31971R2395
Official Journal of the European Communities 921
No L 249/52 Official Journal of the European Communities 10.11.71
# REGULATION (EEC) No 2395 /71 OF THE COUNCIL
of 8 November 1971 on the organisation of a survey on the structure and distribution of wages and salaries in industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES, surveys on the structure and distribution of wages and salaries must therefore be based on uniform Having regard to the Treaty establishing the definitions and made according to a uniform method; European Economic Community, and in particular Article 213 thereof; Whereas the best method of ascertaining the position and the trend of the structure and distribution of Having regard to the draft regulation submitted by wages and salaries in industry is to carry out a the Commission ; specific Community survey as was done in 1966 in implementation of Regulation No 188/64/EEC7; Whereas, in order to carry out the tasks entrusted to it under the Treaty, and in particular by Articles 2, 3, Whereas, owing to changes which occur in the 117, 118 , 120 and 122 thereof, the Commission must structure of the labour force and the distribution of be kept informed of the position and trend of wages wages and salaries, the results of the survey for the and salaries in the six countries of the Community year 1966 can only be considered valid for a certain both as regards fluctuations resulting from the struc period of time; whereas it is consequently desirable ture of the labour force and as regards the distribution to carry out a fresh survey based on data for the year of workers among wage or salary levels ; 1972 in order to bring up to date the results of the preceding survey; Whereas, furthermore, paragraph 6 of the Resolution of the Conference of Member States of 30 December Whereas it is important to obtain, by means of a 1961 on equal pay for men and women provided for single uniform survey, a complete picture of the a survey on the structure of wages and salaries ; structure and distribution of wages and salaries for the whole of the employed labour force (manual and Whereas the surveys on wages and salaries carried clerical workers ; supervisory and executive staff) and out in implementation of Regulations No 10,1 No for the whole of industry including the energy and 14,2 No 28 ,3 No 151 ,4 No 101 /66/EEC5 and (EEC) water sectors and the building industry and civil No 1899/68 6 on the basis of statistical information engineering; whereas it is therefore necessary, in view for the years 1959-69 only supplied averages based of the scope of the investigation, to carry it out by on aggregate data and could not indicate what means of random sampling, so that it does not relation there is between salaries and the individual constitute too heavy a burden on undertakings and characteristics of the workers concerned (age, sex, on the budget of the European Communities ; occupational qualification, seniority, etc) nor how wages and salaries are distributed around an average; HAS ADOPTED THIS REGULATION : Whereas statistical information in that field is available in some Member States only and does not provide a valid basis for comparison; whereas Article 1
The Commission shall carry out a survey on the ' 1 OJ No 56, 31.8.1960, p. 1199/60. structure and distribution of wages and salaries for 2 OJ No 55 , 16.8.1961 , p. 1054/61 . the whole of the labour force in industry on the basis 3 OJ No 41 , 28.5.1962, p. 1277/62 . of statistical information for the month of October 4 OJ No 133 , 13.12.1962, p. 2841/62 . 5 OJ No 134, 22.7.1966, p. 2540/66. 0 OJ No L 289, 29.11.1968, p. 4. 7 OJ No 214, 24.12.1964, p. 3634/64.
922 Official Journal of the European Communities
1972 in respect of manual workers, and for the year allowances ; there shall not be shown, however, 1972 as a whole as well as October 1972 in respect of the salary and bonuses paid to employees whose employees other than manual, workers (clerical yearly remuneration exceeds an amount fixed for workers and supervisory and executive staff). each country by the Commission in agreement with the statistical offices of the Member States .
Article 2 Article 4 o The survey shall include all establishments in industry and, where appropriate, small craft industry. Information shall be gathered by the statistical offices It shall cover the whole field of industrial activity, of the Member States by means of questionnaires including the energy and water sectors, the building drawn up by the Commission in co-operation with industry and civil engineering. The scope of the those offices . survey shall be restricted to Divisions 1 to 5 of the Nomenclature of Economic Activities in the The Commission shall, in co-operation with the European Communities (NACE). The statistical unit statistical offices of the Member States, determine the shall be an establishment, whatever, its legal form, detailed procedure for the survey, and in particular employing not less than ten workers. the plan for random sampling. Furthermore, it shall lay down in the same way the starting and closing The survey shall be carried out by means of random dates of the survey, the time limit for replying to the sampling. questionnaires and also the procedure for transmitting the results of the survey to the Commission . Employers whose establishments are listed for random sampling shall supply, as provided below, the information needed to determine the structure Persons required to supply information shall reply to and distribution of wages and salaries. - the questionnaire truthfully, fully, and within the time limit set.
The following individual data shall be gathered for Individual items of information gathered for purposes purposes of the survey: of the survey shall be communicated to the Commission without details of any names involved. 1 . Gross earnings of employees (manual and clerical Such information shall be used for statistical workers ; supervisory or executive staff) for purposes only. It shall be prohibited to use the October 1972, or a minimum of one full salary or wage period during that month, including the information for taxation purposes or to communicate it to third parties . various bonuses paid regularly and extra pay for overtime, night work, Sunday work or continuous shift working, also family allowances paid by the In the case of an infringement of the provisions of the employer either of his own accord or under a preceding paragraph, the laws in force in each collective agreement; there shall not be shown, Member State as regards statistical surveys in that however, the gross earnings of employees whose State shall apply. remuneration exceeds an amount fixed for each country by the Commission in agreement with the Article 6 statistical offices of the Member States ;
2 . Deductions in respect of social security The survey shall, where this Regulation does not contributions payable by employees ; otherwise provide, be carried out in accordance with 3 . Sex, age, occupational qualification, seniority in the laws of each Member State on statistical surveys in that State. the undertaking, basis for calculating wage or salary, system of payment of wage or salary, working hours, payment of wage or salary in case of absence; Article 7
4. Number of hours paid; Expenditure incurred by Member States in 5 . For each employee who is not a manual worker, connection with the' survey shall be entered against the total amount of salary paid for 1972 including appropriations provided for that purpose in the extra payments for overtime and all bonuses and budget of the European Communities.
Official Journal of the European Communities 923
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 8 November 1971 .
For the Council The President
A. MORO