Activities of Tamás MESZERICS related to 2017/0355(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union PDF (1 MB) DOC (207 KB)
Amendments (173)
Amendment 51 #
Proposal for a directive
Recital 5
Recital 5
(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequat, regardless of their formal status, in the Union the highest possible degree of transparency and predictability as regards their working conditions.
Amendment 53 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. Additionally the ILO’s tripartite constituents adopted Recommendation 198 Employment Relationship (2006) with indicators for an employment relationship, among others subordination and/or economic dependency, primacy of facts and presumption of an employment relationship. The definition of worker in Article 2(1) isneeds to be based on these criteria developed by both ECJ and ILO. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 57 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In line with ILO recommendation 198, where, under direction “cannot be directly established, economic dependency should be considered the core additional criterion in assessing whether the person is a worker.
Amendment 58 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
Amendment 59 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) In line with ILO recommendation 198, it should be automatically provided for a legal presumption that an employment relationship exists where one or more relevant indicators are present.
Amendment 61 #
Proposal for a directive
Recital 8
Recital 8
Amendment 62 #
Proposal for a directive
Recital 9
Recital 9
Amendment 65 #
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementIf several natural and or legal persons are responsible as employer, they are jointly and severally liable.
Amendment 67 #
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementIf several natural and or legal persons are responsible as employer, they are jointly and severally liable.
Amendment 69 #
Proposal for a directive
Recital 11
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adaptclarify that lthist in order to take account of developments on the labour mas an open minimum list and to adapt that list to the need to better protect worketrs, in particular regarding the growth of non- standard forms of employment.
Amendment 71 #
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include but not be limited to all elements of the remuneration, as well as the method of calculation, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work, overtime payments, bonuses and other entitlements, such as sick pay. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 74 #
Proposal for a directive
Recital 15
Recital 15
(15) Information on social security systems should include, where relevant, at least sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits and all other risks covered by Regulation (EC) 883/2004. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 75 #
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atfrom the start of employment. The relevant information should therefore reach them at the latest on, where applicable, when the employment contract is signed and before the first day of the employment.
Amendment 80 #
Proposal for a directive
Recital 18
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified before the commencement of the relevant assignment or in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will findand be provided in paper or electronically with the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. __________________ 38 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 (OJ L 18, 21.1.1997, p. 1).
Amendment 81 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify if that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young worker and therefore by no means be exceeded beyond 6 months.
Amendment 83 #
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 87 #
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead, among others, to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be not only fully informed about, but also better protected as regards their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 87 #
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workersshould where possible be negotiated by the responsible Social Partners and may not fall below the standards established by this directive. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 91 #
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to requestconvert to another more predictable and secure form of employment, where available, and receive a written response from the employer,to their request for a conversion from the employer, based on objective grounds which takes into account the needs of the employer and of the worker.
Amendment 93 #
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements or internal rules to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally and without discrimination, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.
Amendment 96 #
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three ofas long as these are in full compliance with this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter,is Directive as long as the overall level of protection of workers isrights established by this Directive are not lowered.
Amendment 97 #
Proposal for a directive
Recital 5
Recital 5
(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequat, regardless of their formal status, in the Union the highest possible degree of transparency and predictability as regards their working conditions.
Amendment 98 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration and terms and conditions of employment and regardless of the contract type of the worker.
Amendment 99 #
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
Amendment 101 #
Proposal for a directive
Recital 29
Recital 29
(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which; this system should be fully applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights. It should be also urgently considered to broaden these enforcement provisions to all matters relating to working conditions.
Amendment 104 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) The burden of proof that there has been no employment relationship should fall on the natural or legal person identifiable as employer based on the primacy of facts.
Amendment 105 #
Proposal for a directive
Recital 33 b (new)
Recital 33 b (new)
(33b) Persons reporting situations of infringements of the rights provided under this Directive, should be fully protected by current and future European rules regarding the protection of whistleblowers.
