CONCERNING THE CREATION OF SPECIAL TEMPORARY ALLOWANCES TO ASSIST WORKERS IN THE IRON AND STEEL INDUSTRY UNDER THE COMMUNITY RESTRUCTURING PLAN

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 436
Vol. 1979/0151
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(79 ) 436 final .
                                                   Brussels , 20 July 1979
                                                     %
                                   £ R
                                    C*     '
                                                    D> i * 1ci
                                           £   '      :--î/
                     REVISED DRAFT OF COMMISSION DECISION
           CONCERNING THE CREATION OF SPECIAL TEMPORARY ALLOWANCES
           TO ASSIST WORKERS IN THE IRON AND STEEL INDUSTRY UNDER
                       THE COMMUNITY RESTRUCTURING PLAN
C0M(79 ) 436 final .
 ---pagebreak---                             Revised   DRAFT
 Commission Decision concerning "the creation of special temporary allowances
. to assist workers in the 'iron and steel industry under the Community
                           restructuring plan
  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Coal and Steel Community ,
  and in particular Articles 2 , 3 and 95 thereof ,
  HAS ADOPTED THIS DECISION :
 Article 1
  1 . Special      measures in favour of workers f whoever the "beneficiaries
      of such measures may "be , in iron and steel firms and iron-ore mines in
      the Community, whose posts are directly or indirectly abolished or
      threatened in consequence of a restructuring plan adopted byJfcjje.
      undertaking , the group of undertakings or the public authorities in
      accordance with "General Objectives – Steel ", shall "be eligible for the
      aid granted by the Commission for ECSC readaption ,,
      These measures shall take the form of :
      – allowances for early retirement ,
      - other allowances for adjusting the conditions and duration of work .
 2, The allowances shall be granted on condition that the social partners'
      independence of decision-making is not affected and that the adjustments
      have a positive effect on employment without immediately or subsequently
      adversely effecting the competitiveness of undertakings 0
Article 2
 xhe granting of special allowances shall be dependent on the payment by
the State concerned of contributions at least equal to the amount of
allowances granted, unless a derogation is authorised by the Council by a
two-thirds maj ority„
Article 3
1 . The allowance for early retirement shall be granted with effect from a
      certain age , which may differ among Member States and which cannot be le^s
      than 55, to workers referred to in Article 1 who cease their activity and
 ---pagebreak---      who are not yet entitled to the Legal retirement pension when such workers
     free a post which is taken "by a worker threatened with dismissal as a
     result of restructuring or when the early retirement of such workers ic
      likely to facilitate the enhancement of productivity required by a general
     restructuring plan .
     In either case , the period during which the allowance is granted may not
     exceed three years .
     The minimum age may "be lowered for workers in a particularly arduous job ,
     for handicapped workers,   and for workers who , for at least ten years , were
     engaged in shiftwork .
 2 . The allowance cannot exceed 50 fo of the difference "between the income
     guaranteed to the worker who retires early "by virtue of national measures
     and the amount of unemployment allowance to which the worker would have
     a right in the case of dismissal . The allowance shall not "be less than
     a minimum amount to "be set for each Member State in accordance with the
     procedure set out in Article 6 .
Article 4
The allowance for the adjustment of the conditions and duration of work shall
"be granted to :
 1.     workers whose working time is reduced with a view to enabling
        redundancies caused by partial or complete closure of an undertaking to
         be spread over a period of time .
         For each hour not worked, the allowance cannot exceed 25 % of the
        difference between the wage normally due and the benefits granted in the
        event of a reduction in working timej
 2.     undertakings which adjust the cycle of work on behalf of the workers
        referred to in Article 1 .
        The allowance cannot exceed 25 !fo of the wage costs of the workers whose
        employment is maintained as a direct result of the introduction of the
        adjustment .
         The allowance shall be granted for a maximum of three years . The amount
         shall be reduced to three-quarters of the initial amount during the
         second year and to half the amount during the third year ;
 ---pagebreak---                               - 3 -
 3 . – workers affected "by a reduction m overtime whose incomes do not
        reach the minimum corresponding to the average wage ( including
        hours worked overtime) of an unskilled worker .
      ■ The allowance cannot exceed 25 % of the difference "between the wage paid
        to workers before the abolition of overtime and the wage paid after the
        abolition .
        The allowance may not exceed an amount equal to that of the allowance
        calculated on the "basis of the average wage ( including overtime) of an
        unskilled worker .
        The allowance shall be granted for a maximum of three years . The amount
        shall be reduced to three–quarters of the initial amount during . the
        second year and to half the amount in the third year following the entry
        into force of this Decision .
 Article 5
The wage referred to in Article 4 shall be understood to mean the gross wage
after deduction of taxes and including the social security contributions of
the worker .
Article 6
Pursuant oo this Decision , the Commission ! having established that the
restructuring plan complies with the "General Objectives - Steel ", shall,
with the Member State concerned, agree the social measures to be implemented
on behalf of the workers referred, to in Article 1 , as well as the ways and
means , more especially as regards :                             '          .
– the method of allocating costs,.
– the definition of the bases for calculation of each of the special
   allowances ,                     ...
   the designation of the organisations charged with making the payments, *
– th£ presentation of requests,
– the methods of paying the allowances .
Article 7                                                          v
                     – - - --                                        « ____
The special allowances may be granted for social measures adopted since
to be taken unti I                       .
This Decision shall enter into force on the fifth day following its publication
 in the Official Journal of the European Communities .
This Decision shall be binding in its entirety and directly applicable in all
Member States .
                                                   For the Commission ,