CELEX: 51984PC0159
Language: en
Date: 1984-04-03
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE SUPPLY OF WORKERS BY TEMPORARY EMPLOYMENT BUSINESSES AND FIXED-DURATION CONTRACTS OF EMPLOYMENT

21. 5. 84                            Official Journal of the European Communities                           N o C 133/1
                                                             II
                                                    (Preparatory Acts)
                                                COMMISSION
             Amendments to the proposal for a Council Directive concerning the supply of workers by
                  temporary employment businesses and fixed-duration contracts of employment (J)
                                                    COM(84) 159 final
                (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC
                                                  Treaty on 6 April 1984)
                                                      (84/C 133/01)
                    ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
                                                 Citations unchanged
                                             Recitals 1 and 3 unchanged
                                                   Recital 2 deleted
                      Fourth recital                                                   Fourth recital
Whereas action should be taken to eliminate abuses with          Whereas action should be taken to eliminate abuses,
regard to the two main forms of temporary employment,            where they exist with regard to . . .
namely the supply of workers by temporary employment             Rest: unchanged.
businesses and the direct recruitment of workers on fixed
duration contracts, and temporary labour subcontracting
with delegation of authority should be treated as the
supply of workers by temporary employment
businesses;
                                               Fifth recital u n c h a n g e d
                       Sixth recital                                                    Sixth recital
Whereas employers' operational flexibility must be               Whereas employers' operational flexibility must, without
 maintained, in particular where they are subject to             prejudice to the rights of workers and the provisions of
 short-term fluctuations in staff numbers or economic            collective agreements, be maintained with a view in
 activity;                                                       particular to enabling them to cope with short-term
                                                                 fluctuations in staff numbers or economic activity;
 (») OJ No C 128, 19. 5. 1982, p. 2.
 ---pagebreak--- No C 133/2                           Official Journal of the European Communities                                2 1 . 5. 84
                     ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                                          Recitals 7 , 8 and 9 unchanged
Insert the following recital:                                   Whereas for these reasons it is important that, in a
                                                                relatively short time, a degree of approximation of
                                                                national laws be achieved regarding the minimum
                                                                requirement for the authorization of temporary
                                                                employment businesses necessary to protect the interests
                                                                of workers until such time as more far-reaching
                                                                harmonization becomes feasible;
                                              Final recital unchanged
                        SECTION I                                                        SECTION I
                      DEFINITIONS                                                      DEFINITIONS
                         Article 1                                                        Article 1
For the purposes of this Directive the           following      For the purposes of this Directive the           following
definitions shall apply:                                        definitions shall apply:
(a) Permanent work: Regular employment undertaken               Deleted.
    pursuant to a contract of employment or employment
    relationship of indefinite duration.
(b) Supply to temporary workers: The activity engaged           (a) Supply of temporary workers: a regular activity for
    in by any natural or legal person regularly entering             the performance of which a temporary employment
    into contracts of employment or employment                       business concludes a temporary employment contract
    relationships with workers in search of jobs for the             with workers in search of jobs for the purpose of
    purpose of placing these workers temporarily at the              placing these workers temporarily at the disposal of a
    disposal of another business for the performance of              user undertaking which holds responsibility for the
    an assignment.                                                   performance of the work involved and to which the
                                                                     employment business delegates all or part of its
    The term 'supply of temporary workers' shall also be
                                                                     authority over the workers made available to that
    deemed to cover activities engaged in pursuant to
                                                                     undertaking.
    contracts which, whilst ostensibly relating to
    temporary labour subcontracting, in reality involve
    the delegation of authority to the user
    undertaking.
(e) Temporary employment business: Any natural or               (b) Temporary employment business: Any natural or
    legal person entering into temporary employment                  legal person entering into temporary employment
    contracts or temporary employment relationships in               contracts in the capacity of employer.
    the capacity of employer.
