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Activities of Jytte GUTELAND related to 2018/0106(COD)

Legal basis opinions (0)

Amendments (26)

Amendment 69 #
Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153(1),(a),(b),(e), 168, 169, 192, 207 and 325(4) thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
2018/09/11
Committee: JURI
Amendment 127 #
Proposal for a directive
Recital 27
(27) Protection should also extend to further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of national law or in accordance with Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work-related activities. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
2018/09/11
Committee: JURI
Amendment 158 #
Proposal for a directive
Recital 38
(38) For legal entities in the private sector, the obligation to establish internal channels is commensurate with their size and the level of risk their activities pose to the public interest. It should apply to all medium-sized and large entities irrespective of the nature of their activities, based on their obligation to collect VAT. As a general rule small and micro undertakings, as defined in Article 2 of the Annex of the Commission Recommendation of 6 May 2003, as amended56 , should be exempted from the obligation to establish internal channels. However, following an appropriate risk assessment, Member States may require small undertakings to establish internal reporting channels in specific cases (e.g. due to the significant risks that may result from their activities)shall ensure that employer, and other legal entities in the private and public sector, to the extent the activities requires it, either makes sure that there are routines for such internal reporting referred to in this Directive on the protection of workers such as reporting on breaches or take other measures that facilitate such reporting. _________________ 56 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
2018/09/11
Committee: JURI
Amendment 213 #
Proposal for a directive
Recital 80
(80) This Directive introduces minimum standards and Member States should have the power to introduce or maintain more favourable provisions to the reporting person, provided that such provisions do not interfere with the measures for the protection of concerned persons.
2018/09/11
Committee: JURI
Amendment 215 #
Proposal for a directive
Recital 80 a (new)
(80a) Some Member States have already implemented coherent and effective protections for reporting persons. When implementing this directive, attention should be paid to those Member State and this Directive should in no circumstances constitute valid grounds for reducing the general level of protection already afforded to reporting persons within those Member States and in the areas to which it applies.
2018/09/11
Committee: JURI
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 – point a
(a) persons having the status of worker, with the meaning of national labour law and national practice or in accordance with Article 45 TFEU;
2018/09/11
Committee: JURI
Amendment 323 #
Proposal for a directive
Article 4 – title
Obligation to establish internal cChannels and procedures for reporting and follow-up of reports
2018/09/26
Committee: JURI
Amendment 324 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that employer, and other legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, follow, to the extent the activities requires it, either makes sure that there are routines for such internal reporting referred to in this Directive on the protection of workers such as reporting consultations with social partners, if appropriate breaches or take other measures that facilitate such reporting.
2018/09/26
Committee: JURI
Amendment 326 #
Proposal for a directive
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work- related activities, referred to in Article 2(1)(b),(c) and (d), but the use of internal channels for reporting shall not be mandatory for these categories of persons.deleted
2018/09/26
Committee: JURI
Amendment 331 #
Proposal for a directive
Article 4 – paragraph 3
3. The legal entities in the private sector referred to in paragraph 1 are the following: a) private legal entities with 50 or more employees; b) private legal entities with an annual business turnover or annual balance sheet total of EUR 10 million or more; c) private legal entities of any size operating in the area of financial services or vulnerable to money laundering or terrorist financing, as regulated under the Union acts referred to in the Annex.deleted
2018/09/26
Committee: JURI
Amendment 333 #
Proposal for a directive
Article 4 – paragraph 3 – point a
a) private legal entities with 50 or more employees;deleted
2018/09/26
Committee: JURI
Amendment 334 #
Proposal for a directive
Article 4 – paragraph 3 – point b
(b) private legal entities with an annual business turnover or annual balance sheet total of EUR 10 million or more;deleted
2018/09/26
Committee: JURI
Amendment 335 #
Proposal for a directive
Article 4 – paragraph 3 – point c
c) private legal entities of any size operating in the area of financial services or vulnerable to money laundering or terrorist financing, as regulated under the Union acts referred to in the Annex.deleted
2018/09/26
Committee: JURI
Amendment 338 #
Proposal for a directive
Article 4 – paragraph 4
4. Following an appropriate risk assessment taking into account the nature of activities of the entities and the ensuing level of risk, Member States may require small private legal entities, as defined in Commission Recommendation of 6 May 200362 , other than those referred to in paragraph 3(c) to establish internal reporting channels and procedures. _________________ 62 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises OJ L 124, 20.5.2003, p. 36.deleted
2018/09/26
Committee: JURI
Amendment 340 #
Proposal for a directive
Article 4 – paragraph 5
5. Any decision taken by a Member State pursuant to paragraph 4 shall be notified to the Commission, together with a justification and the criteria used in the risk assessment. The Commission shall communicate that decision to the other Member States.deleted
2018/09/26
Committee: JURI
Amendment 343 #
Proposal for a directive
Article 4 – paragraph 6
6. The legal entities in the public sector referred to in paragraph 1 shall be the following: a) state administration; b) regional administration and departments; c) municipalities with more than 10 000 inhabitants; d) other entities governed by public law.deleted
2018/09/26
Committee: JURI
Amendment 344 #
Proposal for a directive
Article 4 – paragraph 6 – point a
a) state administration;deleted
2018/09/26
Committee: JURI
Amendment 345 #
Proposal for a directive
Article 4 – paragraph 6 – point b
b) regional administration and departments;deleted
2018/09/26
Committee: JURI
Amendment 346 #
Proposal for a directive
Article 4 – paragraph 6 – point c
c) municipalities with more than 10 000 inhabitants;deleted
2018/09/26
Committee: JURI
Amendment 349 #
Proposal for a directive
Article 4 – paragraph 6 – point d
d) other entities governed by public law.eleted
2018/09/26
Committee: JURI
Amendment 351 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. The procedures for reporting and following-up of reports referred to in Article 4 shallmay include the following:
2018/09/26
Committee: JURI
Amendment 506 #
Proposal for a directive
Article 19 – title
More favourable treatment and non- regression clause
2018/09/26
Committee: JURI
Amendment 507 #
Proposal for a directive
Article 19 – paragraph 1
Member States may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive, without prejudice to Article 16 and Article 17(2).
2018/09/26
Committee: JURI
Amendment 512 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded to the reporting persons in Member States when reporting on breaches outside as well as within the scope of this Directive as defined by Article 1.
2018/09/26
Committee: JURI
Amendment 515 #
Proposal for a directive
Article 19 a (new)
Article 19 a Respect for social partners' autonomy This Directive shall be without prejudice to the autonomy of the social partners and their right to enter into collective agreements in accordance with national law, traditions and practices and while respecting the provisions of the Treaty.
2018/09/26
Committee: JURI
Amendment 574 #
Proposal for a directive
Annex I – part I – point J a (new)
Ja Article 1(a) (xa) - workers' right 1. Rules regarding health and safety at work (i) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1–8) (ii) Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship (OJ L 206, 29.7.1991, p. 19–21) 2. Rules regarding working condition (i) Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (Text with EEA relevance) (OJ L 283, 28.10.2008, p. 36–42) (ii) Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 122, 16.5.2009, p. 28–44) (iii)Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9– 14 ) 3. Rules regarding information and consultation of the workers (i) Council Directive 91/533/EEC 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– 35) (ii) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225, 12.8.1998, p. 16– 21) (iii) Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29–34) (iv) Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (OJ L 216, 20.8.1994, p. 12–20) (v) 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. 9–19)
2018/09/26
Committee: JURI