The European Parliament,

–   having regard to ILO Convention C87 on freedom of association and protection of the right to organise (1948), ILO Convention C98 on the right to organise and collective bargaining (1949) and ILO Recommendation R198 concerning the employment relationship (2006),

–   having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(1),

–   having regard to its resolution of 6 September 2006 on a European Social Model for the future which reiterates the European Union's common values of equality, solidarity, non-discrimination and redistribution(2),

–   having regard to Articles 136 to 145 of the EC Treaty,

–   having regard to Articles 15, 20 and 27 to 38 of the Charter of Fundamental Rights of the European Union(3), in particular the rights to protection in the event of unjustified dismissal and fair and just working conditions,

–   having regard to the European Social Charter,

–   having regard to the Report of the High Level Group on the future of social policy in an enlarged European Union of May 2004,

–   having regard to the Commission staff working document entitled 'Community Lisbon Programme: Technical implementation report 2006' and its implementation (SEC(2006)1379),

–   having regard to the Commission Communication on the Social Agenda (COM(2005)0033),

–   having regard to the national Lisbon reform programmes as presented by the Member States,

–   having regard to the Commission Communication entitled "Global Europe: competing in the world"(COM(2006)0567),

–   having regard to the Commission Communication on Integrated Guidelines for Growth and Jobs (2005-2008) (COM(2005)0141),

–   having regard to the Presidency conclusions of March 2000, March 2001, March and October 2005 and March 2006,

–   having regard to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP(4),

–   having regard to its resolution of 23 March 2006 on demographic challenges and solidarity between generations(5),

–   having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services(6),

–   having regard to its resolution of 26 October 2006 on the application of Directive 96/71/EC on the posting of workers(7),

–   having regard to the ILO Migrant Workers (Supplementary Provisions) Convention, 1975,

–   having regard to the ILO Private Employment Agencies Convention, 1997,

–   having regard to the ILO decent work agenda,

–   having regard to the Commission Communication entitled 'Promoting decent work for all: The EU contribution to the implementation of the decent work agenda in the world" (COM(2006)0249),

–   having regard to Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women(8),

–   having regard to Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(9),

–   having regard to Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(10),

–   having regard to Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work(11),

–   having regard to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees(12),

–   having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(13),

–   having regard to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Annex : Framework agreement on part-time work(14),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Internal Market and Consumer Protection and the Committee on Women's Rights and Gender Equality (A6-0247/2007),

A.   whereas, at a time of globalisation and rapid technological progress, demographic change and significant growth of the services sector, improvement of European labour law where necessary to take account of the requirement for increasing flexibility demanded by employers and employees alike, as well as a desire for greater worker security, will ensure that both undertakings and workers are able to adapt successfully, thereby reinforcing the values of the European Social Model,

B.   whereas economic growth is one of the fundamental conditions for sustainable employment growth, and whereas social policies, when appropriately designed, should not be regarded as a cost, and indeed can be a positive factor in the European Union's economic growth in line with achievement of the Lisbon agenda,

C.   whereas the European Union is not only a free trade area but also a community of shared values and, as a consequence, labour law should reflect those values, and whereas the basic principles of labour law which have developed within Europe remain valid; whereas labour law provides legal certainty and protection for workers and employers by way of either legislation or collective agreement, or a combination of the two, and whereas it regulates the balance of power between worker and employer, and whereas the success of any changes in labour law will be greater if workers feel more secure, and such security also depends on how easy it is to find a new job,

D.   whereas the freedom of movement of workers is one of the fundamental principles of the EU, as laid down in Article 39 of the EC Treaty, and whereas this fundamental freedom should go hand in hand with efficient implementation of the rules that ensure the principle of equal pay for equal work,

E.   whereas new forms of non-standard contracts and flexible standard contracts (e.g. part-time contracts, fixed-term contracts, temporary contracts through employment agencies, recurring freelance contracts and project contracts), some of which are non-secure in nature, today are increasingly common in the European labour market,

F.   whereas such forms of contractual relations, if accompanied by the necessary guarantees of employee security, can contribute towards providing businesses with the adaptability required in the new international context and at the same time towards responding to the specific needs of employees for a different balance between personal and family life and professional training,

G.   whereas part-time employment has accounted for around 60 % of newly-created jobs in the European Union since 2000, and whereas 68 % of part-time workers are satisfied with their working hours, whereas, however, this degree of satisfaction is closely linked to the level of protection that is afforded to part-time workers by labour law and social security,