(c) Temporary worker: Any worker who enters into a              (c) Temporary worker: Any worker who concludes a
    contracts of employment or an employment                         contract of employment with a temporary
    relationship with a temporary employment business                employment business involving his temporary
    for the purpose of carrying out work with a user                 availability to a user undertaking.
    undertaking.
(d) Permanent worker: Any worker who enters into a              Deleted.
    contract of employment of indefinite duration with
    an employer.
 ---pagebreak--- 21. 5. 84                              Official Journal of the European Communities                             N o C 133/3
                       ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
(f) Temporary employment contract: The contract or                (d) Temporary employment contract: Any contract of
     employment relationship entered into by the                       employment entered into by a temporary
     temporary employment business and the temporary                   employment business and a temporary worker by
     worker.                                                           virtue of which the worker agrees to be placed at the
                                                                       disposal of a user undertaking under a labour supply
                                                                       contract.
(g) User undertaking: Any natural or legal person to              (e) User undertaking: Any natural or legal person
     whom workers are supplied within the meaning of                   entering into labour supply contracts with a
     point (b).                                                        temporary employment business.
(h) Labour supply contract: The contract between the              (f) Labour supply contract: Any contract between a
     temporary employment business and the user                        temporary employment business and a user
     undertaking by virtue of which a temporary worker is              undertaking by virtue of which a temporary worker is
     placed at the disposal of the user undertaking for the            placed at the disposal of the user undertaking for the
     performance of an assignment.                                     performance of temporary work.
 (i) Assignment: A temporary job of work performed by             Deleted.
     a temporary worker for a user undertaking.
(j) Fixed-duration contract of employment: Any contract           (g) Fixed-duration contract of employment:             Any
     of employment or employment relationship                          contract of employment establishing a direct legal
     establishing a direct legal relationship between a                relationship between a worker and an employer for a
     worker and an employer, whose termination of                      limited period, the termination of which is
     which is determined by objective conditions such as a             determined by objective conditions such as a specified
     specified date of expiry, completion of a specified               date of expiry, completion of a specified task or the
     task or the occurrence of a specified event.                      occurence of a specified event.
                         SECTION II                                                       SECTION II
            SUPPLY OF TEMPORARY WORKERS                                      SUPPLY OF TEMPORARY WORKERS
                           Article 2                                                        Article 2
1.     Member States shall ensure that no temporary                1.     Member States shall subject the activities of a
 employment business may pursue its activities without             temporary employment business to authorization by the
 obtaining authorization from the competent authorities.           competent authorities.
 They shall moreover ensure that the activities of
 businesses so authorized are adequately supervised.
 2.     Any Member State (host country) may prohibit the           2.     Applicants for the authorization referred to in
 pursuit of activities within its territory by a temporary         paragraph 1 shall, at the least, be required:
 employment business authorized in another Member                  (a) to show evidence of adequate financial resources to
 State (country of origin) if the business concerned does               guarantee the payment of remuneration and social
 not fulfil the specific conditions which the host country              security contributions;
 imposes on its own nationals in the general interest.
                                                                   (b) to establish the good character of the managers of the
                                                                        temporary employment business;
                                                                   (c) to provide details of the geographical area, whether
                                                                        confined to a single country or cross-frontier in
                                                                        character, in respect of which the applicant business
                                                                        wishes to be authorized to engage in the supply of
                                                                        temporary workers.
                                                                   3.     Member States shall ensure that businesses which
                                                                   they authorize pursuant to this Article are adequately
                                                                   supervised and shall provide for the imposition of
                                                                   appropriate penalities in the event of such businesses
                                                                   failing to meet their obligations.
 ---pagebreak--- No C 133/4                           Official Journal of the European Communities                                  21. 5. 84
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                                                                4.     Member States shall keep a register of businesses
                                                                authorized pursuant to this Article to which the public
                                                                shall have access. They shall require all authorized
                                                                businesses to print their authorization number and such
                                                                other details as may be necessary for the identification of
                                                                the authorization granted on all stationery and other
                                                                official documents.
