Activities of Jana ŽITŇANSKÁ related to 2017/0085(COD)
Plenary speeches (1)
Work-life balance for parents and carers (debate) (debate) SK
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU PDF (1 MB) DOC (197 KB)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU
Amendments (28)
Amendment 72 #
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the availability of quality, accessible, and affordable community-based services and care infrastructure has proven to be a crucial factor to work-life balance policies.
Amendment 81 #
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the availability of quality, accessible, and affordable community-based services and care infrastructure has proven to be a crucial factor to work-life balance policies.
Amendment 104 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. This Directive should also apply in legal relationships which, in accordance with the national law or judicial practice of the Member States, fulfil the characteristics of dependent employment and are therefore deemed to be employment relationships (in particular, in cases of self- employment).
Amendment 112 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. This Directive should also apply in legal relationships which, in accordance with the national law or judicial practice of the Member States, fulfil the characteristics of dependent employment and are therefore deemed to be employment relationships (in particular, in cases of self-employment).
Amendment 130 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into account the specific conditions in micro, small- and medium- size businesses. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certainobjective circumstances. In such cases, the employer should provide written justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations, in particular with regard to children with disabilities, mental health problems, serious medical condition or illness.
Amendment 141 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into account the specific conditions in micro, small- and medium- size businesses. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certainobjective circumstances. In such cases, the employer should provide written justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations, in particular with regard to children with disabilities, serious medical condition, or illness.
Amendment 162 #
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be defined by the Member State and should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements and should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 175 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer and should take into account the constrains to the working arrangements and planning for the micro, small and medium enterprises, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a givenmutually agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 194 #
Proposal for a directive
Recital 25
Recital 25
(25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request flexible working arrangements referred to in Article 9 should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds.
Amendment 195 #
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be defined by the Member State and should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 208 #
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to regularly 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- and small enterprises and for administrative burden, in particular the changes in work organisation.
Amendment 209 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer and should take into account the constrains to the working arrangements and planning for the micro, small and medium enterprises, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a givenmutually agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 230 #
Proposal for a directive
Recital 25
Recital 25
(25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request flexible working arrangements referred to in Article 9 should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds.
Amendment 252 #
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to regularly 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- and small enterprises and for administrative burden, in particular the changes in work organisation.
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) “carer” means a worker providing personal care or support in case of a serious illness or dependency of a relativeto a relative with support needs due to a serious medical reason, chronic illness, disability or mental health problem;
Amendment 280 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “dependencysupport needs” means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illnessreason, chronic illness, disability or mental health problem;
Amendment 314 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. Member States may increase the threshold of 12 years for children with disabilities.
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a relativeto a relative with support needs due to a serious medical reason, chronic illness or disability;
Amendment 352 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "dependencysupport needs" means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illnessreason, chronic illness or disability;
Amendment 383 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements.
Amendment 404 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. Member States may increase the threshold of 12 years for children with disabilities.
Amendment 437 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9.
Amendment 442 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1having applied for, or having taken, leave referred to in Article 4, 5 or 6.
Amendment 458 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by five years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report and assess the implementation of this Directive’s objectives, including its impact on the development of micro, small and medium-sized enterprises, to the European Parliament and the Council on the application of this Directive.
Amendment 520 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements.
Amendment 606 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9.
Amendment 622 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1having applied for, or having taken, leave referred to in Article 4, 5 or 6.
Amendment 658 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by five years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive and an evaluation of to what extent the objectives of this Directive, including the impact on the development of micro, small and medium-sized enterprises, have been achieved.