New forms of flexible working can bring benefits for employers and employees alike. But part-time work has to be on a fair footing.

A Framework Agreement between Europe’s employers and trade unions sets out to eliminate unjustified discrimination against part-time workers and improve the quality of part-time work. It also aims to facilitate the development of part-time work on a voluntary basis and contribute to the flexible organisation of working time in a way that takes account of employers’ and workers’ needs. Framework agreements are major joint inputs by the social partners into European labour law and practice. This one is backed by an EU Directive (97/81/EC), which was extended to the UK by another Directive (98/23/EC).

The Framework Agreement requires that part-time workers’ employment conditions may not be less favourable than those of comparable full-time workers, unless there are objective reasons for different treatment. In addition, it exhorts employers, as far as possible, to take account of employees’ preferences and their requests to transfer from full-time to part-time employment or vice versa. Employers should also facilitate access to the relevant jobs.

A worker’s refusal to transfer from full-time to part-time work or vice versa should not in itself be a valid reason for dismissal.

The texts of the Directives are available, as are the consultation documents and an implementation report.

Directives

• Directive 97/81/EC concerning the Framework Agreement on Part-Time work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation (ETUC)
• Directive 98/23/EC on the extension of Directive 97/81/EC on the Framework Agreement on Part-Time work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation (ETUC) to the United Kingdom and Northern Ireland

Preparatory Documents

• Flexibility in working time and security for workers: First phase of consultation with the Social Partners SEC (95) 1540/3
• Deuxième phase de consultation avec les partenaires sociaux SEC (96) 658
• Proposal for a Directive concerning the Framework Agreement on Part-Time Work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation (ETUC) COM (97) 392
• Proposal for a Directive on the extension of Council Directive 97/81/EC on the Framework Agreement on Part-time Work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation (ETUC) to the United Kingdom and Northern Ireland COM (98) 84 
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Implementation Report

• Report by the Commission's services on the implementation of Council directive 97/81/EC of 17 December 1997 concerning the framework agreement on part-time work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation (ETUC) (2003)

Study

• Commission Report - Implementation of Directive 97/81/EC concerning the framework agreement on part-time work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation (ETUC) (Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia) (2007)
• Reports (Executive Summaries) on the implementation of Directive 1997/81/EC in Bulgaria and in Romania (2009)