Amendment 110 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust social partners with the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 112 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. Additionally the ILO’s tripartite constituents adopted Recommendation 198 Employment Relationship (2006) with indicators for an employment relationship, among others subordination and/or economic dependency, primacy of facts and presumption of an employment relationship. The definition of worker in Article 2(1) isneeds to be based on these criteria developed by both ECJ and ILO. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union. These minimum rights apply to every person who is de facto a worker regardless of their formal status or the existence of a written employment contract.
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 121 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In line with ILO Recommendation 198, where “under direction” cannot be directly established, economic dependency should be considered the core additional criterion in assessing whether the person is a worker.
Amendment 122 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) In line with ILO Recommendation 198, the determination of the existence of an employment relationship should be based on the facts related to the actual performance of work and not on the parties’ description of the relationship - “primacy of facts”.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Paragraph 2 is without prejudice to workers who are undergoing training including trainees and apprentices.
Amendment 124 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) In line with ILO Recommendation 198, it should be automatically provided for a legal presumption that an employment relationship exists where one or more relevant indicators are present.
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.
Amendment 126 #
Proposal for a directive
Recital 8
Recital 8
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 7
Article 1 – paragraph 7
7. Chapter II of tThis Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively.
Amendment 131 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another natural or legal person in return for remuneration; direction includes where the person is in a situation of economic dependency.
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'employer' means one or morea natural or legal person(s) who i that engages wor arekers directly or indirectly party to an employment relationship with a worker;.
Amendment 139 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'reference hours and days' means time slots in specified days during which work can take place at the request of the employer.
Amendment 141 #
Proposal for a directive
Recital 9
Recital 9
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof, the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;
Amendment 150 #
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementIf several natural and or legal persons are responsible as employer, they are jointly and severally liable.
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method, as well as the formal requirements for determining such period of notice;, as well as the deadlines for taking action contesting the dismissal
Amendment 154 #
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, indicated separately, such as payments of overtime, bonuses and other entitlements, such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 156 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)
Article 3 – paragraph 2 – point l – point ii a (new)
(iia) the conditions and the level of financial compensation in case of cancellation of work by the employer.
Amendment 158 #
Proposal for a directive
Recital 11
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adaptclarify that lthist in order to take account of developments on the labour mas an open minimum list and to adapt that list to the need to better protect worketrs, in particular regarding the growth of non- standard forms of employment.
Amendment 158 #
Proposal for a directive
Article 3 – paragraph 2 – point m
Article 3 – paragraph 2 – point m
(m) any collective agreements governing the worker's conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and the cut off periods if there are any;
Amendment 160 #
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include but not be limited to all elements of the remuneration, as well as the method of calculation, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work, overtime payments, bonuses and other entitlements, such as sick pay. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 162 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form ofshall be accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 164 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 167 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The document shall be provided at the same moment in time to the worker representative and the responsible social protection authorities.
Amendment 173 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Zero-hour and on-demand type of contracts should be prohibited. They are a danger to the worker and a damage to both society and employers respecting a level-playing field.
Amendment 174 #
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) In order to limit the flexibility of the work schedule, it should by all means respect the daily minimum rest of 11 hours as guaranteed in the Working Time Directive 2003/88/EC.
Amendment 175 #
Proposal for a directive
Recital 14 c (new)
Recital 14 c (new)
(14c) In order to reduce the abuse of extreme flexibility clauses in contracts, workers should by default be entitled to be paid for the announced hours; additionally a premium rate for non- guaranteed hours is to be paid. The hours worked shall become the guaranteed hours of the worker if he/she does not object.
Amendment 180 #
Proposal for a directive
Recital 15
Recital 15
(15) Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits as well as future risks covered by updates to the Social Security Coordination Regulation 883/2004/EC. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 182 #
Proposal for a directive
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) where applicable, the changes to the worker’s social security situation.
Amendment 189 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the employment conditions under Article 3.1 of Directive 96/71/EC including remuneration to which the worker is entitled in accordance with the applicable law of the host Member State;
Amendment 193 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of ashall be given in writing clearly outlining the reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 194 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 195 #
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest onbefore the first day of the employment.
