2017/0085(COD) Work-life balance for parents and carers
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
CASA David ( PPE)
|
ARENA Maria ( S&D),
ŽITŇANSKÁ Jana ( ECR),
WEBER Renate ( ALDE),
MITROFANOVS Miroslavs ( Verts/ALE),
AGEA Laura ( EFDD),
MÉLIN Joëlle ( ENF)
|
| Committee Opinion | JURI |
BERGERON Joëlle ( EFDD)
|
Enrico GASBARRA ( S&D)
|
| Committee Opinion | FEMM |
KOZŁOWSKA Agnieszka ( PPE)
|
Daniela AIUTO ( EFDD),
Beatriz BECERRA BASTERRECHEA ( ALDE),
Kostadinka KUNEVA ( GUE/NGL),
Mylène TROSZCZYNSKI ( ENF),
Jana ŽITŇANSKÁ ( ECR)
|
Lead committee dossier:
Legal Basis:
TFEU 153-p1, TFEU 153-p2-a2
Legal Basis:
TFEU 153-p1, TFEU 153-p2-a2Subjects
Events
2019/07/12
Final act published in Official Journal
Details
PURPOSE: to ensure the effective implementation of gender equality with regard to labour market opportunities and treatment at work across the Union.
LEGISLATIVE ACT: Directive (EU) 2019/1158 of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.
CONTENT: this Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work, by facilitating the reconciliation of work and family life for workers who are parents, or carers.
The Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, taking into account the case-law of the Court of Justice
Member States have the option of introducing or maintaining provisions that are more favourable to workers.
The Directive lays down the individual rights in the following areas:
Paternity leave
Under this Directive, fathers or, where and insofar as recognised by national law, equivalent second parents, shall have the right to paternity leave of 10 working days that is to be taken on the occasion of the birth of the worker's child. Member States may determine whether to allow paternity leave to be taken partly before or only after the birth of the child and whether to allow such leave to be taken in flexible ways.
The right to paternity leave shall not be made subject to a period of work qualification or to a length of service qualification. The right to paternity leave shall be granted irrespective of the worker's marital or family status, as defined by national law.
Member States may make the right to a payment or an allowance subject to periods of previous employment, which shall not exceed six months immediately prior to the expected date of the birth of the child.
Parental leave
Each worker shall have an individual right to parental leave of four months that is to be taken before the child reaches a specified age, up to the age of eight, to be specified by each Member State or by collective agreement. That age shall be determined with a view to ensuring that each parent is able to exercise their right to parental leave effectively and on an equal basis.
Where Member States ensure a payment or an allowance of at least 65 % of the worker's net wage, which may be subject to a ceiling, for at least six months of parental leave for each parent, they may decide to maintain such system rather than provide for the payment or allowance.
Member States shall:
- ensure that two months of parental leave cannot be transferred;
- establish a reasonable period of notice that is to be given by workers to employers where they exercise their right to parental leave;
- take the necessary measures to ensure that when considering requests for full-time parental leave, employers shall, prior to any postponement in accordance with paragraph 5, offer, to the extent possible, flexible ways of taking parental leave.
Carers' leave
This new concept means leave from work for workers in order to provide personal care or support to a relative, or to a person who lives in the same household as the worker, and who is in need of significant care or support for a serious medical reason, as defined by each Member State.
Each worker has the right to carers' leave of five working days per year. Member States may determine additional details regarding the scope and conditions of carers' leave in accordance with national law or practice. The use of that right may be subject to appropriate substantiation, in accordance with national law or practice.
Member States may allocate carers' leave on the basis of a reference period other than a year, per person in need of care or support, or per case.
Flexible working arrangements
Workers with children up to a specified age, which shall be at least eight years, and carers, shall have the right to request flexible working arrangements for caring purposes. Employers shall consider and respond to requests for flexible working arrangements within a reasonable period of time, taking into account the needs of both the employer and the worker. Employers shall provide reasons for any refusal of such a request or for any postponement of such arrangements.
Member States may make the right to request flexible working arrangements subject to a period of work qualification or to a length of service qualification, which shall not exceed six months.
