| Comparative table setting out the texts of Council Directive 77/187/EEC, the Commission's Original and Amended Proposal
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| TEXT OF COUNCIL DIRECTIVE 77/187/EEC
| COMMISSION'S ORIGINAL PROPOSAL
| COMMISSION'S AMENDED PROPOSAL
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| SECTION I
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| Scope and definitions
| Scope and definitions
| Scope and definitions
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| Article 1 | Article 1
| Article 1 |
| 1. This Directive shall apply to the transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer or merger.
| 1. This Directive shall apply to the transfer of an undertaking, business or part of a business to another employer effected by contract or by some other disposition or operation of law, judicial decision or administrative measure.
The transfer of an activity which is accompanied by the transfer of an economic entity which retains its identity shall be deemed to be a transfer within the meaning of this Directive. The transfer of only an activity of an undertaking, business or part of a business, whether or not it was previously carried out directly, does not in itself constitute a transfer within the meaning of the Directive.
| 1. This Directive shall apply to the transfer of an undertaking, business or part of a business to another employer effected by contract or by some other disposition or operation of law, judicial decision or administrative measure.
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| 2. This Directive shall apply where and in so far as the undertaking, business or part of the business to be transferred is situated within the territorial scope of the Treaty.
| 2. This Directive shall apply where and insofar as the undertaking, business or part of the business to be transferred is situated within the territorial scope of the Treaty.
| 2. This Directive shall apply where and insofar as the undertaking, business or part of the business to be transferred is situated within the territorial scope of the Treaty.
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| 3. This Directive shall not apply to sea-going vessels.
| 3. This Directive shall apply to public or private undertakings engaged in economic activities whether or not they are operated for gain.
| 3. This Directive shall apply to public or private undertakings engaged in economic activities whether or not they are operated for gain.
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| 4. Member States need not apply Section III of this Directive to sea-going vessels.
| 4. Member States need not apply Section III of this Directive to sea-going vessels.
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| 5. The Member States need not apply Articles 3 (1, 2 and 3) and 4 (1 and 2) of this Directive in cases where the undertaking, business or part of a business being transferred is the subject of bankruptcy proceedings or any other analogous proceedings instituted with aview to the liquidation of the assets of a natural or legal person and under the supervision of a competent public authority.
| 5. The Member States need not apply Articles 3 (1, 2 and 3) and 4(1 and 2) of this Directive in cases where the undertaking, business or part of a business being transferred is the subject of bankruptcy proceedings or any other analogous proceedings instituted with a view to the liquidation of the assets of a natural or legal person and under the supervision of a competent public authority
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| Article 2
1. For the purposes of this Directive:
(a) "Transferor" means any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), ceases to be the employer in respectof the undertaking, business or part of the business.
| Article 2
1. For the purposes of this Directive:
(a)"Transferor" meansany natural or legal person who, by reason of a transfer within the meaning of Article 1(1), ceases to be the employer in respectof the undertaking, business or part of the business.
| Article 2
1. For the purposes of this Directive:
(a)"Transferor" meansany natural or legal person who, by reason of a transfer within the meaning of Article 1(1), ceases to be the employer in respectof the undertaking, business or part of the business.
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| (b) "Transferee" means any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), becomes the employer in respectof the undertaking, business, or part of the business.
| (b) "Transferee" means any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), becomes the employer in respectof the undertaking, business, or part of the business.
| (b) "Transferee" means any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), becomes the employer in respectof the undertaking, business, or part of the business.
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| (c) "Representatives ofthe employees" means the representatives of the employees providedfor by the laws orpractice of the MemberStates, with the exception of members of administrative, governing or supervisory bodies of companies who represent employees on such bodies in certain Member States.
| (c) "Representatives of the employees" means the representatives of the employees provided for by the laws or practice of the Member States.
| (c) "Representatives of the employees" means the representatives of the employees provided for by the laws or practice of the Member States.
