Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-05-04-Speech-1-121"
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"en.20090504.17.1-121"2
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"Two issues stood out in this negotiation: so-called on-call time and the opt-out clause.
With regard to on-call time, I want to say that we were very close to a compromise but that, at the last moment, the Council inexplicably back-pedalled.
As for the opt-out, Parliament could never have accepted its undefined generalisation because, in practical terms, this would have simply meant the deregulation of the labour market.
The fact that there are currently 15 countries using the opt-out is because the proportion of on-call time is not sufficient to meet actual needs. The on-call system is not sufficient to meet actual needs, particularly in the area of health. This was resolved in Parliament’s proposal, and it would not have been necessary for so many countries to use the opt-out. This was even recognised by the Presidency during the negotiations.
What is absolutely clear is that the opt-out has nothing to do with flexibility. Flexibility can be fully achieved by making the reference period a year, as proposed by Parliament in 2005.
Parliament has always fought on this issue so that we could at least glimpse a future date when the opt-out will end. However, a blocking minority in the Council not only accepted this opt-out, but also wanted to make its application a rule, rather than an exception. I would remind you that the opt-out was accepted in 1993, but as a clear exception.
Ladies and gentlemen, employment contracts cannot be compared with any other contracts in which the parties are in an identical situation. Employment law and science exist in Europe because for a long time it has been accepted that one of the parties is at a disadvantage and must therefore be protected.
The blocking minority in the Council, with its clear attitude of inflexibility, wanted to end this protection, which, in my opinion, is absolutely unacceptable to anyone who defends the fundamental values that form the very foundation of the European social model."@en1
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