22 Amendments of Marc ANGEL related to 2019/2181(INL)
Amendment 3 #
Motion for a resolution
Citation 10
Citation 10
— having regard to the conventions and recommendations of the International Labour Organization (ILO), in particular the 1919 Hours of Work (Industry) Convention (No. 1), the 1930 Hours of Work (Commerce and Offices) Convention (No. 30), the1981 Collective Bargaining Recommendation (No. 163), the 1981 Convention on Workers with Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165), as well as the 2019 ILO Centenary Declaration on the Future of Work,
Amendment 5 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Council of European (Revised) European Social Charter, as referred to in Article 151 TFEU, and in particular its Articles 2 ESC (just working conditions including working time/rest periods), article 3 (healthy and safety conditions at work), article 6 (Collective Bargaining) and article 27 (protection of workers with family responsibilities),
Amendment 8 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the Eurofound Working Paper entitled ‘The right to disconnect in the 27 EU Member aStates’1a, ___________________________ 1aEurofound (2020), The right to disconnect in the 27 EU Member States
Amendment 9 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
— having regard to European social partner framework agreements on telework (2002) and digitalisation (2020),
Amendment 19 #
Motion for a resolution
Recital B
Recital B
B. whereas digitalisation has brought many advantages to employers and workers, but also disadvantages, because it can intensify work, extend working hours and increase the unpredictability ofincluding increased flexibility, the potential to improve work-life balance, increased autonomy and reduced commuting times among others, but also has disadvantages; whereas the greater use of digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on culture’ which can intensify work and extend working hours, thus blurring the boundaries between work and private life;
Amendment 68 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that interruptions of workers’ non-working time and extended working hours increase the risk of unremunerated overtime, have a negative impact on their work-life balance, prevent them from properly recovering from work, and increase the risk of psychosocial and physical problems, such as anxiety, depression and burnout;
Amendment 72 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges Eurofound findings thatwhich show that people who regularly work from home are more prone to working longer and morethan twice as likely to work in excess of the 48 hours per week provided by Union law and rest for less than 11 hours between working days compared to those working on the employers’ premises; highlights that almost 30% of such teleworkers report working in their free time every day or several times a week, compared to below 5% of ‘office’ based workers and that teleworkers are also more likely to work irregular hours; stresses that the number of home-based workers in the Union reporting long working hours or who are unable to benefit from non-working time is increasing;
Amendment 79 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates that the combination of long working hours and higher demands on people working from homealbeit instrumental in helping to safeguard employment during the COVID-19 crisis, is likely to pose higher than expected risks for workers, with a negative impact on the quality of their working time and their work-life balancencreased home working can pose risks and hazards for workers because of the combination of long working hours and higher demands on people working from home, with a negative impact on the quality of their working time and their work-life balance; stresses moreover that with an expansion of teleworking predicted in the longer term, the importance of addressing these issues increases;
Amendment 90 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that workers’ right to health and safety at work is key to the right to disconnect indisconnect is key to protecting workers’their physical and mental health and well-being and to protecting them from psychosocilogical risks, thus ensuring their right to health and safety at work; reiterates the importance of implementing psychosocial risk assessments at company level;
Amendment 98 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls that a number of Member States and the social partners have taken steps to regulate in law and/or collective agreements the use of digital tools for work purposes in order to provide safeguards and protection to workers;
Amendment 139 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the implementation of this Directive should fully respect the minimum requirements laid down in Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, such as those related to maximum working hours and minimum rest periods, flexible working arrangements, and information obligations, and should not have any negative effect on workers ;
Amendment 169 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of the social partners to ensure the effective implementation and enforcement of the right to disconnect; believes that Member States must ensure that workers are able to exercise effectively their right to disconnect, including by means of collective agreements; calls on the Member States to establish precise and sufficient mechanisms to ensure a minimum standard of protection in conformity with Union legislation and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level;
Amendment 207 #
Motion for a resolution
Annex I – Recital 10
Annex I – Recital 10
10. The right to disconnect should apply to all workers and all sectors, both public and private. The purpose of the right to disconnect is to ensure the protection of workers’ health and safety, and of fair working conditions, including work-life balance health and safety and of fair working conditions, including work-life balance.