H.   whereas part-time work is predominantly a feature of female employment, as it is often a compromise strategy that women follow because of the lack of accessible and affordable facilities for childcare and dependent persons care,

I.   whereas existing EC legislation promoting gender equality has not achieved its aims to date and the gender pay gap and lack of provisions concerning the reconciliation of work and family life and public childcare services remain key concerns for European workers,

J.   whereas temporary employment has grown faster in Member States where changes have been made to the relevant rules to encourage temporary employment and whereas non-standard employment may be beneficial if it suits the circumstances of workers and is voluntary; but whereas, at present, much non-standard employment is not chosen and many workers are falling outside the scope of fundamental labour and social rights, thereby undermining the principle of equal treatment,

K.   whereas the services provided by temporary agencies have been excluded from the scope of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market(15),

L.   whereas 60% of those who had taken up non-standard contractual arrangements in 1997 had standard contracts in 2003, indicating that 40% of non-standard workers still do not have full employment status after 6 years; whereas this concerns in particular young people who increasingly enter into employment via positions with working and social conditions which are much more insecure than average, and who increasingly risk remaining trapped on the margins of the labour market,

M.   whereas the recent growth in non-standard contracts has brought with it differences in working conditions in terms of health and safety that can lead to poorer working conditions and higher accident rates,

N.   whereas, given that inequalities generate direct and indirect economic costs and – on the contrary – equal treatment generates competitive advantages, the establishment of equal treatment constitutes a major strategic contribution to social and economic development; whereas, furthermore, the European Union cannot afford to dispense with the energy and the productive capacity of women, who make up half of the population,

O.   whereas women are now confronted with a triple bind, i.e. to increase their labour market participation, to give birth to more children, and to assume more and more caring responsibilities within their families; whereas it is nearly always women who are required to make the compromises necessary to fit work around the family's needs and who experience high levels of stress and anxiety because of the combination of working and caring roles,

P.   whereas it is a fact that hundreds of thousands of women have no choice but to accept irregular conditions of employment, because they are domestic workers outside their own household or have caring responsibilities for elderly family members,

Q.   whereas workers who have non-standard contracts may be at higher risk than their colleagues in other forms of employment due to lack of training, not knowing about risks, and unawareness of rights,

R.   whereas all workers should benefit from adequate employment security and protection, independently of their contractual arrangements,

S.   whereas in a number of Member States collective bargaining helps the labour market to operate flexibly and is a key element of labour law as well as an essential regulatory tool; whereas conditions concerning industrial relations must be respected and traditions of industrial relations and level of trade union membership vary in the Member States; whereas Member States should promote social dialogue between social partners at all levels because this can be an effective means of helping to achieve appropriate reforms in labour law,

T.   whereas action at European Union level must respect Member States' competence in the field of labour law and the principles of subsidiarity and proportionality; and whereas the Commission must propose initiatives when this is considered necessary to underpin a system of minimum social standards applicable throughout the Union, on the basis of the Community acquis,

U.   whereas in order to meet the current economic challenges the European Union must do its utmost to ensure the stability of the Member States" labour markets, respond to the large-scale redundancies in certain sectors and provide its citizens with a higher level of health and safety in the workplace than before, which is essential for maintaining living conditions in harmony with human dignity and fundamental European values,

V.   whereas the high level of unemployment in Europe is a failure which calls for actions making it easier for more people to enter the labour market, increasing mobility and helping workers to change jobs without sacrificing security; whereas the priority must be to create a climate which will foster the creation of additional, new, better quality jobs;

1.  Welcomes a new approach to labour law that aims to cover all workers regardless of their contractual situation;

2.  Welcomes discussions on the need to improve labour law to meet the challenges of the 21st century, which mean that employers and employees alike require greater flexibility, and the need to provide greater security than may currently be associated with non-standard forms of employment, and to enhance the protection of vulnerable workers, in order to create more and better jobs and greater social cohesion, thereby helping to achieve the goals of the Lisbon Strategy; considers that improving labour law should be consistent with the principles of the Charter of Fundamental Rights, with particular reference to Title IV, and must respect and safeguard the values of the European social model and established social rights;

3.  Welcomes the wide variety of labour traditions, contracts and business models existing in labour markets;

4.  Calls for the creation of flexible and secure contractual arrangements in the context of modern organization of work;

