Recommendation 1992/443 - 92/443/EEC: Council recommendation of 27 July 1992 concerning the promotion of participation by employed persons in profits and enterprise results (including equity participation) - Main contents

official title

 

Legal instrument	Recommendation
Number legal act	Recommendation 1992/443
Original proposal	COM(1991)259
CELEX number i	31992H0443

Avis juridique important

|

92/443/EEC: Council recommendation of 27 July 1992 concerning the promotion of participation by employed persons in profits and enterprise results (including equity participation)

Official Journal L 245 , 26/08/1992 P. 0053 - 0055

COUNCIL RECOMMENDATION of 27 July 1992 concerning the promotion of participation by employed persons in profits and enterprise results (including equity participation) (92/443/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas in its communication concerning the Action Programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers the Commission announced its intention to submit a Community instrument on equity sharing and financial participation by employed persons;

Whereas a report on the promotion of participation by employed persons in profits and enterprise results in the Member States has been prepared; whereas this report has established that there is a great variety in the types of scheme encountered in the Community, including cash payments, share-based and deferred profit-sharing schemes and various types of particular share-ownership schemes for exmployed persons;

Whereas encouragement of financial participation in enterprises by employed persons, without discrimination on grounds of sex or nationality, may be seen as a means of achieving a wider distribution of the wealth generated by enterprises which the employed persons have helped to produce; whereas, furthermore, the promotion of enterprise schemes for the financial participation of employed persons in enterprises encourages in particular greater involvement of employed persons in the progress of their companies;

Whereas, while the body of empirical research into the effects of such schemes in practice does not yet provide overwhelming evidence of strong overall advantages, there are sufficient indications that such schemes produce a number of positive effects, particularly on the motivation and productivity of employed persons and on the competitiveness of enterprises;

Whereas it is appropriate to promote a wider spread of financial participation schemes within the Community, without seeking active harmonization or a reduction in the existing wide range of available schemes;

Whereas account should be taken of the important role and the extensive responsibilities of management and labour in this area; whereas the interest and active involvement of management and labour in this Community initiative are a pre-condition for its ultimate success;

Whereas the present action appears necessary to attain, in the course of the operation of the common market, one of the objectives of the Community.

• I. 

  HEREBY INVITES THE MEMBER STATES:

• 1. 

  to acknowledge the potential benefits of a wider use, individually or collectively, of a broad variety of schemes to increase the participation of employed persons in profits and enterprise results by means of profit-sharing, employee share-ownership or a combination of both;

• 2. 

  to take account of the role and the responsibility of management and labour in this context, in accordance with national law and/or practice;

II. HEREBY RECOMMENDS THE MEMBER STATES TO:

• 1. 

  ensure that legal structures are adequate to allow the introduction of the financial participation schemes referred to in this recommendation;

• 2. 

  consider the possibility of according incentives such as fiscal or other financial advantages to encourage the introduction of certain schemes;

• 3. 

  encourage the use of such schemes by facilitating the supply...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.