Amendment 210 #
Motion for a resolution
Annex I – Recital 11
Annex I – Recital 11
11. There is currently no Union law specifically regulating the right to disconnect. However, Council Directives 89/391/EEC4 and 91/383/EEC5 have the purpose of encouraging improvements in the safety and health of workers with an unlimited, fixed-term or temporary employment relationship; Directive 2003/88/EC of the European Parliament and of the Council6 lays down minimum safety and health requirements for the organisation of working time, including in relation to maximum allowed working hours and minimum rest periods to be respected; Directive (EU) 2019/1152 of the European Parliament and of the Council7 has the purpose of improving working conditions by promoting more transparent and predictable employment; and Directive (EU) 2019/1158 of the European Parliament and of the Council8 lays down minimum requirements to facilitate the reconciliation of work and private life for workers who are parents or carers. __________________ 4Council 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, 29.6.89, p. 1). 5Council 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, 29.7.91, p. 19). 6Directive 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). 7Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 8Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79).
Amendment 220 #
Motion for a resolution
Annex I – Recital 18
Annex I – Recital 18
18. The purpose of this Directive is to improve working conditions for all workers by laying down minimum requirements for the right to disconnect while ensuring labour market adaptability. This Directive should be implemented in a manner consistent withfully respect the minimum requirements set out in Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158.
Amendment 231 #
Motion for a resolution
Annex I – Recital 22
Annex I – Recital 22
22. Employers should not be entitled to derogate from their requirement to implement the right to disconnect other than by means of collective agreement or by agreement between the social partners at the level of the employer undertaking. Such agreements should also provide for the criteria for determining compensation for any work carried out outside working time. Such compensation should be able to take the form of leave or financial compensation. In the case of a financial compensation, it should be at least equivalent to the workers’ usual remuneration. Where overtime compensation is agreed, such provisions should ensure that the overall goal of ensuring workers’ health and safety is respected, particularly in relation to the provisions included in the working time legislation.
Amendment 271 #
Motion for a resolution
Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a
Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a
(a) the practical arrangements for switching off digital tools for work purposes outside the agreed working hours, including any work-related monitoring or surveillance tools;
Amendment 291 #
Motion for a resolution
Annex I – Article 4 – paragraph 1 – subparagraph 3
Annex I – Article 4 – paragraph 1 – subparagraph 3
Member States shall prohibit employers from derogating from their requirement to implement the right to disconnect under point (d) of the first subparagraph other than by means of collective agreement between the social partners as referred to in paragraphs 2 and 3.
Amendment 296 #
Motion for a resolution
Annex I – Article 4 – paragraph 1 – subparagraph 4
Annex I – Article 4 – paragraph 1 – subparagraph 4
Compensation for work performed outside working time as referred to in point (e) of the first subparagraph may take the form of leave or financial compensation. In the case of financial compensation, it shall be at least equivalent to the workers’ usual remuneration. Where overtime remuneration is agreed, such provisions must ensure that working time legislation is respected.
Amendment 301 #
Motion for a resolution
Annex I – Article 4 – paragraph 2
Annex I – Article 4 – paragraph 2
2. Member States may entrust the social partners at national or regional level to conclude collective agreements providing for the working conditions referred to in paragraph 1.
Amendment 307 #
Motion for a resolution
Annex I – Article 4 – paragraph 3
Annex I – Article 4 – paragraph 3
3. Where Member States do not make use of the option provided for in paragraph 2, they shall ensure that the working conditions referred to in paragraph 1 are agreed between the social partners at the level of the employer undertakinga lower level.
Amendment 308 #
Motion for a resolution
Annex I – Article 4 – paragraph 3 a (new)
Annex I – Article 4 – paragraph 3 a (new)
3a. After consulting the social partners at national level, Member States may establish precise arrangements on the conditions referred to in paragraph 1, to ensure an adequate level of protection in conformity with Union legislation and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level.