5.  Considers that among the priorities for labour law reform within Member States are:

6.  Stresses the social and economic priority of getting more people into employment in order for the European economy to be able to compete globally and to fulfil the promises of social security; underlines that the high unemployment in Europe today undermines wealth and future prosperity as well as European competitiveness and, even more importantly, creates social segregation;

7.  Regrets, however, that the social partners were not consulted as provided for by Article 138 of the EC Treaty, considering that the Commission's Green Paper entitled 'Modernising labour law to meet the challenges of 21st century' (COM(2006)0708) clearly has important implications for the social policy field;

8.  Considers that, if labour law is to meet the challenges of the 21st century, it must focus to a large extent on employment security throughout a worker's life rather than protecting particular jobs, making it easier both to enter and to stay in the labour market and to change from unemployment to employment and from one job to another through the use of active labour policies focused both on human capital development to enhance employability and on creating a supportive business climate as well as improving the quality of jobs;

9.  Considers that the labour relations which characterise citizens" employment and professional activity have been subject to profound changes over the course of the last decade, notes that the permanent full-time contract is the common form of the working relationship and as such should be seen as the reference for a coherent and consistent application of the principle of non-discrimination, therefore believes that European labour law should recognise employment contracts of an indefinite duration as the general form of employment where adequate social and health protection is provided and respect for fundamental rights is ensured;

10.  In this respect, acknowledges the need for working time arrangements to be sufficiently flexible to meet the needs of employers and employees and to enable people to better balance work and family life as well as to safeguard competitiveness and improve the employment situation in Europe, without neglecting the health of employees;

11.  Strongly disagrees with the analytical framework presented in the Green Paper, which claims that the standard indefinite employment contract is outdated, increases labour market segmentation and the gap between "insiders" and "outsiders", and must therefore be regarded as an obstacle to employment growth and improved economic dynamism;

12.  Stresses that labour legislation is only efficient, fair and strong if it is implemented by all Member States, applied equally to all actors and controlled on a regular basis and in an efficient manner; requests that within the "Better legislation" initiative the Commission should strengthen its role as Guardian of the Treaty concerning the implementation of social and employment legislation;

13.  Points out that recent OECD and other studies have shown that there is no evidence for the claim that reducing dismissal protection and weakening standard employment contracts facilitates employment growth; points out that the example of the Scandinavian countries shows clearly that a high level of dismissal protection and employment standards is fully compatible with high employment growth;

14.  Notes that certain forms of non-standard contracts, depending on how well they are embedded in labour and social security law, as well as the provision of lifelong learning and training opportunities, can contribute both to improving the European Union's economic competitiveness and also to catering for different needs of workers, bearing in mind the stage of life they are at and their job prospects; at the same time recognises that non-standard forms of work must go hand in hand with support for workers who find themselves in situations of transition from one job to another, or from one employment status to another; also notes that in order to make this transition rapid and sustainable, it is necessary to focus on active intervention allowing workers who re-enter the labour market to be entitled to some level of income support during the period strictly necessary for them to become more employable through training and requalification;

15.  Stresses that the Green Paper should focus on labour law itself;

16.  Notes the Commission's focus on individual labour law, and urges the Commission to promote collective labour law as one of the means of increasing both flexibility and security for workers and employers;

17.  Firmly believes that any form of employment, whether non-standard or otherwise, should carry with it a core of rights regardless of the specific employment status, which should include: equal treatment, workers" health and safety protection and provisions on working/rest time, freedom of association and representation, collective bargaining, collective action, and access to training; at the same time stresses that these matters should be adequately enforced at Member State level, taking into account the different traditions and social and economic circumstances in each country; underlines that Community legislation is not in contradiction to national legislation, but should be viewed as complementary;

18.  Notes that a fundamental part of labour law in many Member States, and as enshrined in the Treaty, is the right to take industrial action, and that the Commission has stated in proceedings before the Court of Justice that the specific form of some Nordic collective actions is in accordance with the EC Treaty, and requests the Commission to respect collective agreements as a specific type of labour law as recognised by the Court of Justice;

19.  Requests that all workers have access to the same level of protection and that certain groups are not excluded by default from the broadest level of protection, such as is currently often the case for seafarers, workers on vessels and offshore workers as well as workers in road transport; requests that efficient legislation should apply to all persons regardless of the place where they work;