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| 2. This Directive is without prejudice to national law as regards the definition of contract of employmentor employment relationship. However, Member States shall not exclude from the scope of this Directive contracts of employment or employment relationships solely because:
| 2. This Directive is without prejudice to national law as regards the definition of contract of employment or employment relationship. However, Member States shall not exclude from the scope of this Directive contracts of employment or employment relationships solely because:
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| (a) Of the number of working hours performed or to be performed.
| (a) Of the number of working hours performed or to be performed.
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| (b) They are employment relationships governed by a fixed-duration contract of employment within the meaning of Article 1(1) of Council Directive 91/383/EEC, aimed at encouraging improvements in thesafety and health of workers with a fixed-duration employment relationship or a temporary employment relationship.[1]
| (b) They are employment relationships governed by a fixed-duration contract of employment within the meaning of Article 1(1) of Council Directive 91/383/EEC, aimed at encouraging improvements in thesafety and health of workers with a fixed-duration employment relationship or a temporary employment relationship. [2]
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| (c) They are temporary employment relationships within the meaning of Article 1(2) of Council Directive 91/383/EEC.
| (c) They are temporary employment relationships within the meaning of Article 1(2) of Council Directive 91/383/EEC.
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| SECTION II
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Safeguarding of employees' rights
Article 3
1. The transferor's rights and obligations arising from a contract of employment or from an employment relationship existing on the date of a transfer within the meaning of Article 1(1) shall, by reason of such transfer, be transferred to the transferee.
| Safeguarding of employees' rights
Article 3
1. The transferor's rights and obligations arising from a contract of employment or from an employment relationship existing on the date of a transfer within the meaning of Article 1(1) shall, by reason of such transfer, be transferred to the transferee.
| Safeguarding of employees' rights
Article 3
1. The transferor's rights and obligations arising from a contract of employment or from an employment relationship existing on the date of a transfer within the meaning of Article 1(1) shall, by reason of such transfer, be transferred to the transferee.
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| Member States may provide that, after the date of transfer within the meaning of Article 1(1) and in addition to the transferee, the transferor shall continue to be liable in respect of obligations which arose from a contract of employment or an employment relationship.
| Member States shall provide that, after the date of transfer within the meaning of Article 1(1) and in addition to the transferee, the transferor shall continue to be liable in respect of obligations which arose from a contract of employment or an employment relationship. However, in respect of obligations that fall due after the date of transfer, the transferor shall be liable only to the extent corresponding to the portion of the relevant period which expired on the date of the transfer. Member States may limit the transferor's joint liability to those obligations which arose before the date of the transfer and fall due within the first year following that date.
| Member States shall provide that, after the date of transfer within the meaning of Article 1(1), the transferor and the transferee shall be jointly and severally liable in respect of obligations which arose from a contract of employment or an employment relationship and fell due before the date of transfer.
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| 2. Following the transfer within the meaning of Article 1(1), the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.
| 2. Following the transfer within the meaning of Article 1(1), the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.
| 2. Following the transfer within the meaning of Article 1(1), the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agrement.
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| Member States may limit the period for observing such terms and conditions with the proviso that it shall not be less than one year.
| Member States may limit the period for observing such terms and conditions with the proviso that it shall not be less than one year.
| Member States may limit the period for observing such terms and conditions with the proviso that it shall not be less than one year.
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| 3. Paragraphs 1 and 2 shallnot cover employees' rights to old-age, invalidity or survivors' benefits under supplementary company or inter-company pension schemes outside the statutory social security schemes in Member States.
| 3. Paragraphs 1 and 2 shall not cover employees' rights to old-age, invalidity or survivors' benefits under supplementary company or inter-company pension schemes outside the statutory social security schemes in Member States.
| 3. Paragraphs 1 and 2 shallnot cover employees' rights to old-age, invalidity or survivors' benefits under supplementary company or inter-company pension schemes outside the statutory social security schemes in Member States.
