14 Amendments of Ádám KÓSA related to 2017/0085(COD)
Amendment 28 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Nothing in this Directive can be construed as affecting the exclusive competence of the Member States in defining the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU.
Amendment 40 #
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality of access to work by promoting the participation of women in the labour market and the participation of men in childcare, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should take into accountckle negative demographic changes including the effects of an ageing population.
Amendment 43 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Work-life balance policies should also reflect the fact that a sufficient number of caring facilities for both children and dependent relatives are a key prerequisite of increased participation of women in the labour market. Further complementary action is required to assure a holistic work-life balance environment. To this end the Union should support Member States in striving to achieve the objectives set at the European Council in Barcelona for childcare facilities in March 2002, in introducing other voluntary instruments, including incentives for employers to provide care facilities for workers, and in removing economic disincentives for second earners which prevent women from accessing the labour market or working full-time. The Union should use the European semester to support such action of Member States with due regard to Member States’ commitments to strengthen public finances.
Amendment 67 #
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between women and men across work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. The Directive fully respects the freedom and preferences of individuals and families to organise their lives and does not impose on them any obligation to use the benefit of its provisions.
Amendment 138 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelveeight years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers,Workers should also have the possibility to return to work earlier than the intended and reported period of parental leave, especially if the reason of the premature return does not depend on the will of the worker and if earlier return is not excessively burdensome for the employer. Given that flexibility makes it more likely that both parents will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations, especially parents having a disability and parents with children with a disability or long-term illness requiring more care.
Amendment 160 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to voluntarily maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice. Workers who do not wish to maintain contact should not be discriminated against in any way. It should be made clear that employees who do not wish to maintain contact should not be obliged to do so.
Amendment 215 #
Proposal for a directive
Recital 22
Recital 22
(22) Leave arrangements are intended to support working parents and carers during a specific period of time, and are aimed at maintaining and promoting their continued attachment to the labour market. It is therefore appropriate to make express provision for the protection of the employment rights of workers taking leave covered by this Directive and in particular their right to return to the same or an equivalent post, and not to suffer any detriment in their terms and conditions as a result of their absence. Workers should retain their entitlement to relevant rights already acquired, or in the process of being acquired, until the end of such leave. Equally important is the goal of leave arrangements to ensure that working parents maintain quality of family life, by taking care of their children, carrying out their responsibilities, including their primary educational role, especially during early childhood, in the best possible way and by spending quality time with their children. An ineffective reconciliation of family and professional life can also have a negative impact on the physical and mental health of children and parents.
Amendment 258 #
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden. Member states may choose to reduce the administrative burden for SMEs and micro-enterprises, without significantly diminishing the rights of workers of SMEs and micro- enterprises established by this Directive, and essentially maintaining an equality of treatment of workers of such enterprises and of workers of other enterprises.
Amendment 336 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means a worker's son, daughter, mother, father, grandmother, grandfather, spouse or partner in civil partnership, where such partnerships are envisaged by national law, and relative of the worker’s spouse;
Amendment 377 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child. Member States shall impose a proportional time frame following the birth of a child within which the paternity leave must be exhausted. Such time frame shall not be less than 6 weeks following the birth of a child.
Amendment 407 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelveeight.
Amendment 560 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 637 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall however ensure that at least four months of parental leave remain non-transferable in accordance with Article 5(2), provided that such provisions are not excessively burdensome for employers, especially small and middle sized enterprises.
Amendment 651 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations, employers and trade unions.