Activities of Jytte GUTELAND related to 2018/0106(COD)
Legal basis opinions (0)
Amendments (26)
Amendment 69 #
Proposal for a directive
Citation 1
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,
Amendment 127 #
Proposal for a directive
Recital 27
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.
Amendment 158 #
Proposal for a directive
Recital 38
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).
Amendment 213 #
Proposal for a directive
Recital 80
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.
Amendment 215 #
Proposal for a directive
Recital 80 a (new)
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.
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 – point a
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;
Amendment 323 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 324 #
Proposal for a directive
Article 4 – paragraph 1
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.
Amendment 326 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 331 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 333 #
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
Amendment 334 #
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 335 #
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 338 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 340 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 343 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 344 #
Proposal for a directive
Article 4 – paragraph 6 – point a
Article 4 – paragraph 6 – point a
Amendment 345 #
Proposal for a directive
Article 4 – paragraph 6 – point b
Article 4 – paragraph 6 – point b
Amendment 346 #
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
Amendment 349 #
Proposal for a directive
Article 4 – paragraph 6 – point d
Article 4 – paragraph 6 – point d
d) other entities governed by public law.eleted
Amendment 351 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
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:
Amendment 506 #
Proposal for a directive
Article 19 – title
Article 19 – title
More favourable treatment and non- regression clause
Amendment 507 #
Proposal for a directive
Article 19 – paragraph 1
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).
Amendment 512 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
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.
Amendment 515 #
Proposal for a directive
Article 19 a (new)
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.
Amendment 574 #
Proposal for a directive
Annex I – part I – point J a (new)
Annex I – part I – point J a (new)