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Member States shall adoptthe measures necessary to protect the interests of employees and of persons no longer employed in the transferor's business at the time of the transfer within the meaning of Article 1(1) in respect of rights conferring on them immediate or prospective entitlement to old-age benefits, including survivors' benefits, under supplementary schemes referred to in the first subparagraph.
| Member States shall adopt the measures necessary to protect the interests of employees and of persons no longer employed in the transferor's business at the time of the transfer within the meaning of Article 1(1) in respect of rights conferring on them immediate or prospective entitlement to old-age benefits, including survivors' benefits, under supplementary schemes referred to in the first subparagraph.
| Member States shall adopt the measures necessary to protect the interests of employees and of persons no longer employed in the transferor's business at the time of the transfer within the meaning of Article 1(1) in respect of rights conferring on them immediate or prospective entitlement to old-age benefits, including survivors' benefits, under supplementary schemes referred to in the first subparagraph.
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| 4. Notwithstanding paragraphs 1, 2 and 3 of this Article, the laws of the Member States may provide that the transferor's debts—arising from a contract of employment or an employment relationship—due before the transfer or before the opening of insolvency proceedings, shall not be transferred to the transferee in cases of transfers effected in the context of insolvency proceedings otherthan the proceedings mentioned in Article 1(5), such as administration or judicial arrangements, compositions, suspension of payments, or other analogous non-liquidation proceedings, provided that such proceedings
| 4. Notwithstanding paragraphs 1, 2 and 3 of this Article, the laws of the Member States may provide that the transferor's debts—arising from a contract of employment or an employment relationship—due before the transfer or before the opening of insolvency proceedings, shall not be transferred to the transferee in cases of transfers effected in the context of insolvency proceedings other than the proceedings mentioned in Article 1(5), such as administration or judicial arrangements, compositions, suspension of payments, or other analogous non-liquidation proceedings, provided that such proceedings:
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| (a) Are conducted under the supervision of a competent public authority, which may be an insolvency practitioner authorised by a competent public authority, and,
| (a) Are conducted under the supervision of a competent public authority, which may be an insolvency practitioner authorised by a competent public authority, and
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| (b) Give rise, according to the legislation of the Member State in question, to the protection laid down by its national law, ensuring a level of protection at least equivalent to that provided for by Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer[3]
| (b) Give rise, according to the legislation of the Member State in question, to the protection laid down by its national law, ensuring a level of protection at least equivalent to that provided for by Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer[4]
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| | 5. Member States shall provide for the necessary measures to ban the use of fraudulent insolvency proceedings intended to deprive employees of the rights laid down in this Directive
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| Article 4 | Article 4
| Article 4 |
| 1. The transfer of an undertaking, business or part of a business shall not in itself constitute grounds for dismissal by the transferor or the transferee. This provision shall not stand in the way of dismissals that may take place for economic, technical or organisational reasons entailing changes in the workforce.
| 1. The transfer of an undertaking, business or part of a business shall not in itself constitute grounds for dismissal by the transferor or the transferee. This provision shall not stand in the way of dismissals that may take place for economic, technical or organisational reasons entailing changes in the workforce.
| 1. The transfer of an undertaking, business or part of a business shall not in itself constitute grounds for dismissal by the transferor or the transferee. This provision shall not stand in the way of dismissals that may take place for economic, technical or organisational reasons entailing changes in the workforce.
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| Member States may provide that the first subparagraph shall not apply to certain specific categories of employees who are not covered by the laws or practice of the Member States in respect of protection against dismissal.
| Member States may provide that the first subparagraph shall not apply to certain specific categories of employees who are not covered by the laws or practice of the Member States in respect of protection against dismissal.
| Member States may provide that the first subparagraph shall not apply to certain specific categories of employees who are not covered by the laws or practice of the Member States in respect of protection against dismissal.