                                                                5.     Until such time as more far-reaching harmonization
                                                                becomes feasible, any Member State (host country) may
                                                                prohibit the pursuit of activities within its territory by a
                                                                temporary employment business authorized in another
                                                                Member State (country of origin) if the business
                                                                concerned does not fulfil the specific conditions which the
                                                                host country imposes on its own nationals.
3.    It shall be unlawful to engage in the supply of           6.     It shall be unlawful to engage in the supply of
temporary workers without the authorization referred to         temporary workers without the authorization referred to
in this Article. Where temporary workers have been              in paragraph 1. Where temporary workers have been
supplied unlawfully, the user undertaking shall bear a          supplied by an unauthorized employment business, the
secondary liability, in the event of default by the             user undertaking shall be jointly liable, in the event of
temporary employment business, for the social security          default by the employment business, for the social
contributions, remuneration and other benefits due to the       security contributions, remuneration, benefits and other
temporary workers concerned including, where                    allowances due to the temporary workers concerned
appropriate, the cost of repatriation.                          including, where appropriate, the cost of repatriation.
                         Article 3                                                        Article 3
1.    Labour supply contracts may be concluded only in          1.     Labour supply contracts may be concluded only in
the following circumstances:                                    order to cope with a temporary reduction in the
                                                                workforce present in the undertaking or for the
(a) a temporary reduction in the workforce, or                  performance of occasional tasks of a transient nature or
(b) a temporary or exceptional increase in activity.            for other legitimate reasons such as to justify the limited
                                                                duration of the contract.
2.     In cases covered by paragraph 1 (b), the maximum         2.      Except in cases of temporary reduction in the
duration of each assignment shall be three months,              workforce present in the undertaking, the maximum
renewable once. An extension beyond six months may,             duration of each assignment . . .
however, be authorized by the competent authorities
where it can be shown this is justified by exceptional          Rest: unchanged.
circumstances.
3.     No post shall be occupied by successive temporary        Unchanged.
workers after expiry of the periods fixed in
paragraph 2.
4.     Member States may derogate from the provisions of         4.     Member States may authorize the conclusion of
paragraph 1 where the social benefits accorded by virtue         labour supply contracts without regard to the limits laid
 of labour law, collective agreements or customary               down in in paragraphs 1, 2 and 3 where the temporary
 industrial practice in the undertaking are enjoyed by           employment contract is a contract of indefinite duration
temporary workers on the same terms as permanent                 or is subject in Member States to the rules governing
workers.                                                         individual and collective dismissals.
 ---pagebreak--- 21. 5. 84                              Official Journal of the European Communities                            N o C 133/5
                       ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                           Article 4                                                       Article 4
Temporary workers may not be excluded from social                 Temporary workers shall be covered by social security
security schemes and their contributions and benefits             schemes and their contributions and benefits shall be
shall be calculated on the same basis as for permanent            calculated on the same basis as for permanent workers,
workers, subject where applicable to special provisions           subject where applicable to special provisions taking into
taking into account the duration of employment and /or            account the duration of employment and/or the
the remuneration received.                                        remuneration received.
                           Article 5                                                       Article 5
 1.    Where a temporary employment contract is not of            1.    Where a temporary employment contract is not of
indefinite duration, the duration of employment shall be          indefinite durations, the duration of employment shall
clearly defined in writing in terms either of a specified date    be defined in writing as between the temporary
of expiry or of completion of a specified task or of the          employment business and the temporary worker in terms
occurrence of a specified event.                                  either of a specified date or of completion of a specified
                                                                  task or of the occurrence of a specified event.
2.     In addition, the nature of the work to be performed,       2.    Inaddition, the nature of the work to be performed,
the place of work and working hours, the agreed                   the agreed remuneration and the allowances to which the
remuneration and the allowances to which the temporary            temporary worker is entitled shall be defined in writing as
worker is entitled shall be defined in writing as between         between the temporary employment business and the
the temporary employment business and the worker.                 worker.
