92 Amendments of João PIMENTA LOPES related to 2017/0355(COD)
Amendment 26 #
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that wWorkers have the right to be informed in writing at the start of an employment about their rights and obligations resulting from the employment relationshiprelationship they enter into with an employer, in accordance with the labour legislation in force and the applicable collective bargaining agreement, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a rightlabour protection, by means of an effective and impartial judicial system specifically covering labour issues that provides a legal framework to readdress, including adequate compensation. Principle 5 provides that r the effects of a breach of the employment contract and labour legislation. Regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions and labour protection, access to social protection and training, that e. Employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostershould be prohibited.
Amendment 28 #
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 relationshipsThe creation of these new forms of work, within a framework formed by the labour guidelines promoted by the EU and the Member States, has given rise to significant growth in precarious working relationships as well as the abusive use of temporary and part-time work, the promotion of low-wage policies, a lack of labour protection and the deregulation of working hours, of which women bear the brunt, and lead 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 fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of newWhatever the forms of employment in which they are engaged, workers in the Union should also be provided with a number of new minimum rights aimed atguaranteed the set of rights that determine the Member States' labour laws and the applicable collective bargaining agreements that apply, 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 30 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Recognises that the collective bargaining instruments negotiated between employers' associations and organisations representing workers are crucial for opposing and overcoming distortions in the labour market created by the advent of new types of labour relations that tend towards precariousness and uncertain labour bonds, which particularly affect women; collective bargaining is, therefore, a key instrument in overcoming inequalities between men and women in the workplace.
Amendment 31 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Stresses the need for the Member States to establish a legal framework enabling the necessary measures to be taken to ensure that equal pay is provided for equal work in any employment relationship, regardless of the type and duration thereof, as a way of guaranteeing equal pay for men and women, helping reduce the persistent inequalities that mean women are, as well as being paid significantly less than men, particularly vulnerable to poverty and social exclusion.
Amendment 36 #
Proposal for a directive
Recital 8
Recital 8
Amendment 38 #
Proposal for a directive
Recital 9
Recital 9
Amendment 45 #
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. 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 that must still be covered by the ongoing information provided on the work contract and that must not take the place of the worker's wages or salary. 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 49 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify 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 duratProbationary periods must not be made into mechanisms for exploiting workers in that they are guaranteed employment for prolonged periods on low wages and then dismissed at the end of the probationary periond. 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 workerThis would be a way of replacing fixed-term contracts with more precarious contracts, with women once again bearing the brunt of this. Probationary periods should not exceed three months and should ideally be shorter. Probationary periods may exceed three months in duly justified cases, such as when the technical complexity of the work or the high degree of responsibility in the worker's post justifies this or where the worker is appointed to a managerial position. Member States should pass legislation defining the cases in which exceptions may exceed the three-month probationary period and the corresponding appropriate periods.
Amendment 53 #
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable should benefit from a minimum 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' requestsmust be guaranteed, with sufficient notice, a fixed schedule of working hours. Exceptional situations and compensatory measures should be defined – by means of collective bargaining agreements, if possible – and should be included in the information to be provided to the worker upon signing the contract.
Amendment 59 #
Proposal for a directive
Recital 32
Recital 32
(32) Workers exercising rights provided for in this Directive should enjoy protection from dismissal or equivalent detriment (such as an on-demand worker no longer being assigned work) or any preparations for a possible dismissal, on the grounds that they sought to exercise such rights. Where workers consider that they have been dismissed or have suffered equivalent detriment on those grounds, workers and competent authorities should be able to require the employer to provide duly substantiated grounds for the dismissal or equivalent measure and to reinstate the worker in the event the alleged grounds are unfounded. The relevant authorities shall ensure that the worker is compensated for the harm caused and shall be empowered to impose penalties on companies guilty of such practices. Particular attention shall be paid to situations that specifically affect women and situations resulting from discrimination on grounds of maternity; the latter shall be viewed as aggravating circumstances.
Amendment 61 #
Proposal for a directive
Recital 33
Recital 33
(33) The burden of proof that there has been no dismissal or equivalent detriment on the grounds that workers have exercised their rights provided for in this Directive, should fall on employers when workers establishcontest, before a court or other competent authority, facts from which it may be presumed that they have beentheir employer's decision to dismissed them, or have been subject to measures with equivalent effect, on such grounds.
Amendment 63 #
Proposal for a directive
Article 1.º – paragraph 1
Article 1.º – paragraph 1
1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring better protection for workers on the labour market adaptability.
