Annexes to COM(1978)141 - Approximation of the laws of the Member States concerning the protection of employees in the event of the insolvency of their employer (submitted to the Council by the Commission)

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dossier COM(1978)141 - Approximation of the laws of the Member States concerning the protection of employees in the event of the insolvency of ...
document COM(1978)141 EN
date October 20, 1980
ANNEX Categories of employee whose claims may be excluded from the scope of this Directive, in accordance with Article 1 (2)

I. Employees having a contract of employment, or an employment relationship, of a special nature

A. GREECE

The master and the members of a crew of a fishing vessel, if and to the extent that they are remunerated by a share in the profits or gross earnings of the vessel.

B. IRELAND 1. Out-workers (i.e. persons doing piece-work in their own homes), unless they have a written contract of employment.

2. Close relatives of the employer, without a written contract of employment, whose work has to do with a private dwelling or farm in, or on, which the employer and the close relatives reside.

3. Persons who normally work for less than 18 hours a week for one or more employers and who do not derive their basic means of subsistence from the pay for this work.

4. Persons engaged in share fishing on a seasonal, casual or part-time basis.

5. The spouse of the employer.


C. NETHERLANDS

Domestic servants employed by a natural person and working less than three days a week for the natural person in question.

D. UNITED KINGDOM 1. The master and the members of the crew of a fishing vessel who are remunerated by a share in the profits or gross earnings of the vessel.

2. The spouse of the employer.


II. Employees covered by other forms of guarantee

A. GREECE

The crews of sea-going vessels.

B. IRELAND 1. Permanent and pensionable employees of local or other public authorities or statutory transport undertakings.

2. Pensionable teachers employed in the following : national schools, secondary schools, comprehensive schools, teachers' training colleges.

3. Permanent and pensionable employees of one of the voluntary hospitals funded by the Exchequer.


C. ITALY 1. Employees covered by benefits laid down by law guaranteeing that their wages will continue to be paid in the event that the undertaking is hit by an economic crisis.

2. The crews of sea-going vessels.


D. UNITED KINGDOM 1. Registered dock workers other than those wholly or mainly engaged in work which is not dock work.

2. The crews of sea-going vessels.