3.     In the event of the contract not being duly evidenced      3.    Member States shall provide for appropriate
in writing, it shall be subject to the rules governing            penalties to be imposed in the event of failure to comply
contracts of employment of indefinite duration.                   with paragraphs 1 and 2.
4.     Clauses prohibiting the conclusion of a contract of        4.    Member States shall take the necessary steps to
employment between the user undertaking and the                   ensure that clauses prohibiting or preventing the
temporary worker after the completion of the latter's             conclusion of a contract of employment between the user
assignment shall be null and void or capable of being             undertaking and the temporary worker after the
declared so.                                                      completion of the latter's assignment are null and void or
                                                                  capable of being declared so.
Clauses compelling the user undertaking to pay
compensation to the temporary employment business in
the event of the conclusion of such a contract of
employment shall likewise be null and void or capable of
being declared so.
                           Article 6                                                       Article 6
Unless laid down within the framework of collective               Unless laid down within, the framework of collective
agreements concluded within the temporary employment              agreements concluded within the temporary employment
business or for the temporary employment sector, the              business or for the temporary employment sector, the
remuneration received by a temporary worker shall be              remuneration received by a temporary worker shall be
comparable to that received by workers occupying                  comparable to that received by workers with equivalent
equivalent posts in the user undertaking or that provided         occupational skills, experience and duties in the user
for in the collective agreement for the sector                    undertaking.
concerned.
                           Article 7                                                       Article 7
 1.    In the event of a temporary employment contract             1.    In the event of a temporary employment contract
 being terminated by the temporary employment business             being terminated unilaterally by the temporary
 before the date of expiry specified, before completion of         employment business before the date specified, before
 ---pagebreak--- N o C 133/6                           Official Journal of the European Communities                                  21. 5. 84
                      ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
the task specified or before occurrence of the event             completion of the task specified or before the occurrence
specified, the temporary worker shall be entitled to             of the event specified, the temporary worker shall be
compensation equal W the remuneration which he would             entitled to compensation equal to the remuneration
have received had the contract not been terminated               which he would have received had the contract not been
early.                                                           terminated prematurely, except where the temporary
                                                                 employment business offers another equivalent
                                                                 temporary job for the remaining period.
 2.    The provisions of paragraph 1 shall be without            2.     In the event of a temporary employment contract
 prejudice to the application of national law concerning         being terminated unilaterally by the temporary worker
force majeure or serious misconduct on the part of the           before the date specified, before completion of the task
 worker.                                                         specified or before the occurrence of the event specified,
                                                                 the temporary employment business shall be entitled
                                                                 to make a deduction from the final payment of
                                                                 remuneration by way of compensation for any loss
                                                                 incurred.
                                                                 3.     The provisions of paragraphs 1 and 2 shall not
                                                                 apply where the temporary employment contract is a
                                                                 contract of indefinite duration or is subject in Member
                                                                 States to the rules governing individual and collective
                                                                 dismissals.
                                                                 4.     The provisions of paragraphs 1, 2 and 3 shall be
                                                                 without prejudice to the application of national laws
                                                                 concerning force majeure or serious misconduct on the
                                                                 part of the worker or the employer.
                           Article 8                                                       Article 8
             Procedures for informing workers                     Title deleted.
 The user undertaking shall be required to inform the             1.    When it intends to have recourse to temporary
 representatives of its employees before having recourse to       workers, the user undertaking shall be required to inform
 temporary workers on the basis of Article 3 (1) or (4).          the representatives of its workers in good time and, in
                                                                  particular, to communicate to them the reasons for
 To this end, the user undertaking shall be required to           having recourse to temporary workers, the duration of
 communicate in writing to the representatives of its             such recourse, the number of temporary workers
 employees all pertinent information with regard in               involved and the nature and location of the assignments
 particular to:                                                   involved. The user undertaking shall answer any
                                                                  questions put to it by the representatives of its workers in
 — the reasons for having recourse to temporary                   connection with the intended recourse to temporary
     workers, except in the case of the application of            workers.