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| 2. If the contract of employment or the employment relationship is terminated because the transfer within the meaning of Article 1(1) involves a substantial change in working conditions to the detriment of the employee, the employer shall be regarded as having been responsible for termination of the contract of employment or of the employment relationship.
| 2. If the contract of employment or the employment relationship is terminated because the transfer within the meaning of Article 1(1) involves a substantial change in working conditions to the detriment of the employee the employer shall be regarded as having been responsible for termination of the contract of employment or of the employment relationship.
| 2. If the contract of employment or the employment relationship is terminated because the transfer within the meaning of Article 1(1) involves a substantial change in working conditions to the detriment of the employee the employer shall be regarded as having been responsbile for termination of the contract of employment or of the employment relationship.
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| 3. Notwithstanding Article 3(1, 2 and 3), the laws of the Member States may allow the employer or the person or persons exercising the employer's powers, on the one hand, and the employees' representatives, on the other hand, to change the terms and conditions of employment by an agreement concluded as a means of ensuring the survival of an undertaking, business or part of a business transferred in the context of the proceedings referred to in Article 3(4). Such an agreement may also determine whether and to what extent dismissals may take place for economic, technical or organisational reasons entailing changes in the workforce.
| 3. Notwithstanding Article 3 (1 and 2), the laws of the Member States may allow the employer or the person or persons exercising the employer's powers, on the one hand, and the employees' representatives, on the other hand, insofar as they enjoy sufficient independence to carry out the functions assigned to them to change the terms and conditions of employment by an agreement concluded as a means of ensuring the survival of an undertaking, business or part of a business transferred in the context of the proceedings referred to in Article 3(4). Such an agreement may also determine whether and to what extent dismissals may take place for economic, technical or organisational reasons entailing changes in the workforce.
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| 4. Without prejudice to paragraph 2 of this Article, where the agreement referred to in paragraph 3 is concluded, it shall be presumed, unless proved to the contrary, that the alteration of the terms and conditions of employment is made as a means of ensuring the survival of the transferred undertaking, business or part of a business and that the dismissals concerned are effected for economic, technical and organisational reasons, entailing changes in the work force.
| 4. Without prejudice to paragraph 2 of this Article, where the agreement referred to in paragraph 3 is concluded, it shall be presumed, unless proved to the contrary, that the alteration of the terms and conditions of employment referred to in the agreement is made as a means of ensuring the survival of the transferred undertaking, business or part of a business and that the dismissals referred to in the agreement concerned are effected for economic, technical and organisational reasons, entailing changes in the work force.
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| 5. The Member States may confer on the competent judicial authorities the power to alter or terminate contracts of employment or employment relationships existing on the date of a transfer effected in the framework of insolvency proceedings referred to in Article 3(4) to ensure the survival of the undertaking, business or part of a business.
| 5. Deleted. |
| Article 5 | Article 5
| Article 5 |
| 1. If the business preserves its autonomy, the status and function, as laid down by the laws, regulations or administrative provisions of the Member States, of the representatives or of the representation of the employees affected by the transfer within the meaning of Article 1(1) shall be preserved.
| 1. If the business preserves its autonomy, the status and function of the representatives or of the representation of the employees affected by a transfer within the meaning of Article 1 shall be preserved on the same terms and subject to the same conditions as existed before the date of the transfer by virtue of law, regulation, administrative provision or agreement, provided that the conditions necessary for the constitution of the employees' representation are fulfilled.
| 1. If the business preserves its autonomy, the status and function of the representatives or of the representation of the employees affected by a transfer within the meaning of Article 1 shall be preserved on the same terms and subject to the same conditions as existed before the date of the transfer by virtue of law, regulation, administrative provision or agreement, provided that the conditions necessary for the constitution of the employees' representation are fulfilled.