20.  Considers that excessive administrative burdens can deter employers from taking on new workers even during times of economic growth, thereby worsening job prospects and preventing workers from entering the labour market; stresses that job creation is a priority European objective in accordance with the decisions taken by the Council in Lisbon in 2000;

21.  Notes the growing informal economy and especially the labour exploitation of undocumented workers and considers that the best ways to combat this phenomenon are to focus on instruments and mechanisms to tackle exploitation, including more and better enforcement of labour law and labour standards and to make legal employment easier and focus on fundamental human rights of workers; calls on Member States to bring forward legislation to prevent the exploitation of vulnerable workers by gangmasters and to sign and ratify the UN Convention on the Protection of the Rights of All Migrant Workers and their Families and to sign and ratify the Council of Europe Convention on Action Against Trafficking in Human Beings;

22.  Notes with great concern that the Green Paper, while recognising that the current labour market conditions create gender inequality, for example in terms of the gender pay gap and occupational and sectoral segregation, totally ignores the obligations and responsibilities under the Commission Communication 'A Roadmap for equality between women and men' (COM(2006)0092);

23.  Notes, again with great concern, that the Green Paper, although recognising that women face an imbalance between their professional and private lives, ignores the urgent need for action to reconcile professional and private life with demographic challenges, as is necessary to comply with the European Pact for Gender Equality and the Commission Communication on the demographic future of Europe (COM(2006)0571);

24.  Welcomes the wide variety of labour traditions, contractual forms and business models existing in labour markets;

25.  Calls for the creation of flexible and secure contractual arrangements in the context of modern work organizations;

26.  Highlights that small and medium-sized enterprises (SMEs) are recognised as playing a major role in creating and increasing employment in Europe as well as fostering social and regional development; believes therefore that it is vital to increase the role of SMEs in creating extra jobs by means of improving labour law;

27.  Considers that for more effective application of Community law it is necessary to address the deficiencies of the current social dialogue in some Member States given the absence of workers' representation in certain sectors, where most economic activity is undertaken by SMEs employing fewer than 10 people (this absence of representation being particularly pronounced in some new Member States);

28.  Observes that the current social dialogue structure fails to include many of the flexible workers discussed in the Green Paper, who are neither employers nor employees, and who must be consulted in addition to any discussions between the social partners;

29.  Endorses the Council's aim of mobilising all appropriate national and Community resources to develop a skilled, trained and adaptable workforce and labour markets responsive to the challenges stemming from the combined impact of globalisation and of the ageing of European societies;

30.  Notes that due to labour market segmentation, where job security is low and employment is more unstable, in many non-standard contracts there is little access to education and training, occupational pensions and professional development provided, and in general underinvestment in human capital; underlines that this increases economic insecurity and creates opposition to change and globalisation in general;

31.  Notes that, in many Member States, because no adequate social security exists, it is impossible to obtain a pension in the second pillar, bringing extra pressure to bear on old-age pensions in the first pillar;

32.  Believes that a combination of individual motivation, employers' support, accessibility and availability of facilities are the most important factors as regards participation in the process of lifelong learning and calls for the development of the education sector and schools which meet labour market requirements and workers" and employers" individual expectations; stresses the need for proper linking of professional careers and school syllabuses;

33.  Points to the urgent need to improve the educational level of the European Union population and urges the Commission, Member States and the social partners to invest in lifelong learning and the development of human capital as the most effective means of overcoming long-term unemployment, in which connection the development of skills and the acquisition of qualifications is in the general interest, as the European social partners jointly emphasise in the 2006 Framework of Action for the Lifelong Development of Competences and Qualifications;

34.  Is of the opinion that reforms of labour law should facilitate companies' investment in the skills of their workers, stimulate workers to upgrade their own skills and guarantee the intervention of social security systems to ensure such an approach;

35.  Stresses the importance of arriving at a degree of consistency in the field of labour law, which may be achieved though directives and collective agreements and the open method of coordination, urges the Commission to take account of the vast differences that exist between national labour markets and the Member States' competency in this area, but recalls the goal of creating a competitive, innovative and inclusive Europe and more and better jobs;

36.  Notes the lack of proper implementation and enforcement of existing Community legislation, and calls on the Commission to ensure coordination between the relevant national employment inspectorate bodies; stresses the need for Member States to bring their health and safety legislation into line with Community legislation;

