treatment at work;
- the integration of persons excluded from the labour market, without
prejudice to Article 127 of the Treaty establishing the European
Community (hereinafter referred to as "the Treaty").
2. To this end, the Council may adopt, by means of directives,
minimum requirements for gradual implementation, having regard to
the conditions and technical rules obtaining in each of the Member
States. Such directives shall avoid imposing administrative, financial
and legal constraints in a way which would hold back the creation and
development of small and medium-sized undertakings.
The Council shall act in accordance with the procedure referred to in
Article 189c of the Treaty after consulting the Economic and Social
Committee.
3. However, the Council shall act unanimously on a proposal from the
Commission, after consulting the European Parliament and the
Economic and Social Committee, in following areas:
- social security and social protection of workers;
- protection of workers where their employment contract is terminated;
- representation and collective defence of the interests of worker and
employers, including co-determination, subject to paragraph 6;
- conditions of employment for third-country nationals legally residing
in Community territory;
- financial contributions for promotion of employment and job-creation,
without prejudice to the provisions relating to the Social Fund.
4. A Member State may entrust management and labour, at their joint
request, with the implementation of directives adopted pursuant to
paragraphs 2 and 3.
In this case, it shall ensure that, no later than the date on which a
directive must be transposed in accordance with Article 189,
management and labour have introduced the necessary measures by
agreement, the Member State concerned being required to take any
necessary measure enabling it at any time to be in a position to
guarantee the results imposed by that directive.
5. The provisions adopted pursuant to this Article shall not prevent
any Member State from maintaining or introducing more stringent
protective measures compatible with the Treaty.
6. The provisions of this Article shall not apply to pay, the right of
association, the right to strike or the right to impose lock-outs.
ARTICLE 3
1. The Commission shall have the task of promoting the consultation
of management and labour at Community level and shall take any
relevant measure to facilitate their dialogue by ensur