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| The first subparagraph shall not apply if, under the laws, regulations, administrative provisions or practice ofthe Member States, the conditions necessary for there-appointment of the representatives of the employees or for the reconstruction of the representation of the employees are fulfilled.
| The first subparagraph shall not apply if, under the laws, regulations, administrative provisions or practice in the Member States, or by agreement with the representatives ofthe employees, the conditions necessary for the reappointment of the representatives of the employees or for the reconstitution of the representation of the employees are fulfilled.
| The first subparagraph shall not apply if, under the laws, regulations, administrative provisions or practice in the Member States, or by agreement with the representatives ofthe employees, the conditions necessary for the reappointment of the representatives of the employees or for the reconstitution of the representation of the employees are fulfilled.
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| If the business does not preserve its autonomy and provided that the conditions necessary for the consitution of the representation of the employees are fulfilled, the Member States shall take the necessary measures to ensure that the employees transferred, who were represented before the transfer, continue to be properly represented during the period prior to the reconstitution or reappointment of the representation of employees.
| If the business does not preserve its autonomy and provided that the conditions necessary for the consitution of the representation of the employees are fulfilled, the Member States shall take the necessary measures to ensure that the employees transferred, who were represented before the transfer, continue to be properly represented during the period prior to the reconstitution or reappointment of the representation of employees.
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| 2. If the term of office of the representatives of the employees affected by a transfer within the meaningof Article 1(1) expires as aresult of the transfer, the representatives shall continue to enjoy the protection provided by the laws, regulations, administrative provisions or practice of the Member States.
| 2. If the term of office of the representatives of the employees affected by a transfer within the meaning of Article 1(1) expires as a result of the transfer, the representatives shall continue to enjoy the protection provided by the laws, regulations, administrative provisions or practice of the Member States.
| 2. If the term of office of the representatives of the employees affected by a transfer within the meaning of Article 1(1) expires as a result of the transfer, the representatives shall continue to enjoy the protection provided by the laws, regulations, administrative provisions or practice of the Member States.
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| SECTION III |
| Information and consultation
| Information and consultation
| Information and consultation
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| Article 6 | Article 6
| Article 6 |
1. The transferor and the transferee shall be required to inform the representatives of their respective employees affected by a transfer within the meaning of Article 1(1) of the following:
— The reasons for the transfer.
— The legal, economic and social implications of the transfer for the employees.
— Measures envisaged in relation to the employees.
The transferor must give such information to the representatives of his employees in good time before the transfer is carried out.
The transferee must give such information to the representatives of the employees in good time, and in any event before his employees are directly affected by the transfer as regards their conditions of work and employment.
| 1. The transferor and the transferee shall be required to inform the representatives of employees affected by a transfer within the meaning of Article 1(1) of the following:
— The reasons for the transfer.
— The legal, economic and social implications of the transfer for the employees.
— Any measures envisaged in relation to the employees.
The transferor must give such information to the representatives of his employees in good time before the transfer is carried out.
The transferee must give such information to the representatives of the employees in good time, and in any event before his employees are directly affected by the transfer as regards their conditions of work and employment.
| 1. When the transferor and transferee envisage a transfer within the meaning of Article 1(1), they shall be required to inform the representatives of their respective employees affected by the transfer of the following:
— The reasons for the transfer.
— The legal, economic and social implications of the transfer for the employees.
— Any measures envisaged in relation to the employees.
The transferor must give such information to the representatives of his employees in good time before the transfer is carried out.
The transferee must give such information to the representatives of the employees in good time, and in any event before his employees are directly affected by the transfer as regards their conditions of work and employment.
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| 2. If the transferor or the transferee envisages measures in relation to his employees, he shall consult his representatives of the employees in good time on such measures with a view to seeking agreement.
| 2. If the transferor or the transferee envisages measures in relation to his employees, he shall consult the representatives of his employees in good time on such measures with a view to reaching an agreement.
| 2. When the transferor or the transferee envisages measures in relation to his employees, he shall consult the representatives of his employees in good time on such measures with a view to reaching an agreement.