37.  Considers that the rights of cross-border workers could be adequately protected under the relevant legislation if it were effectively implemented and that the aim of adopting a single definition of a worker and a self-employed person under Community law is extremely complex because of the very different social and economic realities and traditions in the individual Member States; at the same time, considers that there needs to be an initiative aimed at achieving the level of convergence necessary to guarantee that the implementation of the Community acquis is coherent and more efficient; this convergence should respect the rights of the Member States to determine the existence of an employment relationship;

38.  Acknowledges that business start-ups and micro-entrepreneurs may be economically dependent, if they initially participate in the economy with one client; takes the view therefore that genuinely self-employed people when dependent on one client should neither be assigned to a third category intermediate between self-employment and employment nor classified as employees;

39.  Reiterates its position, in compliance with the employment guidelines laid down by the Court of Justice, according to which the definition of worker should be based on the de facto situation at the place and time of work;

40.  Calls on Member States to promote the implementation of the 2006 ILO Recommendation on the employment relationship;

41.  Asks the Member States to note that the abovementioned ILO Recommendation provides that employment law should not interfere with genuine commercial relationships;

42.  Urges that the open method of coordination be used in the sphere of employment policy and social policy as a useful instrument for exchanging information on best practice so as to respond to joint challenges in a flexible and transparent manner, taking into account the diverse conditions which are of crucial importance for labour markets in individual Member States;

43.  Recommends to the Member States, the Council and the Commission that, within the framework of the open method of coordination, they exchange information on best practices concerning the flexible organisation of working time and take account of innovative working time arrangements that strike a good balance between work and family life;

44.  Calls on the Commission to continue to collect and analyse information on national labour markets so as to ensure that exchanges of information on good practice in connection with the employment policies pursued in individual Member States are based on reliable data, particularly homogeneous and comparable statistics;

45.  Calls on the Member States to review and adapt social security systems and to complement active labour market policies, particularly training and lifelong learning with a view to new realities of work supporting professional transitions and re-entry into the labour market to prevent any unnecessary dependence on benefits and work in the informal sector;

46.  Strongly condemns any abusive replacement of regular employment with new forms of employment without any imperative economic necessity, only the aim of maximising short-term profits to a far greater extent than normal, at the expense of the general public, employees and competitors; stresses that any such action violates the European social model, as it lastingly destroys the consensus, fairness and trust between employers and employees; urges Member States and the two sides of industry to take action in this regard in order to halt any irresponsible abuses;

47.  Recalls that flexicurity is defined as combining flexibility and security in the job market in a way that helps increase both productivity and the quality of jobs by guaranteeing security, while at the same time allowing firms the flexibility needed to create jobs in response to the changing needs of the market; is of the opinion that flexibility and security requirements are not contradictory and are mutually reinforcing;

48.  Stresses that flexicurity can only be achieved by effective and modern labour law that reflects the changing realities of work; notes that collective bargaining and strong social partners are an important part of the flexicurity approach; believes however that there are various models of flexicurity; also notes that a common approach should be based on combining firms' and workers' ability to adapt with a sufficient level of social protection, social security and unemployment benefits, active labour market policies and training/ lifelong learning opportunities; considers that broad welfare provisions and universal access to services such as childcare and other dependents contribute positively to these aims;

49.  Believes that the definition of flexicurity in the Commission's Green Paper is too narrow; notes however that the Commission will publish a communication on flexicurity;

50.  Believes that older workers should be able to remain in the workforce on a voluntary and flexible basis, supported by appropriate training and healthcare at work; highlights the urgent need for positive action to encourage older workers to re-enter the labour market, and the need for more flexibility in the choice of pension and retirement schemes;

51.  Calls on the Commission and the Member States to recognise that labour law has an immense influence on the behaviour of undertakings, and that their confidence in stable, clear and sound provisions is a key element when taking decisions to create more and better jobs and calls therefore on the Member States to implement and enforce properly all of the existing Community legislation affecting labour markets;

52.  Calls on the Member States to strengthen rights for parental leave and childcare provisions at both national and European level for both men and women;

53.  Welcomes the strategy outlined to fight against undeclared work and the underground economy, which – although present to a varying extent in the different Member States – damages the economy, leaves workers unprotected, is detrimental to consumers, reduces tax revenues and leads to unfair competition between firms; shares the Commission's approach to combating undeclared work through strong coordination between government enforcement agencies, labour inspectorates and/or trade unions, social security administrations and tax authorities, and calls on Member States to use innovative methods based on indicators and benchmarks specific to the different business sectors in order to fight against fiscal erosion;