Protection against adverse treatment or consequences
Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings for the purpose of enforcing compliance with the requirements laid down in this Directive.
Where workers who consider that they have been dismissed on the grounds that they have applied for, or have taken leave, shall establish, before a court or other competent authority, facts capable of giving rise to a presumption that they have been dismissed on such grounds, it shall be for the employer to prove that the dismissal was based on other grounds.
ENTRY INTO FORCE: from 1.8.2019.
TRANSPOSITION: 2.8.2022 at the latest.
2019/06/23
FR_ASSEMBLY - Contribution
Documents
2019/06/20
CSL - Draft final act
Documents
2019/06/20
CSL - Final act signed
2019/06/20
EP - End of procedure in Parliament
2019/06/13
EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/06/13
CSL - Council Meeting
2019/06/12
EC - Commission response to text adopted in plenary
Documents
2019/04/04
EP - Results of vote in Parliament
Documents
2019/04/04
EP - Debate in Parliament
Documents
2019/04/04
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 490 votes to 82, with 48 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Subject matter and scope
The proposed Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work, by facilitating the reconciliation of work and family life for workers who are parents, or carers. To that end, this Directive provides for individual rights related to the following: (i) paternity leave, parental leave and carers’ leave; (ii) flexible working arrangements for workers who are parents, or carers.
The Directive shall apply to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, taking into account the case-law of the Court of Justice.
Paternity leave
Under the amended text, Member States shall take the necessary measures to ensure that fathers or, where and in so far as recognised by national law, equivalent second parents, have the right to paternity leave of 10 working days that is to be taken on the occasion of the birth of the worker’s child. Member States may determine whether to allow paternity leave to be taken partly before or only after the birth of the child and whether to allow such leave to be taken in flexible ways.
The right to paternity leave shall not be made subject to a period of work qualification or to a length of service qualification.
Parental leave
Member States shall take the necessary measures to ensure that each worker has an individual right to parental leave of four months that is to be taken before the child reaches a specified age, up to the age of eight, to be specified by each Member State or by collective agreement. That age shall be determined with a view to ensuring that each parent is able to exercise their right to parental leave effectively and on an equal basis.
Member States shall:
- ensure that two months of parental leave cannot be transferred;
- establish a reasonable period of notice to be given by workers to employers where they exercise their right to parental leave;
- provide that the request for parental leave must specify the desired start and end dates of the leave period;
- take the necessary measures to ensure that workers have the right to request parental leave using a flexible solution;
- take the necessary measures to ensure that, when considering requests for full-time parental leave, employers offer, as far as possible, flexible ways of taking parental leave.
Carers’ leave
This has been defined as leave from work for workers in order to provide personal care or support to a relative, or to a person who lives in the same household as the worker, and who is in need of significant care or support for a serious medical reason, as defined by each Member State.
Member States shall take the necessary measures to ensure that each worker has the right to carers’ leave of five working days per year. Member States may determine additional details regarding the scope and conditions of carers’ leave in accordance with national law or practice. Member States may allocate carers ’ leave on the basis of a reference period other than a year, per person in need of care or support, or per case.
Payment or allowance
With regard to paternity leave, such payment or allowance shall guarantee an income at least equivalent to that which the worker concerned would receive in the event of a break in the worker’s activities on grounds connected with the worker’s state of health, subject to any ceiling laid down in national law. Member States may make the right to a payment or an allowance subject to periods of previous employment, which shall not exceed six months immediately prior to the expected date of the birth of the child.
With regard to parental leave, such payment or allowance shall be defined by the Member State or the social partners and shall be set in such a way as to facilitate the take-up of parental leave by both parents.
Where Member States ensure a payment or an allowance of at least 65 % of the worker’s net wage, which may be subject to a ceiling, for at least six months of parental leave for each parent, they may decide to maintain such system rather than provide for the payment or allowance.
Flexible work arrangements
Member States shall take the necessary measures to ensure that workers with children up to a specified age, which shall be at least eight years, and carers, have the right to request flexible working arrangements for caring purposes. Employers shall provide reasons for any refusal of such a request or for any postponement of such arrangements.
