Explanatory Memorandum to COM(2002)701 - Working conditions for temporary workers - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2002)701 - Working conditions for temporary workers. |
|---|---|
| source | COM(2002)701  |
| date | 28-11-2002 |
On 20 March 2002, the Commission adopted a proposal for a directive of the European Parliament and the Council on working conditions for temporary workers i. This proposal was forwarded to the European Parliament and the Council on 21 March 2002.
On 19 September 2002, the Economic and Social Committee gave its opinion on the Commission's proposal i.
The European Parliament gave its opinion at the first reading on 21 November 2002 i.
2. AMENDMENTS
A - The European Parliament's amendments accepted by the Commission
The amended proposal contains two types of amendments; first, to reword the articles or add new provisions in the interests of clarification or precision and, second, to amend the substance and scope of the text by including or deleting important provisions.
The Commission is prepared to accept, in part or in full, all the amendments set out below, which, it thinks, improve the proposal and maintain its aims and political viability:
-amendment No 1 (changing the title of the directive): see title of the proposal;
-amendment No 4 (rewording recital 4): see recital No 4;
-amendment No 6 (specifying the links between this proposal and Directive 1999/70 of 28 June 1999 on fixed-term work): see recital No 7;
-amendment No 15 (announcing proposed amendments to Article 5.1): see recital No 15;
-amendment No 20 (announcing proposed amendments to Article 4): see recital No 19;
-amendment No 22 (reinforcing the principle of subsidiarity): see recital No 22;
-amendment No 23 (rewording the scope to illustrate more clearly the triangular nature of temporary work): see Article 1.1;
-amendment No 26 (reinforcing Article 2): see Article 2;
-amendment No 27 (adding the definition of a temporary worker): see Article 3(1)(b);
-amendment No 28 (deleting the definition of a comparable worker): deletion of this definition in Article 3;
-amendment No 29 (redefining a posting): see Article 3(1)(c);
-amendment No 30 (adding the definition of a temporary agency): see Article 3(1)(d);
-amendment No 31 (adding the definition of a user undertaking): see Article 3(1)(e);
-amendment No 32 (redefining working and employment conditions): see Article 3,(1)(f) and Article 5 i second indent;
-amendment No 85 (specifying that it is up to the Member States to define pay): see Article 3 i;
-amendment No 33 (specifying workers who cannot be excluded from the scope of the Directive): see Article 3 i;
-amendment No 34 (extending the obligation on the Member States to review restrictions or prohibitions pertaining only to certain categories of workers or certain branches to all restrictions or prohibitions; extending the scope of justifications for prohibitions/restrictions): see Article 4 i and i;
-amendment No 35 (specifying that the provisions in force concerning registration and monitoring of temporary workers are not prohibitions or restrictions within the meaning of the foregoing amendment): see Article 4 i;
-amendment No 36 (adding a provision stipulating that temporary workers may not replace striking workers in the user undertaking): see recital No 21;
-amendment No 87 (acceptance of the part rewording the principle of non-discrimination): see Article 5 i first indent;
-amendment No 86 (restricting the exemption to remuneration and requiring consultation of the social partners): see Article 5 i;
-amendment No 92 (acceptance of the part on prior consultation of the social partners and enabling them to uphold existing collective agreements): see Article 5 i;
-amendment No 71 (acceptance only of the part restricting exemptions to pay): see Article 5 i;
-amendment No 43 (deleting Article 5(5)): see deleted Article 5 i, previous version;
-amendment No 44 (specifying that implementation of Article 5 through an agreement between the social partners should be in line with national practice): see Article 5 i;
-amendment No 46 (specifying how information on vacancies may be made public): see Article 6 i;
-amendment No 47 (on clauses prohibiting the conclusion of contracts of employment): see Article 6 i;
-amendment No 48 (specifying the scope of the prohibition on fees): see Article 6 i;
-amendment No 49 (specifying social services): see Article 6 i;
-amendment No 51 (an addition to take account of the fact that workers' representation may be determined by collective agreements): see Article 7;
-amendment No 52 (introducing a choice of the action open to workers -- direct action or action through representatives -- if the Directive is not complied with): see Article 10.
B - The European Parliament's amendments rejected by the Commission
By contrast, the Commission cannot accept at this stage the other amendments proposed by the Parliament. Some of them do not constitute an improvement to the Directive or are not acceptable from a strictly legal point of view. Others might, in the Commission's view, disrupt the balance of the initial text.