54.  Calls on the Member States and the Commission to launch an information campaign directed at employers and workers aimed at drawing attention to the applicable EC minimum rules and regulations and to the adverse effects clandestine work can have on national social security systems, public finances, fair competition, economic performance and on workers themselves;

55.  Calls for special attention to be directed to young workers who are most engaged in temporary work to ensure that their lack of experience on the job does not lead to work-related accidents; encourages Member States to exchange good practice in this regard and calls on temporary employment agencies to raise awareness among employers and the young workers themselves;

56.  Highlights the role of the social partners in informing and training workers and employers on their rights and obligations in an employment relationship and on the enforcement of existing law in this area, and therefore calls on the Commission to promote technical support for social partners and to encourage them to share knowledge and experience in order to improve working conditions;

57.  Highlights the valuable role played by the social partners which already achieved some success in reforming labour markets, namely through the conclusion of agreements on parental leave, part-time work and fixed-term contracts, as well as telework and lifelong learning;

58.  Believes that the Member States must demonstrate a spirit of openness in the dialogue with the social partners on the subject of modernising labour law and adapting it to the challenges of the 21st century, take account of the social partners" arguments and respond to their concerns;

59.  Believes that the Commission should consult not only with prescribed social partners but with all organisations and individuals affected by labour legislation; notes in particular that SMEs are currently under-represented in the consultation process, as are workers who do not belong to a trade union;

60.  Points to the positive role of collective bargaining at national, sectoral and company level can play in employment relationships and work organisation, increasing the productivity of firms and improving working conditions, thereby encouraging growth in employment, and points to the possibility of changing arrangements so as to support the role of collective bargaining and open up such bargaining for solutions close at company level which benefit employees and employers;

61.  Calls on the Commission and the Member States, under the "Better legislation" initiative, to cooperate constantly with the social partners, and where appropriate other, relevant, representative civil society bodies on any legislation in the labour law or social policy fields, with a view to simplifying administrative procedures facing SMEs and new firms in particular, making their financial situation easier to increase their competitiveness in order to create jobs;

62.  Stresses the need to regulate joint and several liability for general or principal undertakings, in order to deal with abuses in the subcontracting and outsourcing of workers and to set up a transparent and competitive market for all companies on the basis of a level playing field regarding respect for labour standards and working conditions; in particular calls on the Commission and the Member States to clearly establish who is responsible for compliance with labour law and for paying the associated wages, social security contributions and taxes in a chain of subcontractors;

63.  Expresses its deep conviction that creating insecure, poorly-paid jobs is not an appropriate response to the relocation trend affecting more and more sectors; considers, on the contrary, that it is investment in research, development, training and lifelong learning which will be able to boost those sectors which are currently suffering from a lack of competitiveness;

64.  Calls on the Commission to facilitate the establishment of a dispute settlement system, to enable the European agreements between social partners to develop into an effective and flexible tool that can foster a more effective regulatory approach at European level;

65.  Calls on the Member States to remove the restrictions on access to their labour markets and thus improve worker mobility within the EU, thereby enabling the goals of the single market and the Lisbon Strategy to be achieved more swiftly;

66.  Instructs its President to forward this resolution to the Council and Commission, and the Parliaments of the Member States and candidate countries.

(1) OJ L 303, 2.12.2000, p. 16. (2) OJ C 305 E, 14.12.2006, p. 141. (3) OJ C 364, 18.12.2000, p. 1. (4) OJ L 175, 10.7.1999, p. 43. (5) OJ C 292 E, 1.12.2006, p. 131. (6) OJ L 18, 21.1.1997, p. 1. (7) Texts Adopted, P6_TA(2006)0463. (8) OJ L 45, 19.2.1975, p. 19. (9) OJ L 39, 14.2.1976, p. 40. (10) OJ L 348, 28.11.1992, p. 1. (11) OJ L 216, 20.8.1994, p. 12. (12) OJ L 254, 30.9.1994, p. 64. (13) OJ L 269, 5.10.2002, p. 15. (14) OJ L 14, 20.1.1998, p. 9. (15) OJ L 376, 27.12.2006, p. 36.