Resolution on the first report on the application of the Community Charter of the Fundamental Social Rights of Workers

The European Parliament,

- having regard to the first report on the application of the Community Charter of the Fundamental Social Rights of Workers (COM(91)0511),

- having regard to the Community Charter of the Fundamental Social Rights of Workers,

- having regard to the Communication from the Commission concerning its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers of 5 December 1989 (COM(89)0568),

- having regard to its resolutions of

15 March 1989 on the social dimension of the internal market,

14 September 1989 on economic and social cohesion,

22 November 1989 on the Community Charter of Fundamental Social Rights,

22 November 1989 on economic and social cohesion,

15 February 1990 on the most important legislative proposals in the social field to be included in the Commission's programme for 1990,

13 September 1990 on the Commission's action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers - priorities for 1991-1992,

22 February 1991 on the Commission programme for 1991,

17 May 1991 on the implementation of the social action programme,

12 September 1991 on the completion of the internal market and the social dimension,

8 July 1992 on the European labour market after 1992,

9 July 1992 on the social dimension of the internal market,

- having regard to Rule 121 of its Rules of Procedure,,

- having regard to the report of the Committee on Social Affairs, Employment and the Working Environment, and the opinion of the Committee on Culture, Youth, Education and the Media (A3-0386/92),

A. whereas a Community Charter of the Fundamental Social Rights of Workers was adopted at the meeting of the European Council of December 1989 in Strasbourg (the United Kingdom being excepted), and whereas the Commission has approved an action programme for the implementation of this Charter,

B. whereas the aim of the Community Charter is to strengthen the social dimension of the Single European Market which is to be completed on 31 December 1992,

C. whereas Parliament has repeatedly expressed concern at the lack of progress in decision-making on the Commission's proposals, and in particular the lack of political will of certain Member States to adopt these proposals,

D. whereas Parliament has repeatedly put forward proposals to expedite decision-making within the Council, notably for:

- the holding of a three-way discussion on social policy between the Council, the Commission and Parliament,

- involving the two sides of industry more closely in the preparatory discussions,

- the right to make its agreement to internal market measures in the business, financial and economic fields conditional on the content, legally binding nature and pace of introduction of measures in the action programme,

- an appeal to the national parliaments to question the ministers representing the government in the Councils of Ministers on the internal market, economic and financial affairs and social affairs,

- the possibility of submitting a complaint to the Court of Justice each time that the Council takes a decision in the form of a political agreement, that is, without taking Parliament's views into consideration, which represents a violation of the cooperation procedure,

E. whereas Parliament has drawn attention to five directives which have priority and must be adopted as soon as possible, on:

- the living and working conditions of employees engaged in atypical work,

- the organization and reorganization of working hours,

- the information, consultation and participation of employees of Community-scale undertakings,

- subcontracting,

- protection for pregnant women,

and whereas none of these directives has yet been fully implemented,

F. whereas, however, genuine progress is being made where the protection of the safety and health of employees at work are concerned, which goes to prove that the Community can create genuine social progress when the necessary political will is present,

G. whereas the current economic situation gives cause for concern, and requires more active measures to promote employment,

H. whereas the increase in jobs over the last decade includes an increase in atypical forms of work, and whereas the great diversity in the regulation of such forms of work can give rise to unfair competition between the undertakings of the different Member States, adversely affecting employees' working conditions,

I. whereas another reason for unfair competition is the great diversity in the organization of working hours,

J. whereas it is right and proper to keep flexibility and the deregulation of work within humanly and socially acceptable limits, which do not entail a decline in levels of social protection, and whereas social dialogue in Europe, by sector, region or country, is the best forum for drawing up such regulations,

K. whereas there is a need to extend the dialogue between the two sides of industry, a feature of the economy of the Member States, to the level of European companies, as the completion of the internal market represents an important stage in economic unification; and whereas a legal framework must be created for this purpose,

1. Expresses its satisfaction at the significant progress made on the protection of the health and safety of employees in the workplace, and calls on the Council to adopt the remaining proposals for directives without delay, in accordance with Parliament's opinions;

2. Is indignant at the lack of progress in decision-making on all proposals for directives relating to other areas of the social action programme and draws the attention of the Member State Governments, and in particular of the United Kingdom Government, to their responsibilities;

3. Calls on the Council to adopt at least those legal texts which are considered priorities by June 1993, to guarantee a perceptible improvement of working and living conditions in the Member States, and notes that it should be stressed that these provisions must not erode existing social standards in those Member States which guarantee a higher level of protection;

4. Rejects the UK Government's attitude to the social dimension and once again calls on it to accede to the Agreement on social policy of the Eleven under the Treaty on European Union; only in this way can progress be made towards a homogenous social union in the EC;