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3. Member States whose laws, regulations or administrative provisions provide that representatives of the employees may have recourse to an arbitration board to obtain a decision on the measures to be taken in relation to employees may limit the obligations laid down in paragraphs 1 and 2 to cases where the transfer carried out gives rise to a change in the business likely to entail serious disadvantages for a considerable number of the employees.
The information and consultations shall cover the measures envisaged in relation to the employees.
The information must be provided and consultations take place in good time before the change in the business as referred to in the first sub-paragraph is effected.
| 3. Member States whose laws, regulations or administrative provisions provide that representatives of the employees may have recourse to an arbitration board to obtain a decision on the measures to be taken in relation to employees may limit the obligations laid down in paragraphs 1 and 2 to cases where the transfer carried out gives rise to a change in the business likely to entail serious disadvantages for a considerable number of the employees.
The information and consultations shall cover at least the measures envisaged in relation to the employees. The information must be provided and consultations take place in good time before the change in the business as referred to in the first sub-paragraph is effected.
| 3. Member States whose laws, regulations or administrative provisions provide that representatives of the employees may have recourse to an arbitration board to obtain a decision on the measures to be taken in relation to employees may limit the obligations laid down in paragraphs 1 and 2 to cases where the transfer carried out gives rise to a change in the business likely to entail serious disadvantages for a considerable number of the employees.
The information and consultations shall cover at least the measures envisaged in relation to the employees.
The information must be provided and consultations take place in good time before the change in the business as referred to in the first sub-paragraph is effected.
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| 4. Member States may limit the obligations laid down in paragraphs 1, 2 and 3 to undertakings or business which, in respect of the number of employees, fulfil the conditions for the election or designation of a collegiate body representing the employees.
| 4. The obligations laid down in this Article shall apply irrespective of whether the decision leading the transfer is taken by the employer or by an undertaking controlling the employer. In considering alleged breaches of the information and consultation requirements laid down by this Directive, the argument that such breach occurrred because the information has not beenprovided by the undertaking which took the decision leading to the transfer shall not be accepted as an excuse.
| 4. The obligations laid down in this Article shall apply irrespective of whether the decision resulting in the transfer is taken by a natural or a legal person other than the employer.
In considering alleged breaches of the information and consultation requirements laid down by this Directive, the argument that such breach occurred because the information has not been provided by the natural or legal person who/which took the decision leading to the transfer shall not be accepted as an excuse.
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| 5. Member States may provide that where there are no representatives of the employees in an undertaking or business, the employees concerned must be informed in advance when a transfer within the meaning of Article 1(1) is about to take place.
| 5. The Member States may limit the obligations laid down in paragraphs 1, 2 and 3 to undertakings or business which, normally employ 50 or more employees or which, if employing less than 50 employees, fulfil the workforce size thresholds for the election or nomination of a collegiate body representing the employees.
| 5. The Member States may limit the obligations laid down in paragraphs 1, 2 and 3 to undertakings or business which, in terms of the number of employees, meet the conditions for the election or nomination of a collegiate body representing the employees.
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| 6. Member States shall provide that where there are no representatives of the employees in the undertaking or business, the employees concerned must be informed in advance when a transfer within the meaning of Article 1(1) is about to take place.
| 6. Member States shall provide that where there are no representatives of the employees in the undertaking or business, the employees concerned must be informed in advance when a transfer within the meaning of Article 1(1) is about to take place.
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| | Article 6A For the purposes of the information and consultation requirements laid down in this Directive, the Member States shall provide for employee representatives who enjoy the necessary independence to carry out the functions assigned to them.