Member States may make the right to request flexible working arrangements subject to a period of work qualification or to a length of service qualification, which shall not exceed six months.
Workers who exercise their right to take leave or to request flexible working arrangements as provided for in this Directive shall enjoy protection from dismissal and any preparatory steps for a possible dismissal on the grounds that they have applied for, or have taken, such leave or that they have exercised their right to request such flexible working arrangements. Workers who consider that they have been dismissed on the basis that they have exercised such rights shall be able to ask the employer to provide duly substantiated grounds for the dismissal. Where a worker has applied for, or has taken, paternity leave, parental leave or carers’ leave as referred to in this Directive, the employer shall provide the grounds for dismissal in writing.
Documents
2019/02/25
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2019/02/06
CSL - Coreper letter confirming interinstitutional agreement
Documents
2019/02/06
EP - Text agreed during interinstitutional negotiations
Documents
2018/09/12
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/09/10
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/08/24
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2018/08/24
EP - Committee report tabled for plenary, 1st reading
Documents
2018/07/11
EP - Vote in committee, 1st reading
2018/07/11
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/06/21
CSL - Council Meeting
2018/05/30
EP - Committee opinion
Documents
2018/05/23
EP - Committee opinion
Documents
2018/04/25
EP - Amendments tabled in committee
Documents
2018/04/25
EP - Amendments tabled in committee
Documents
2018/04/20
EP - Amendments tabled in committee
Documents
2018/03/06
EP - Committee draft report
Documents
2017/12/08
CSL - Debate in Council
Documents
2017/12/08
CSL - Council Meeting
2017/12/06
ESC - Economic and Social Committee: opinion, report
Documents
2017/11/30
CofR - Committee of the Regions: opinion
Documents
2017/10/20
EP - KOZŁOWSKA Agnieszka (PPE) appointed as rapporteur in FEMM
2017/10/03
EP - CASA David (PPE) appointed as rapporteur in EMPL
2017/09/18
IT_CHAMBER - Contribution
Documents
2017/09/14
EP - Referral to associated committees announced in Parliament
2017/08/23
CZ_SENATE - Contribution
Documents
2017/07/02
DK_PARLIAMENT - Contribution
Documents
2017/06/29
RO_CHAMBER - Contribution
Documents
2017/06/28
IT_SENATE - Contribution
Documents
2017/06/27
PT_PARLIAMENT - Contribution
Documents
2017/06/26
ES_PARLIAMENT - Contribution
Documents
2017/05/15
EP - Committee referral announced in Parliament, 1st reading
2017/05/03
EP - BERGERON Joëlle (EFDD) appointed as rapporteur in JURI
2017/04/27
EC - Document attached to the procedure
Documents
2017/04/27
EC - Document attached to the procedure
Documents
2017/04/26
EC - Legislative proposal published
Details
PURPOSE: establish a renewed framework to strengthen equality between men and women with regard to labour market opportunities and treatment at work across the Union and to repeal Directive 2010/18/EC .
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
Following the withdrawal of the Commission's 2008 proposal to revise Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (the Maternity Leave Directive), the Commission announced its intention to prepare a new initiative that would undertake a broader approach.
This proposal for a Directive is part of a package of measures to deliver on the Commission's commitment. It aims at addressing women's under-representation in employment and support their career progression through improved conditions to reconcile their working and private duties.
In 2015, the employment rate of women (age 20-64) reached 64.3%, compared to 75.9% of men. The gender employment gap in the labour market is most acute for parents and people with other caring responsibilities.
This contributes substantially to the gender pay gap, which over the working life accumulates into gender pension gap (on average 40% in the EU).
One of the main causes for this problem is an inadequate work-life balance policy .
The current legal framework at the Union and Member States' level provides limited provisions for men to assume an equal share of caring responsibilities with women. Reducing the gap is crucial to achieving greater gender equality.