     Article 3 (4),
 — the duration of the assignments involved,                      2.    The information referred to in paragraph 1 shall be
                                                                  made available periodically by the user undertaking to the
 — the number of temporary workers involved,
                                                                  representatives of its workers in the form of a general
 — the occupational qualifications required,                      report.
 — the intended level of remuneration (information to be
     provided to the user undertaking by the temporary            3.    Member States shall take all appropriate measures
     employment business, if necessary),                          to ensure that workers are notified - for instance by
                                                                  publication at their place of work - of the provisions
 — the amount to be paid by the user undertaking to the           which enter into force under this Directive, together with
     temporary employment business,                               provisions on this matter already in force.
 — the place and hours of work and the particular nature
     of the jobs to be performed.
 ---pagebreak--- 21. 5. 84                             Official Journal of the European Communities                             N o C 133/7
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                          Article 9                                                        Article 9
1.     Temporary workers shall, for the duration of their        1.     Except where the collective agreements concluded
assignment, be subject to the laws, regulations and              by temporary employment businesses contain specific
administrative and collectively agreed provisions, and the       provisions on this matter, temporary workers shall be
customary practices in force in the user undertaking as          subject on the same terms as staff of the user undertaking
regards working conditions.                                      to the laws, regulations and administrative and
                                                                 collectively agreed provisions and/or customary
                                                                 practices in force in that undertaking as regards working
                                                                 conditions within the meaning of paragraph 2.
2.     Working conditions shall include all matters              2.     Working conditions shall include all matters
relating to working hours, night work, weekly rest               relating to shift work, night work, weekly rest periods,
periods, public holidays, safety and health, and special         work schedules, public holidays, safety and health, and
medical surveillance to the extent that the rules in force       industrial medicine to the extent that the rules in force
require this for the work in question.                           require special medical surveillance for the work in
                                                                 question.
3.     Temporary workers shall have access to any                3.     Temporary workers shall have access on the same
communal social facilities provided in the user                  terms as staff of the user undertaking to any communal
undertaking.                                                     transport services and communal facilities such as
                                                                 canteen facilities provided for such staff.
                          Article 10                                                      Article 10
Temporary workers supplied on the basis of                       Temporary workers supplied on the basis of Article 3,
Article 3 (1) (b) or (4) shall be deemed to form part of the     calculated as an annual average, shall be included in the
user undertaking's workforce for the purposes of                 user undertaking's workforce for the purposes of
determining such of that undertaking's social obligations        applying such provisions of laws and regulations as are
under law, collective agreements or customary industrial         based on the number of workers employed in the
practice in the undertaking as are linked to the number of       undertaking.
workers employed.
                          Article 11                                                      Article 11
Temporary workers shall not be recruited or used to              Member States shall take the necessary steps to prohibit
perform duties of employees who are on strike.                   the use of temporary workers to perform the duties of
                                                                 workers of the user undertaking in the event of a strike or
                                                                 lockout in that undertaking.
                         SECTION HI                                                      SECTION III
                   SPECIAL PROVISIONS                                               SPECIAL PROVISIONS
                          Article 12                                                       Article 12
 1.     Member States shall exchange all information on           1.    Member States shall exchange information on the
 the supply of temporary workers by employment                    cross-frontier supply of temporary workers. To this end,
 businesses.                                                      they shall designate liaison offices, either assigning this
                                                                  task to an existing body or creating a new body for the
 To this end, they shall designate liaison offices, either        purpose. The relevant details shall be communicated to
 assigning this task to an existing body or creating a new        the other Member States and the Commission.
 body for the purpose. The relevant details shall be
 communicated to the other Member States and the
 Commission.