Amendment 68 #
Proposal for a directive
Article 1.º – paragraph 3
Article 1.º – paragraph 3
Amendment 72 #
Proposal for a directive
Article 1.º – paragraph 4
Article 1.º – paragraph 4
Amendment 85 #
Proposal for a directive
Article 3.º – paragraph 2 – point f
Article 3.º – paragraph 2 – point f
(f) the duration and conditions of the probationary period, if any, which must include any traineeship periods;
Amendment 89 #
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 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 fully informed about 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 91 #
Proposal for a directive
Article 3.º – paragraph 2 – point j
Article 3.º – paragraph 2 – point j
(j) the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled, as well as other regular and periodic benefits to which workers are entitled of equal value or for equal work;
Amendment 94 #
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union, which is a necessity. Moreover, gaps in protection have emerged for new forms of employment created as a result of labour market developments since 1991.
Amendment 94 #
Proposal for a directive
Article 3.º – paragraph 2 – point k
Article 3.º – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not variable, the length of the worker's standard working day orand week and any arrangements for overtime and its remuneration;
Amendment 96 #
Proposal for a directive
Article 3.º – paragraph 2 – point l – point ii
Article 3.º – paragraph 2 – point l – point ii
(ii) the minimum advance notice, of no less than 15 days, the worker shall receive before the start of a work assignment;
Amendment 101 #
Proposal for a directive
Article 4.º – paragraph 1 a (new)
Article 4.º – paragraph 1 a (new)
1a The worker, the union delegate, the trade union or inter-union commission, the workers' council, the subcommittee of workers and the trade union association and other representative structures of the workers have the right to be informed about relevant aspects of the temporary employment contract.
Amendment 103 #
Proposal for a directive
Article 4.º – paragraph 3 a (new)
Article 4.º – paragraph 3 a (new)
3a The employer must provide the relevant authorities with a copy of the employment contract within five working days of the conclusion of the contract and, for temporary employment contracts, must provide evidence justifying the choice of this type of contract.
Amendment 110 #
Proposal for a directive
Article 7.º – paragraph 1
Article 7.º – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed sixthree months, including any extension.
Amendment 112 #
Proposal for a directive
Article 7.º – paragraph 2
Article 7.º – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.
Amendment 116 #
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. The definition of worker in Article 2(1) is based on these criteria. 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 cshould 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 9.º – paragraph 1 – point b
Article 9.º – paragraph 1 – point b
(b) if the worker is informed by their employer of a work assignment a reasonable period in advance, – at least two weeks – in accordance with Article 3(2)(l)(ii).
Amendment 119 #
Proposal for a directive
Article 10.º – paragraph 1
Article 10.º – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where availabletransition towards a contract of indefinite duration.
Amendment 122 #
Proposal for a directive
Article 12.º – paragraph 1
Article 12.º – paragraph 1
Member States may allow social partners to concludand promote collective bargaining agreements, in conformity with the national law or practice, which, while and establish, respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.
Amendment 123 #
Proposal for a directive
Article 12.º – paragraph 1 a (new)
Article 12.º – paragraph 1 a (new)
Collective bargaining agreements should, inter alia, contribute to ensuring the principle of equal work for equal pay, eliminating precarious working relationships and protecting maternity rights, and serve as as instruments to help reduce inequalities between men and women in industrial relations.
Amendment 124 #
Proposal for a directive
Article 12.º – paragraph 1 b (new)
Article 12.º – paragraph 1 b (new)
Temporary workers carrying out the same functions as workers within a company shall be covered by the same collective bargaining agreement instrument as those workers.
Amendment 127 #
Proposal for a directive
Recital 8
Recital 8
Amendment 127 #
Proposal for a directive
Article 14.º – paragraph 1 – introductory part
Article 14.º – 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 apply:
Amendment 128 #
Proposal for a directive
Article 14.º – paragraph 1 – point a
Article 14.º – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include athe presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or; and
Amendment 129 #
Proposal for a directive
Article 14.º – paragraph 1 – point b
Article 14.º – paragraph 1 – point b
(b) 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.
Amendment 132 #
Proposal for a directive
Article 17.º – paragraph 1
Article 17.º – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive, or under any other labour legislation or collective bargaining agreement.
Amendment 134 #
Proposal for a directive
Article 17.º – paragraph 2
Article 17.º – 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 or any other labour legislation or collective bargaining agreement may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
Amendment 136 #
Proposal for a directive
Article 17.º – paragraph 3
Article 17.º – paragraph 3
3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, factsa complaint from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.
Amendment 143 #
Proposal for a directive
Recital 9
Recital 9
Amendment 149 #
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 or jointly 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 statement.
Amendment 162 #
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. 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 168 #
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible for the employer to indicate a fixed work schedule due to the nature of the employment, workthe employers should knowinform workers how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.
Amendment 181 #
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. 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 192 #
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 on the first day ofbefore starting the employment relationship.