IMPACT ASSESSMENT: a preferred combination of options was identified which includes the following:
maternity leave : non-legislative measures to enhance the enforcement of current legislation on dismissal protection; paternity leave : introduction of an individual entitlement of 10 working days, paid at least at sick-pay level; parental leave : revision of currently existing entitlement in order to provide for (i) the right for flexible uptake (i.e., part-time, piecemeal), (ii) 4 months leave non-transferable between parents, and (iii) payment of 4 months at, at least, sick-pay level; carers' leave: introduction of an individual entitlement of 5 days per year, paid at, at least, sick pay level; flexible working arrangements : right for parents of children up to 12 and carers to request flexibility in working hours, schedule or place of work for a set period of time, with no obligation for the employer to grant the requested change.
CONTENT: the general objective of this proposed Directive is to ensure the implementation of the principle of equality between men and women with regard to labour market opportunities and treatment at work.
Through adapting and modernising the EU legal framework, the Directive will allow parents and people with caring responsibilities to reconcile better their work and caring duties. The Directive builds on the existing rights and strengthens them in places or introduces new rights. It does maintain the level of protection already offered by the EU acquis.
The specific objectives of the Directive are defined as follows:
to improve access to work-life balance arrangements – such as leaves and flexible working arrangements; to increase take-up of family-related leaves and flexible working arrangements by men.
Minimum requirements : the proposal lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work through facilitating the reconciliation of work and family life for working parents and carers.
To that end, it provides for individual rights related to: (i) paternity leave, parental leave and carers' leave; (ii) flexible working arrangements for working parents and carers.
Scope : the proposal applies to all workers, men and women, who have an employment contract or employment relationship.
- Paternity leave : the text introduces the right for fathers to take paternity leave in the form of a short period of leave, not less than 10 working days , on the occasion of the birth of their child. This leave is intended to be taken around the time of the birth and it has to be clearly linked to this event.
In order to avoid any discrimination between married and unmarried couples and between heterosexual and homosexual couples, the right to paternity leave should be without prejudice to marital or family status as defined in national law.
- Parental leave : it is stated that a the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers. It is considered that the current Parental leave Directive has been insufficient in enabling both parents to make equal use of their entitlements.
This provision aims at tackling the shortcomings identified by (i) establishing a minimum period of parental leave of at least four months of parental leave which cannot be transferred between parents , (ii) introducing more flexibility as regards the forms in which the parental leave can be taken (full-time or part-time basis, or in other flexible forms), given that flexibility makes it more likely that parents, in particular fathers, will take up their entitlement to such leave.
Another provision in this Directive address the issue of remuneration during leave as this has a major impact on the take up of leave by fathers. The provision leaves it for Member States to decide on (i) the length of the notice period to be given by the worker, (ii) on whether or not the right to parental leave may be subject to a period of work qualification and/or a length of service qualification, and (iii) defining the circumstances in which the employer may be allowed to postpone the granting of parental leave by a reasonable period.
Lastly, this provision aims at ensuring that Member States should assess the need for adjusting the conditions of access and detailed arrangements of parental leave to the specific needs of parents in particularly disadvantaged situations related to disability or long-term illness and adoptive parents.
- Carers' leave : this provision introduces the new annual right for workers to take a period of leave from work in the event of serious illness or dependency of a relative. In order to protect the employer from abuse of this right, proof of the illness or the dependency situation may be required prior to granting of the leave.
Time off from work on grounds of force majeure : it is also provided to maintain the existing workers' right to take time off work in case of force majeure. This right, already foreseen by the Parental Leave Directive, can be used by all workers (not only parents or care-givers within the meaning of this Directive) for urgent family reasons.
Adequate income : the proposal establishes the right for workers making use of the different types of leave to receive an adequate allowance during the minimum period of leave . The level of the allowance should be at least equivalent to the level of sick pay .
Flexible working arrangements : the Parental Leave Directive already provides for the possibility to ask for two types of flexible working arrangements (working patterns and working hours) for parents returning from parental leave. The current proposal extends these two existing forms to a third form of flexible working arrangement ( remote working possibilities ) and further extends the personal scope of those rights to all carers and workers with children up to a given age, which shall be at least twelve .
In order to take account of the needs of employers and workers, this provision gives Member States the possibility to limit the duration of flexible working arrangements .
