29 Amendments of Markus PIEPER related to 2017/0355(COD)
Amendment 111 #
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 criteriaits case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34. 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 could 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 132 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 190 #
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 daye month after the agreed start of the employment.
Amendment 217 #
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 duration. 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 or employer, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 276 #
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
Amendment 296 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States shouldmay provide for effective, and proportionate and dissuasive penalties for breaches of the obligations under this Directive.
Amendment 321 #
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 Union who has an employment contract or employment relationship as defined in law, in collective agreements or by national practice in the Member State concerned.
Amendment 373 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 388 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 397 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 471 #
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:Does not affect the English version.)
Amendment 494 #
Proposal for a directive
Article 3 – paragraph 2 – point n
Article 3 – paragraph 2 – point n
(n) if appropriate, the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer.
Amendment 522 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first daye month after the agreed start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.
Amendment 566 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The document referred to in paragraph 1 shall not be required in the case of a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements.
Amendment 571 #
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 by the employer before his or her departure and shall include at least the following additional information:
Amendment 575 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) where applicable, the benefits in cash or kind attendant on the work assignment(s), which includes in the case of posted workers covered by Directive 96/71/EC any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging;
Amendment 582 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 595 #
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 appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 604 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.
Amendment 609 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shallmay ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension.
Amendment 615 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – 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 or the employer. In the event that the worker is absent from work during the probationary period, Member States may provide for the probationary period to be extended for the length of the absence.
Amendment 636 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer. The employee must immediately notify the employer of any employment in parallel.
Amendment 661 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shallmay ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:
Amendment 711 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shallmay 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. Member States may limit the frequency of such requests.
Amendment 744 #
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 agreea bilateral commitments 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.
Amendment 779 #
Proposal for a directive
Article 14
Article 14
Amendment 842 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed after expiry of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
Amendment 849 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shallmay lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensationThe penalties provided must be effective and proportionate.
Amendment 882 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existingonly to new employment relationships entered into as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.