 2.     The liaison offices shall exchange information
 relating to;
 ---pagebreak--- No C 133/8                              Official Journal of the European Communities                                   2 1 . 5. 84
                      ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
— laws, regulations and administrative provisions in
     force with regard to the supply of temporary
     workers,
— any amendments thereto.
3.      Each liaison office shall inform the liaison offices in     2.     Each liaison office shall inform the liaison offices in
the other Member States as quickly as possible of                   the other Member States as quickly as possible of
decisions concerning the refusal, suspension or                     decisions concerning the granting, refusal, suspension or
withdrawal of authorization. The liaison offices shall              withdrawal of authorization. The liaison offices shall
further inform each other of any abuses arising in                  further inform each other of any abuses detected in
connection with the application of laws, regulations and            connection with the application of laws, regulations and
administrative provisions on the supply of temporary                administrative provisions as regards the cross-frontier
workers.                                                            supply of temporary workers.
4.      The information referred to in paragraph 3 shall            3.     The information referred to in paragraph 2 shall be
also be communicated, for information purposes, to the              communicated, for information purposes, to the
European Coordination Office and the Technical                      European Coordination Office and the Technical
Committee on the Free Movement of Workers established               Committee on the Free Movement of Workers established
by Council Regulation (EEC) No 1612/68 ( J ).                       by Council Regulation (EEC) No 1612/68 (*).
                          Article 13                                                         Article 13
1.     Member States shall, with a view more particularly           1.    Member States shall ensure cooperation between
to ensuring effective mutual assistance in administrative          the authorities responsible for matters concerned with the
matters, take the necessary steps to establish genuine             supply of temporary workers, with a view more
coordination and cooperation between the authorities               particularly to ensuring effective assistance in
responsible for matters concerned with the supply of               administrative matters.
temporary workers.
2.      The assistance referred to in paragraph 1 shall            2.      The assistance referred to in paragraph 1 shall
consist in particular in replying directly and without             consist in particular in replying without undue delay to
undue delay to any reasoned request for information                 any reasoned request for information concerning
concerning problems with regard to the supply of                   problems with regard to the cross-frontier supply of
temporary workers, apparent abuses and possible cases              temporary workers, apparent abuses or possible cases of
of unlawful cross-frontier activities within the meaning of        unlawful cross-frontier activities. Mutual administrative
this Directive Mutual administrative assistance shall be            assistance shall be provided free of charge.
provided free of charge.
3.     The authorities of the Member States shall assist            3.     The authorities of the Member States shall assist
each other in connection with:                                      each other in connection with:
— the consideration of applications for authorization to            — the consideration of applications for authorization to
     engage in the supply of temporary workers,                         engage in the cross-frontier supply of temporary
                                                                        labour in accordance with Article 2 (2) (c),
— the supervision of authorized temporary employment
     businesses,                                                    — the supervision of temporary employment businesses
— the prosecution of unauthorized                  temporary            authorized to engage in such activities,
     employment businesses,                                         — the prosecution of temporary employment businesses
                                                                        engaging in such activities without authorization,
— the detection and prosecution of businesses engaged
     in the supply of temporary workers under cover of              — the detection and prosecution of businesses engaging
     temporary labour subcontracting,                                   in the disguised cross-frontier supply of temporary
                                                                        workers under cover of contracts for work or services
— the payment of the unsatisfied claims of temporary
                                                                        or temporary labour subcontracting,
     workers carrying out assignments in a Member State
     other than that in which the temporary employment              — ensuring the proper application of Article 2 (3) in all
     business has been declared insolvent in accordance                 cases involving the cross-frontier supply of temporary
     with Council Directive 80/987/EEC (2).                             workers.
 (») OJ No L 257, 19. 10. 1968, p. 2.
 (2) OJ No L 283, 28. 10. 1980, p. 23.                               0) OJ No L 257, 19. 10. 1968, p. 2.
