The Parliament’s Committee on Employment and Social Affairs
approved a draft Directive that requires Member States to set up a
“guarantee institution” to ensure that employees who find
themselves in this situation receive the salaries and benefits due
to them.
The text, prepared by the European Commission, is intended to
amend a 1980 directive by bringing it into line with developments
in the labour market and insolvency legislation in the Member
States.
In its common position, the Council accepted many of the
amendments adopted by Parliament at first reading on 29th November
2001. However it rejected certain amendments covering “new forms of
work and work relations”. Nevertheless, the committee wanted to
ensure that the new Directive can be adopted and implemented as
soon as possible and has therefore refrained from re-tabling
amendments, which means that these issues will not be dealt with by
the Directive.
In fact, MEPs tabled only a few amendments. These seek to
broaden the scope of the rules on severance pay where this is
provided for under national law. They also want Member States to
observe certain principles when regulating the organisation,
funding and operation of the guarantee institutions. Lastly, the
Commission is asked to submit within five years an assessment of
the implementation of the directive in the Member States.
The full Parliament will vote on this report at the May plenary
session in Strasbourg.