Employment rights : the Parental Leave Directive includes the right to return to the same job or, if that is not possible, to an equivalent or similar job, the right to maintain rights acquired or in the process of being acquired by the worker on the date on which parental leave starts. The proposal builds on the existing rights and equally foresees the minimum protection of the employment rights of parents and carers through allowing them to return to their (equivalent) job, to benefit from any improvement of working conditions during their absence , to maintain their acquired rights and to maintain their employment relationship while being on leave.
Protection from dismissal and burden of proof : the Parental Leave Directive already provides protection against dismissal on the grounds of an application for, or the taking of, parental leave. If, in spite of this protection, a worker considers that he or she has been dismissed on the grounds of applying for or enjoying the rights referred to in the proposed Directive, or 6, or of exercising the right to request flexible working arrangements, this provision places on the employer the burden to prove that the dismissal was due to other objective reasons .
Penalties : the provision requires Member States to provide for effective, proportionate and dissuasive penalties, be it fines and/or compensations, for breaches of the obligations under this Directive, and to make sure that they are applied.
This provision requires Member States to provide workers complaining about breaches of national provision adopted pursuant to this Directive with adequate judicial protection against any adverse treatment or consequences by the employer, without which the effective implementation of the principle of equal treatment would not be possible.
Transposition and implementation : at the time of its entry into force, Directive 2010/18/EU on parental leave shall be repealed . Member States shall have two years to transpose the proposal for a Directive into national law. Member States may entrust the Social Partners with the implementation of the Directive.
Documents
Documents
- Final act published in Official Journal: Directive 2019/1158
- Final act published in Official Journal: OJ L 188 12.07.2019, p. 0079
- Contribution: COM(2017)0253
- Draft final act: 00020/2019/LEX
- Commission response to text adopted in plenary: SP(2019)443
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading: T8-0348/2019
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE636.275
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)001488
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001488
- Text agreed during interinstitutional negotiations: PE636.275
- Committee report tabled for plenary, 1st reading/single reading: A8-0270/2018
- Committee report tabled for plenary, 1st reading: A8-0270/2018
- Committee opinion: PE618.327
- Committee opinion: PE606.271
- Amendments tabled in committee: PE620.919
- Amendments tabled in committee: PE621.003
- Amendments tabled in committee: PE619.262
- Committee draft report: PE618.193
- Debate in Council: 3583
- Economic and Social Committee: opinion, report: CES2275/2017
- Committee of the Regions: opinion: CDR3138/2017
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0202
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0203
- Legislative proposal published: COM(2017)0253
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2017)0202
- Document attached to the procedure: EUR-Lex SWD(2017)0203
- Committee of the Regions: opinion: CDR3138/2017
- Economic and Social Committee: opinion, report: CES2275/2017
- Committee draft report: PE618.193