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| SECTION IV
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| Final provisions |
Final provisions | Final provisions
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| Article 7 | Article 7
| Article 7 |
| This Directive shall not affect the right of Member States to apply or introduce laws, regulations or administrative provisions which are more favourable to employees.
| This Directive shall not affect the right of Member States to apply or introduce laws, regulations or administrative provisions which are more favourable to employees or to promote or permit collective agreements or agreements between social partners more favourable to employees.
| This Directive shall not affect the right of Member States to apply or introduce laws, regulations or administrative provisions which are more favourable to employees or to promote or permit collective agreements or agreements between social partners more favourable to employees.
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| | Article 7AMember States shall provide for sanctions in the event of failure to comply with the national provisions adopted under this Directive and shall take the necessary measures to ensure that these sanctions are enforced. These sanctions shall be effective, proportionate and dissuasive.
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| | Article 7BWhen the Member States apply the provisions contained in this Directive, they may under no circumstancesintroduce discrimination onthe basis of race, sex, age, handicap, sexual orientation, colour, religion or nationality.
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| Article 8 | Article 8
| Article 8 |
| 1. Member States shall bring into force the laws, regulations and administrative provisions needed to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof.
| Member States shall introduce into their national legal systems such measures as are necessary to enable all employees who consider themselves wronged by failure to comply with the obligations arising from this Directive to pursue their claims by judicial process after possible recourse to other competent authorities.
| Member States shall introduce into their national legal systems such measures as are necessary to enable all employees who consider themselves wronged by failure to comply with the obligations arising from this Directive to pursue their claims by judicial process after possible recourse to other competent authorities.
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| This Article shall also apply to employees' representatives in respect of their rights under Articles 4(3,4 and 5), and 6.
| This Article shall also apply to employees' representatives in respect of their rights under Articles 4 (3 and 4) 5 and 6.
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| 2. Member States shall communicate to the Commission the texts of the laws, regulations and administrative provisions which they adopt in the field covered by this Directive.
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| Article 9 | Article 9
| Article 9 |
| Within two years following expiry of the two-year period laid down in Article 8 Member States shall forward all relevant information to the Commission in order to enable it to draw up a report on the application of this Directive for submission to the Council.
| 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1996 at the latest or shall ensure, that, at that date at the latest, the employers and employees representatives have introduced the required provisions by means of agreement, the Member States being obliged to take the necessary steps enabling them at all times to guarantee the results imposed by this Directive.
| 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1996 at the latest or shall ensure, that, at that date at the latest, the employers and employees representatives have introduced the required provisions by means of agreement, the Member States being obliged to take the necessary steps enabling them at all times to guarantee the results imposed by this Directive.
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| 2. When Member States adopt the measures referred to in paragraph 1, such measures shall contain a reference to the Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
| 2. When Member States adopt the measures referred to in paragraph 1, such measures shall contain a reference to the Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
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| Member States shall inform the Commission immediately of the measures they take to implement this Directive.
| Member States shall inform the Commission immediately of the measures they take to implement this Directive.
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| Article 10 | Article 10
| Article 10 |
| This Directive is addressed to the Member States.
| Directive 77/187/EEC is repealed with effect from the date of transposal of the present Directive, without prejudice to the Member States' obligations with regard to the deadline for transposal of Directive 77/187/EEC, indicated in Annex 1.
| Directive 77/187/EEC is repealed with effect from the date of transposal of the present Directive, without prejudice to the Member States' obligations with regard to the deadline for transposal of Directive 77/187/EEC, indicated in Annex 1.
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| Any references made to the repealed Directive are understood as being made to the present Directive within the meaning of Article 9(1), and are to be interpreted on the basis of the Comparative Table in Annex II.
| Any references made to the repealed Directive are understood as being made to the present Directive within the meaning of Article 9(1), and are to be interpreted on the basis of the Comparative Table in Annex II.
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| Article 11
| Article 11 |
| This Directive is addressed to the Member States.
This Directive shall enter into force 20 days after its publication in the Official Journal of the European Communities.
| This Directive is addressed to the Member States.
This Directive shall enter into force 20 days after its publication in the Official Journal of the European Communities.
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