9 Amendments of Dimitrios PAPADIMOULIS related to 2004/0209(COD)
Amendment 20 #
The European Parliament rejects the Council common position.
Amendment 26 #
Recital 7
(7) There is a need to strengthen the protection of workers' health and safety and for greater flexibility in organising working time, particularly with regard to on-call time and, more specifically, inactive periods during on-call time, and also to strike a new balance between also to strengthen employees' rights to the reconcilingation of work and family life on the one hand and more flexible organisation of working time on the other.
Amendment 27 #
Recital 8
(8) Workers should be afforded periods of compensatory rest in circumstances where rest periods are not granted. The rules on determination of the length of the reasonable period within which equivalent compensatory rest is granted to workers should be left to the Member Statesstrictly applied in accordance with the rulings of the European Court of Justice, taking into account the need to ensure the safety and health of the workers concerned and the principle of proportionality, namely that compensatory rest must be granted immediately after a combined period of normal duty and on- call time.
Amendment 34 #
Article 1 – point 2
Directive 2003/88/EC
Article 2a
Article 2a
The inactive part of on-call time shall not be regarded as working time unless national law or, in accordance with national law and/or practice, a collective agreement or an agreement between the social partners provides otherwise. The inactive part of on-call time may be calculated on the basis of an average number of hours or a proportion of on- call time, taking account of experience in the sector concerned, by collective agreement or agreement between the social partners or by national legislation following consultation of the social partners. The inactive part of on-call time shall not be taken into account in calculating the daily or weekly rest periods laid down in Articles 3 and 5 respectively, unless otherwise provided for: (a) in a collective agreement or an agreement between the social partners; or (b) by means of national legislation following consultation of the social partners. The period during which the worker actually carries out his activity or duties during on-call time shall alwaysentire period of on-call time, including the inactive part, shall be regarded as working time.
Amendment 41 #
Article 1 – point 2
Directive 2003/88/EC
Article 2a a (new)
Article 2a a (new)
Article 2a a Calculation of working time In the case of workers having more than one contract of work, and for the purposes of implementation of this Directive, the worker's working time shall be the sum of the periods of time worked under each of the contracts.
Amendment 54 #
Article 1 – point 3 − point b
Directive 2003/88/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
(b) in paragraph 2, the words "provided that the workers concerned are afforded equivalent periods of compensatory rest" shall be replaced by "provided that the workers concerned are afforded equivalent periods of compensatory rest within a reasonable period, to be determined by national legislation or a collective agreement or an agreement concluded between the social partnersimmediately following periods of time spent on duty";
Amendment 55 #
Article 1 – point 3 − point d - point i
Directive 2003/88/EC
Article 17 – paragraph 5 - subparagraph 1
Article 17 – paragraph 5 - subparagraph 1
(d) paragraph 5 shall be amended as follows: (i) the first subparagraph shall be replaced by the following: "5. In accordance with paragraph 2 of this Article, derogations may be made from Article 6 in the case of doctors in training, in accordance with the provisions set out in the second to the sixth subparagraphs of this paragraph."; (ii) the last subparagraph shall be deleted.
Amendment 57 #
Article 1 – point 4
Directive 2003/88/EC
Article 18 − paragraph 3
Article 18 − paragraph 3
In Article 18, in the third paragraph, the words "on condition that equivalent compensating rest periods are granted to the workers concerned" shall be replaced by "on condition that equivalent compensating rest periods are granted to the workers concerned within a reasonable period, to be determined by national legislation or a collective agreement or an agreemimmediately following periods of time spent concluded between the social partners duty".
Amendment 58 #
Article 1 – point 5
Directive 2003/88/EC
Article 19
Article 19
Without prejudice to Article 22a(b) and by way of derogation from Article 16(b), Member States shall have the option, subject to compliance with the general principles relating to the protection of the safety and health of workers, of allowing, for objective or technical reasons, or reasons concerning the organisation of work, the reference period to be set at a period not exceeding twelve months: (a) by collective agreement or agreement between the social partners, as laid down in Article 18; or (b) by legislative or regulatory provision following consultation of the social partners at the appropriate level. In making use of the option pursuant to point (ba) of the first paragraph, Member States shall ensure that employers respect their obligations as laid down in Section II of Directive 89/391/EEC.".