Amendment 195 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension. Any time worked with the same enterprise, group or entity shall count towards that six months period. During a probationary period an employment relationship shall not be declared dormant.
Amendment 198 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 200 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. A probation period shall not hamper the accrual of rights.
Amendment 201 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. These templates mayshould be further developed at sectoral or local level, by national authorities and social partnersby social partners or in their absence by authorities at sectorial, national or local level.
Amendment 201 #
Proposal for a directive
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2b. A probation period can only be agreed in cases of open-ended contracts.
Amendment 204 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 207 #
Proposal for a directive
Recital 18
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified before the commencement of the relevant assignment or in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will findand be provided in paper or electronically with the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. __________________ 38 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 (OJ L 18, 21.1.1997, p. 1).
Amendment 212 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify if that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young worker and therefore by no means be exceeded beyond 6 months.
Amendment 213 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may requestconvert into a form of employment with more predictable and secure working conditions where available. Time worked with the same enterprise, group or entity or natural or legal person shall count towards that six months period.
Amendment 215 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchangedgenuinely consider the conversion. A refusal is only allowed if provided in writing arguing an objective business needs within one month of the request.
Amendment 218 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Should the employer not reply to the demand for conversion within one month, the conversion is presumed to have taken effect from the first day following this period.
Amendment 220 #
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 222 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The worker shall continue to be remunerated, as if he/she would have been working.
Amendment 223 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
The training shall take place, where possible, during normal working hours. In all cases, the time spent on training shall be considered working time.
Amendment 225 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a Equal treatment The Member States shall ensure the principles of equal pay and equal terms and conditions apply to all workers and ensure in this regard the elimination of all discrimination, regardless of the employment status.
Amendment 228 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while fully respecting the overalllevel of protection of workersprovided by this directive, establish arrangements concerning the working conditions of workers which differ from but may not fall below those referred to in Articles 7 to 11.
Amendment 230 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 234 #
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable should benefit from a minimumn improved predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests.
Amendment 234 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Primacy of facts The determination of the existence of an employment relationship shall be guided by the facts relating to the actual performance of work and not on the basis of how the parties describe the relationship.
Amendment 235 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect all workers regardless of their legal or formal status, including workers who are employees'’ or trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from exercising a right provided in this Directive or from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with these rights provided for in this Directive.
Amendment 237 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Persons reporting situations of infringements of the rights provided under this Directive, shall be fully protected by European legislation regarding the protection of persons reporting on breaches of Union law.
Amendment 238 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibit and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. The necessary measures shall also include the right to reinstatement and compensation.
Amendment 239 #
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workersshould where possible be negotiated by the responsible Social Partners and may not fall below the standards established by this directive. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
Amendment 241 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall ensure that the deadline for bringing an action contesting the dismissal is suspended as long as the worker has not received written justification from the employer.
Amendment 246 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Burden of proof of the existence of and employment relationship The burden of proof of absence of an employment relationship shall be on the natural or legal person identifiable as employer.
Amendment 247 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They mayshall also comprise an appropriate and at least proportional payment of compensation.
Amendment 252 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Facilitation of complaints Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.
Amendment 254 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 255 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 8 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized micro-enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.
Amendment 256 #
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to requestconvert to another more predictable and secure form of employment, where available, and receive a written response from the employer, based on objective grounds which takes into account the needs of the employer and of the worker.
Amendment 262 #
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements or internal rules to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally and without discrimination, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.
Amendment 270 #
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three ofas long as these are in full compliance with this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowereddoes not fall below the rights established by this Directive.
Amendment 275 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration and terms and conditions of employment and regardless of the contract type of the worker as defined by this Directive.
Amendment 278 #
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
Amendment 285 #
Proposal for a directive
Recital 29
Recital 29
(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which; this system should be fully applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights. It should be also urgently considered to broaden these enforcement provisions to all matters relating to working conditions.
Amendment 288 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) The right to reinstatement and compensation of dismissed workers should be introduced.
Amendment 294 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) The burden of proof that there has been no employment relationship should fall on the natural or legal person identifiable as employer based on the primacy of facts.