5. Considers that the Community must give priority to employment, that the ultimate objective of all Community policies must be to combat unemployment, that harmonious and sustained economic growth, stable industrial relations and increased social dialogue will help to increase jobs, but that since economic growth will not suffice to make up the shortfall in jobs, account must be taken of Parliament's recommendations, including those made in its aforementioned resolution of 13 September 1990;

6. Calls on the European Council to pay heed to the serious crisis, of which one of the symptoms is the loss of jobs, and accordingly to make a thorough evaluation of the rules on economic convergence and the elimination of government deficits, so that governments can take steps to create new jobs and safeguard social protection;

7. Looks forward to a second action programme on implementing the Community Charter of the Fundamental Social Rights of Workers, as the current programme has not been able to achieve satisfactory social and economic convergence;

8. Asks the Commission and Council to involve Parliament closely in all their initiatives on industrial and employment policy, and in particular asks that:

- the Commission submit to Parliament a biannual report on the activities of the 'network of national employment coordinators'

- the Council submit to Parliament a biannual report on the activities of the 'standing committee on employment opportunities' and on the results of its deliberations;

9. Considers that a better supply of information from the Commission to explain its concrete proposals, including the practical changes brought about by the implementation of the provisions in the Member States, the planned degree of social progress, the costs of implementing such regulations and the number of employees or undertakings affected would help to achieve more soundly-based decisions and would deprive the Member States of any excuse for delaying decision-making procedures for the necessary directives to implement the Social Charter;

10. Considers that European social policy legislation should at least conform with the standards laid down in ILO conventions and recommendations, and calls on the Commission to submit an annual report to the Economic and Social Committee, the European Parliament, the Council and the Member States on ratification, implementation and practical application of ILO standards in the EC Member States and on legal problems between the EC and the ILO;

11. Calls on the Commission to submit to Parliament a detailed report on each consultation with the two sides of industry and the representatives of the Member States in drafting its proposals;

12. Calls on the Commission to carry out an in-depth study of income patterns in the Community, to provide a picture of discrepancies in wages and salaries and the extent to which a polarized society is continuing to develop; and calls on the Commission to draw up proposals in a communication to the Council and Parliament to combat this social polarization, which is responsible for, inter alia, the appalling increase in poverty in the Community;

13. Calls on the Member States, when drawing up the annual report on implementation of the Community Charter of the Fundamental Social Rights of Workers, to submit a detailed report to the Economic and Social Committee, the European Parliament and the Commission on the application of Community legislation implementing the Community Charter, on monitoring the implementation of this legislation and on action taken on infringements; the report should also state how they intend to remedy any shortcomings they have detected;

14. Expects the Commission to make available its preparatory studies on a proposal for a directive;

15. Repeats its call for social clauses to be included in trade and cooperation agreements and calls on the Commission, when submitting trade and cooperation agreements and associated financial protocols to Parliament, to produce a detailed report on the application of ILO standards and the implementation of the most important human rights conventions in the State with which the agreement is to be concluded;

16. Calls for the different vocational training programmes to be rationalized and made complementary so as to help young people to prepare for the demands of a rapidly changing world, and stresses the importance of providing young people with a guaranteed minimum income to help them in their basic training and enable them to enter the world of work;

17. Urges that no child under the age of 16 be obliged to work in future and calls for the Economic and Social Cohesion Fund to be set up as soon as possible and used to put an end once and for all to child labour;

18. Urgently requests the Commission and the Council to take the most effective action possible against youth unemployment by making it one of their prime objectives, and calls for the early adoption of the proposal for a directive on the protection of young people at work.

19. Instructs its Committee on Social Affairs, Employment and the Working Environment to assess the state of progress of the implementation of measures taken in application of the social action programme and, taking into account the views enumerated above, to develop a strategy for Parliament in the following fields:

(a) completion of the social dimension of the 1992 single market;

(b) making the Maastricht agreements on social policy operational and drawing up measures to compensate for the social impact of imposing rules on economic convergence;

(c) developing policies which will help to achieve a European social union; preparations for the revision of the Treaty on European Union in 1996;

(d) the budgetary instruments and accompanying measures needed to achieve the foregoing objectives;

20. Considers that its Committee on Economic and Monetary Affairs and Industrial Policy, its Committee on Regional Policy, Regional Planning and Relations with Regional and Local Authorities and its Committee on Budgets must be involved in these activities;

21. Takes the view that there is a need for the most frequent possible, regular consultation with the two sides of industry, the Council, the Commission and Parliament in this connection;

22. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the two sides of industry in the Member States and the Community.