Amendment 202 #
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 in all EU languages, including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.
Amendment 208 #
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 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 find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply iThese obligations apply to any kind of posting, without prejudice of 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 223 #
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. Member States in cooperation with social partners should establish when incompatibility clauses can apply. __________________ 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 236 #
Proposal for a directive
Recital 22
Recital 22
(22) Reference hours and days, understood as time slots where work can take place at the request of the employer, should be established in writing atbefore the start of the employment relationship.
Amendment 241 #
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice of fifteen days, 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 varybe longer according to the needs of sectors, while ensuring adequate protection of workers. 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 245 #
Proposal for a directive
Recital 24
Recital 24
(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish.
Amendment 254 #
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 request another more predictable and secure form of employment, where available, and receive an explanatory written response from the employer, which takes into account the needs of the employer and of the worker and justifies the decision.
Amendment 263 #
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements 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, 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 and preferably during working hours.
Amendment 271 #
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 of this Directive. Member States should therefore be able to allow sSocial partners tocould conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered or it is improved.
Amendment 304 #
Proposal for a directive
Recital 37
Recital 37
Amendment 309 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust and consult social partners withabout 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 313 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions byto promoting more secure ande safe, predictable employment while ensuring labour market adaptabilityand with decent conditions, having in consideration technical and scientific developments.
Amendment 326 #
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 Unpublic and private sector in the European Union without exception.
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 350 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which, after consulting social partners, shall determine which natural or legal 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 mayshall 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. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, shall be jointly and severally liable for obligations under this Directive. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 360 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 385 #
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/or under the direction of another natural or legal person in return for remuneration;
Amendment 414 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.
Amendment 422 #
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 432 #
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;
Amendment 446 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the period 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 for determining such period of notice; the procedure and the deadline for taking legal action contesting the dismissal;
Amendment 456 #
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, the frequency and method of payment of the remuneration to which the worker is entitled, in addition, payments of overtime, bonuses and other entitlements and the method of calculation;
Amendment 475 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work assignment, that shall be at least fifteen days;
Amendment 501 #
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 explained and, where appropriate, accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 512 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The employment relationship shall be established in a written contract of employment. The information referred to in Article 3(2) shall be provihanded individually to the worker in the form of a document at the latest on the first day of the employment relationship. Twritten document, in the language of the worker, attached at the latest before the signature of the written contract. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
Amendment 529 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. If it is not possible under national law to provide a written contract of employment, the information referred to in Article 3(2) shall be handed individually to the worker in the form of a written document, in the language of the worker, signed by the employer prior to the employment relationship. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
Amendment 537 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States, in cooperation with social partners, shall develop templates and models for the document referred to in paragraph 1 and 1 a. and put them at the disposal of workers and employers including by making them available on a single official national website, social partners websites and by other suitable means. Those templates and models shall be provided in all EU languages.
Amendment 562 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the dayfifteen days before it takes effect.
Amendment 572 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided fifteen days before his or her departure and shall include at least the following additional information:
Amendment 592 #
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 appropshall be handed to the worker in a wriatte, be givn document in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particularlanguage of the worker and, when requested by the worker, can additionally be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and porintsed.
Amendment 599 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 612 #
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 sixthree months, including any extension.
Amendment 621 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide forcan establish longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker. Such periods cannot exceed six months.
Amendment 624 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. During a probationary period, workers shall enjoy the same conditions and rights established in the scope of this Directive for those employees out of a probationary period.
Amendment 644 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests. Member States shall establish legal framework for incompatibilities.
Amendment 671 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the worker is informed by their employer of a work assignment a reasonable period in advance of fifteen days, in accordance with Article 3(2)(l)(ii).
Amendment 687 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where notice is given of a work assignment, the worker is entitled to be paid for the hours of which they were notified. If work assignment is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.
Amendment 695 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
When the period of notice is not respected by the employer, the worker is entitled to refuse the requirement. The employer can not penalise the worker when this refusal is made.
Amendment 712 #
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 request a form of employment with more predictable and secure working conditions where available.
Amendment 720 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a justified 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 unchangedout undue delay, not exceeding a month from the request.
Amendment 742 #
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 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 and, when possible, within working hours.
Amendment 760 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 770 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Equal payment 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 abolition of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status is not being of relevance.
Amendment 785 #
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), 4 (2), Article 5, or Article 6 or any piece of information referred in Article 3 to 11, and the employer has failed to rectify that omission within 15 days of its notification, one ofthe signature of the contract, the following systems shall apply:
Amendment 799 #
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or
Amendment 806 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) 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 824 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect workers, 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 the rights provided for in this Directive.
Amendment 866 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States and in relation to areas to which it applies.