Amendment 306 #
Proposal for a directive
Recital 37
Recital 37
(37) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and developmentprotection of workers of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises and for administrative burden, and to publish the results of such assessments.
Amendment 310 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust social partners with the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 319 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability.
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union. These minimum rights apply to every person who is de facto a worker regardless of the formal status of the person.
Amendment 334 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Paragraph 2 is without prejudice to workers who are undergoing training including trainees and apprentices.
Amendment 352 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.
Amendment 359 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 371 #
Proposal for a directive
Article 1 – paragraph 7
Article 1 – paragraph 7
7. Chapter II of tThis Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively.
Amendment 379 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another natural or legal person in return for remuneration; direction includes where the person is in a situation of economic dependency.
Amendment 394 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘employer’ means one or morea natural or legal person(s) who i that engages wor arekers directly or indirectly party to an employment relationship with a worker;.
Amendment 406 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘reference hours and days’ means time slots in specified days during which work can take place at the request of the employer.
Amendment 408 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) ‘trainee’ means a worker who does a traineeship, this being a limited period of work practice which includes a learning and training component, in line with the Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships.
Amendment 409 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purposes of this Directive the terms ‘microenterprise’, ‘small enterprise’ and ‘medium-sized enterprise’ shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises43 or in any subsequent act replacing that Recommendation. __________________ 43 OJ L 124/36, 20.05.2003.
Amendment 418 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall includeat least include, but not be limited to:
Amendment 429 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;
Amendment 440 #
Proposal for a directive
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) the amount of paid leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave entitlement;
Amendment 443 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method, as well as the formal requirements for determining such period of notice, as well as the deadlines for taking action contesting the dismissal;
Amendment 452 #
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, indicated separately, such as payments of overtime, bonuses and other entitlements, such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 469 #
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the additional, higher remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:
Amendment 478 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum reasonable advance notice the worker shall receive before the start of a work assignment;
Amendment 481 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)
Article 3 – paragraph 2 – point l – point ii a (new)
(iia) the conditions and the level of financial compensation in case of cancellation of work by the employer.
Amendment 485 #
Proposal for a directive
Article 3 – paragraph 2 – point m
Article 3 – paragraph 2 – point m
(m) any collective agreements governing the worker’s conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and the cut off periods if there are any;
Amendment 505 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be givenshall be accompanied by in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 507 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The minimum reasonable advance notice the worker shall receive before the start of a work assignment and the financial compensation of work assignment cancelled by the employer, as set out in paragraph 2, shall, where appropriate be agreed upon by the social partners at the appropriate level.
Amendment 517 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document as early as possible but at the latest onat the first daycommencement of the employment relationship. That document may be provided and transmitted electronicallysent electronically directly to the worker as long as it is easily accessible by the worker and it may also be accessible to the entity controlling working conditions and can be stored and printed.
Amendment 534 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The document shall be provided at the same moment in time to the worker representative and the responsible social protection authorities.
Amendment 539 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall together with the social partners develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. Those models should be provided in all EU languages and published on the EURES website.
Amendment 550 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or applicable collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.
Amendment 578 #
Proposal for a directive
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) where applicable the changes to the worker’s social security situation;
Amendment 586 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the employment conditions under Article 3.1 of Directive 96/71/EC including remuneration to which the worker is entitled in accordance with the applicable law of the host Member State;
Amendment 594 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of ashall be given in writing clearly outlining reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 601 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 608 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension. Any time worked with the same enterprise, group or entity shall count towards that six months period. During a probationary period an employment relationship shall not be declared dormant.
Amendment 618 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longerA probationary periods in cases wh shall not hampere this is justified by the nature of the employment or is in the interest of the workere accrual of rights.
Amendment 629 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. A probation period can only be agreed in cases of open-ended contracts.
Amendment 632 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibitprohibit employers from sanctioning or punishing workers forom taking up employment with other employers, outside the work schedule established with that employer.
Amendment 639 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 651 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States shall ensure that the open-ended contract remains the norm.