 ---pagebreak--- 21. 5. 84                               Official Journal of the European Communities                                    N o C 133/9
                      ORIGINAL PROPOSAL                                                       AMENDED PROPOSAL
                                                   A r t i c l e 14 u n c h a n g e d
                         SECTION IV                                                              SECTION IV
              FIXED-DURATION CONTRACTS                                    FIXED-DURATION CONTRACTS OF EMPLOYMENT
                          Article 15                                                              Article 15
1.     An employer may conclude a fixed-duration                        1.     An employer may conclude a fixed-duration
contract of employment only in the following                           contract of employment with a worker only in order to
circumstances:                                                         cope with a temporary reduction in the workforce present
                                                                       in the undertaking or for the performance of occasional
(a) to cope with         a temporary     reduction      in the
                                                                       tasks of a transient nature or for other legitimate reasons
     workforce;
                                                                       such as to justify the limited duration of the contract.
(b) to cope with a temporary or exceptional increase in
     activity or seasonal activities;
(c) for the execution of a clearly defined occasional task
     of a transient nature;
(d) where the special nature of the work is such as to
     justify the conclusion of fixed-duration contracts and
     contracts of employment of indefinite duration are
     not customary;
(e) in connection with the launching of a new activity of
     uncertain duration.
2.     Member States may exclude certain contracts of
employment - or employment relationships - from the
application of this Section by reason of their special
nature or of the special needs of certain sectors of activity.
Such contracts are listed in an Annex to this Directive.
3.     In the event of a breach of the above provisions, the           2.      Where the employer fails to comply with the
contract of employment shall be deemed to be of                        provisions of paragraph 1, the contract of employment
indefinite duration.                                                    shall be deemed to have been concluded for an indefinite
                                                                       period'.
4.     Member States may derogate from the provisions of                3.     Member States may authorize the conclusion of
paragraphs 1 and 3 where workers engaged on                             fixed-duration contracts of employment without regard
fixed-duration contracts enjoy the social benefits                      to the limitations referred to in paragraph 1 where such
accorded to permanent workers by virtue of labour law,                  contracts are subject to the rules governing contracts of
collective agreements or the customary industrial practice              employment of indefinite duration, and in particular
of the undertaking.                                                     those applicable in the event of individual or collective
                                                                        dismissals.
                          Article 16                                                              Article 16
 1.     The duration of employment shall be clearly                     1.      The duration of the contract of employment shall
defined in writing in terms either of a specified date of               be defined in writing in terms either of a specified date or
expiry or of completion of a specified task or of the                   of completion of a specified task or of the occurrence of a
occurrence of a specified event.                                        specified event.
2.      In addition, the nature of the work to be performed,            2.      In addition, the nature of the work to be performed,
the place of work and working hours, the agreed                         the place of work and working hours, the agreed
remuneration and the workers' entitlements with regard                  remuneration, the workers' entitlements with regard to
to annual holiday payments shall be defined in writing as               annual holiday payments and the conditions governing
 between the employer and the worker; the document                      early termination shall be defined in writing as between
 setting out this information shall also specify the duration           the employer and the worker; the document setting out
 of any probationary period.                                            this information shall also specify the duration of any
                                                                        probationary period.
 ---pagebreak--- N o C 133/10                            Official Journal of the European Communities                                       21. 5. 84
                       ORIGINAL PROPOSAL                                                       AMENDED PROPOSAL
3.     In the event of the contract not being duly evidenced           3.      In the event of the contract not being duly evidenced
in writing, it shall be subject to the rules governing                 in writing, it shall be subject to the rules governing
contracts of employment of indefinite duration, except                 contracts of employment concluded for an indefinite
where the terms and conditions of employment of a                      period.
specified category of workers are defined by a collective
agreement.
                          Article 17                                                              Article 17
Unless laid down within the framework of collective                    Unless laid down within the framework of collective
agreements concluded within the undertaking or at                      agreements concluded within the undertaking or at
sectoral level, the remuneration of workers on                         sectoral level, the remuneration of workers shall not be
fixed-duration contract shall not be less than that received           less than that paid to workers under contracts concluded
by permanent workers occupying equivalent posts.                       for an indefinite period with equivalent occupational
                                                                       skills, experience and duties.