Amendment 655 #
Proposal for a directive
Article 9 – paragraph -1 (new)
Article 9 – paragraph -1 (new)
-1 Zero-hour or on-demand type of contracts are prohibited.
Amendment 686 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall ensure that: (a) the predetermined work schedule may not stretch above the legislative maximum weekly working hours and the reference hours/days need to respect the 11 hours consecutive rest period as laid down in Directive2003/88/EC;
Amendment 697 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Where notice is given of work, the worker shall be entitled to be paid for the hours of which they were notified;
Amendment 699 #
Proposal for a directive
Article 9 – paragraph 1 c (new)
Article 9 – paragraph 1 c (new)
1c. if work is cancelled, the worker shall be entitled to be paid in full for the hours of which they were notified;
Amendment 700 #
Proposal for a directive
Article 9 – paragraph 1 d (new)
Article 9 – paragraph 1 d (new)
1d. employers shall pay a premium for non-guaranteed hours;
Amendment 701 #
Proposal for a directive
Article 9 – paragraph 1 e (new)
Article 9 – paragraph 1 e (new)
1e. that after working for three months for an employer, a worker has a right to a contract guaranteeing their normal hours of work which are to be calculated based on the average of working hours of the past 3 months;
Amendment 702 #
Proposal for a directive
Article 9 – paragraph 1 f (new)
Article 9 – paragraph 1 f (new)
1f. time worked with the same enterprise, group or entity shall count towards that three-month period
Amendment 708 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may requestconvert into a form of employment with more predictable and secure working conditions where available. Time worked with the same enterprise, group or entity or natural or legal person shall count towards that six months period.
Amendment 721 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchangedgenuinely consider the conversion. A refusal is only allowed if provided in writing arguing objective business needs within one month of the request.
Amendment 732 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Should the employer not reply to the demand for conversion, the conversion is presumed to have taken effect.
Amendment 737 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements or internal rules to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker. The same shall apply to training which took place before the start of the employment relationship but trained the worker for it.
Amendment 749 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The worker remains entitled to its remuneration, as if he/she would have been working.
Amendment 754 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. The training shall take place during working hours.
Amendment 757 #
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
1c. The employers shall not make unfair deductions from the remuneration.
Amendment 758 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Equal treatment The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status not being of relevance.
Amendment 764 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allowshall have the right to invite social partners to conclude collective agreements, in conformity with the national law or practice, which, while fully respecting the overalllevel of protection of workersprovided by this directive, establish arrangements concerning the working conditions of workers which differ from but may not fall below those referred to in Articles 7 to 11.
Amendment 777 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 784 #
Proposal for a directive
Article 14 – title
Article 14 – title
Legal presumption and early settlement mechanism
Amendment 786 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall applyies:
Amendment 803 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 812 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. This settlement mechanism is without prejudice to any judicial procedure.
Amendment 813 #
Proposal for a directive
Article 14 b (new)
Article 14 b (new)
Article 14b Primacy of facts The determination of the existence of an employment relationship shall be guided by the facts relating to the actual performance of work and not on the basis of how the parties describe the relationship.
Amendment 819 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.
Amendment 823 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect all workers regardless of their legal or formal status, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with theexercising a rights provided for in this Directive.
Amendment 829 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibit and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. The necessary measures shall also include the right to reinstatement and compensation.
Amendment 838 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall ensure that the deadline for bringing an action contesting the dismissal is suspended as long as the worker has not received written justification from the employer.
Amendment 848 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Burden of proof of the existence of an employment relationship The burden of proof of absence of an employment relationship shall be on the natural or legal person identifiable as employer.
Amendment 854 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They mayshall also comprise an appropriate and at least proportional payment of compensation.
Amendment 858 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Financial sanctions shall increase in amount according to the number of infringements or to the delay the employer is taking in providing the document to the worker.
Amendment 876 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Amendment 881 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 887 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Inspections Member States shall ensure that effective and adequate inspections are carried out to control the rights laid down in this Directive.
Amendment 891 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 8 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized micro-enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.