                          Article 18                                                               Artile 18
 1.    In the event of a fixed-duration contract being                 1.      In the event of a fixed-duration contract of
terminated by the employer before the date of expiry                   employment being terminated unilaterally by the
specified, before completion of the task specified or                  employer before the date specified, before completion of
before the occurrence of the event specified, the worker               the task specified or before the occurrence of the event
shall be entitled to compensation equal to the                         specified, the worker shall be entitled to compensation
remuneration which he would have received had the                      equal to the remuneration which he would have received
contract not been terminated early.                                    had the contract not been terminated prematurely, except
                                                                       where the rules governing dismissals are applicable to this
                                                                       type of contract.
                                                                        2.     In the event of a fixed-duration contract of
                                                                        employment being terminated unilaterally by the worker
                                                                        before the date specified, before completion of the task
                                                                        specified or before the occurrence of the event specified,
                                                                        the employer shall be entitled to make a deduction from
                                                                        the final payment of remuneration by way of
                                                                        compensation for any loss incurred.
 2.    The provisions of paragraph 1 shall be without                   3.     The provisions of paragraphs 1 and 2 shall be
prejudice to the application of national law concerning                without prejudice to the application of national laws
force majeure or serious misconduct on the part of the                 concerning force majeure or serious misconduct on the
 worker.                                                               part of the employee or the employer.
                                                   A r t i c l e 19 u n c h a n g e d
                           Article 20                                                              Article 20
Workers on fixed-duration contracts shall be deemed to                 Workers on fixed-duration contracts of employment,
 form part of the workforce for the purposes of                         calculated as an annual average, shall be included in the
 determining such of the undertaking's social obligations              workforce for the purposes of applying such provisions of
 under law, collective agreements or customary industrial               laws and regulations as are based on the number of
practice in the undertaking as are linked to the number of             workers employed in the undertaking.
 workers employed.
 ---pagebreak--- 21. 5. 84                            Official Journal of the European Communities                            N o C 133/11
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                        Article 21                                                      Article 21
Workers employed on limited-duration contracts shall            Member States shall take the necessary steps to ensure
not be recruited or used to perform the duties of               that the use of workers on fixed-duration contracts of
employees who are on strike.                                    employment to perform the duties of other workers of the
                                                                undertaking is prohibited in the case or a strike of lockout
                                                                in that undertaking.
                       SECTION V                                                       SECTION V
                   FINAL PROVISIONS                                                FINAL PROVISIONS
Article 22 shall read as follows:                                                       Article 22
                                                                This Directive shall not apply to sea transport where
                                                                shipping companies and seafarers' unions have concluded
                                                                collective agreements for recruitment through a central
                                                                labour supply office which provides the workers
                                                                concerned with protection equivalent to that resulting
                                                                from the Directive.
                        Article 22                                                      Article 23
1.     Member States shall bring into force the necessary       1.     Member States shall bring into force the necessary
laws, regulations and administrative provisions to              laws, regulations and administrative provisions to
comply with this Directive not later than 1 January 1984        comply with this Directive within two years following its
and shall forthwith inform the Commission thereof.              adoption. They shall forthwith inform the Commission
                                                                thereof.
2.     Member States shall communicate to the                   2.    Member States shall communicate to the
Commission the texts of the laws, regulation 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 23                                                      Article 24
Within two years following expiry of the period laid            Within two years following expiry of the period laid
down in Article 22, Member States shall transmit all            down in Article 23, Member States shall transmit all
relevant information to the Commission in order to              relevant information to the Commission in order to
enable it to draw up a report on the application of this        enable it to draw up a report on the application of this
Directive for submission to the Council.                        Directive for submission to the Council.
                        Article 24                                                      Article 25
This Directive is addressed to the Member States.               This Directive is addressed to the Member States.