- Amendments tabled in committee: PE619.262
- Amendments tabled in committee: PE620.919
- Amendments tabled in committee: PE621.003
- Committee opinion: PE606.271
- Committee opinion: PE618.327
- Committee report tabled for plenary, 1st reading/single reading: A8-0270/2018
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001488
- Text agreed during interinstitutional negotiations: PE636.275
- Commission response to text adopted in plenary: SP(2019)443
- Draft final act: 00020/2019/LEX
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
- Contribution: COM(2017)0253
Activities
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (2)
- Marianne THYSSEN
Plenary Speeches (2)
- Enrique CALVET CHAMBON
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Michael DETJEN
Plenary Speeches (1)
- Elena GENTILE
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Czesław HOC
Plenary Speeches (1)
- Agnieszka KOZŁOWSKA
Plenary Speeches (1)
- Kostadinka KUNEVA
Plenary Speeches (1)
- Barbara MATERA
Plenary Speeches (1)
- Miroslavs MITROFANOVS
Plenary Speeches (1)
- Elisabeth MORIN-CHARTIER
Plenary Speeches (1)
- Marijana PETIR
Plenary Speeches (1)
- Sofia RIBEIRO
Plenary Speeches (1)
- Daciana Octavia SÂRBU
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Helga STEVENS
Plenary Speeches (1)
- Marita ULVSKOG
Plenary Speeches (1)
- Renate WEBER
Plenary Speeches (1)
- Maria Gabriela ZOANĂ
Plenary Speeches (1)
- Jana ŽITŇANSKÁ
Plenary Speeches (1)
Votes
A8-0270/2018 - David Casa - Vote procédural #
2019/04/04 Outcome: -: 470, +: 126, 0: 18
| CY | EE | EL | IE | SE | SK | LU | LV | FI | DK | SI | AT | HR | MT | CZ | LT | HU | PT | ES | BE | NL | BG | GB | RO | PL | FR | IT | DE | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
2
|
3
|
12
|
10
|
16
|
10
|
6
|
7
|
11
|
11
|
7
|
16
|
8
|
6
|
16
|
9
|
16
|
21
|
44
|
21
|
24
|
16
|
52
|
27
|
39
|
64
|
57
|
82
|
|
| Verts/ALE |
47
|
1
|
3
|
1
|
1
|
1
|
1
|
1
|
3
|
1
|
1
|
1
|
Spain Verts/ALE |
2
|
2
|
United Kingdom Verts/ALEFor (6) |
4
|
1
|
Germany Verts/ALEFor (12) |
||||||||||
| GUE/NGL |
44
|
2
|
Greece GUE/NGL |
4
|
1
|
1
|
1
|
2
|
4
|
3
|
1
|
France GUE/NGLFor (5) |
2
|
Germany GUE/NGLFor (7) |
|||||||||||||||
 NI |
14
|
Greece NIFor (2)Against (3) |
1
|
1
|
2
|
1
|
1
|
1
|
2
|
||||||||||||||||||||
| EFDD |
28
|
1
|
United Kingdom EFDDFor (3)Against (6) |
1
|
France EFDDAgainst (5) |
Italy EFDDAgainst (10)Abstain (1) |
1
|
||||||||||||||||||||||
| ENF |
29
|
4
|
1
|
3
|
2
|
1
|
France ENFAgainst (10)Abstain (3) |
Italy ENFAgainst (5) |
|||||||||||||||||||||
| ECR |
59
|
2
|
3
|
1
|
1
|
3
|
1
|
4
|
2
|
2
|
United Kingdom ECRFor (1)Against (15) |
2
|
Poland ECRAgainst (13)Abstain (2) |
2
|
Germany ECRAgainst (5) |
||||||||||||||
| ALDE |
63
|
2
|
1
|
3
|
1
|
4
|
2
|
1
|
1
|
2
|
4
|
3
|
1
|
Spain ALDEFor (1)Against (7) |
Belgium ALDEAgainst (6) |
Netherlands ALDEAgainst (6) |
4
|
1
|
3
|
France ALDEAgainst (7) |
3
|
||||||||
| S&D |
151
|
2
|
1
|
Sweden S&DFor (1)Against (4) |
Slovakia S&DFor (2)Against (1)Abstain (1) |
1
|
1
|
2
|
3
|
1
|
Austria S&DFor (2)Against (2) |
1
|
3
|
3
|
2
|
3
|
Portugal S&DAgainst (8) |
10
|
4
|
3
|
4
|
United Kingdom S&DFor (2)Against (11) |
12
|
Poland S&D |
France S&DFor (2)Against (9) |
Italy S&DAgainst (21)
Alessia Maria MOSCA,
Brando BENIFEI,
Caterina CHINNICI,
Cécile Kashetu KYENGE,
Damiano ZOFFOLI,
Daniele VIOTTI,
Elena GENTILE,
Enrico GASBARRA,
Flavio ZANONATO,
Giuseppe FERRANDINO,
Isabella DE MONTE,
Luigi MORGANO,
Massimo PAOLUCCI,
Michela GIUFFRIDA,
Nicola CAPUTO,
Nicola DANTI,
Paolo DE CASTRO,
Pier Antonio PANZERI,
Renata BRIANO,
Roberto GUALTIERI,
Silvia COSTA
Abstain (1) |
Germany S&DFor (1)Against (19) |
||
| PPE |
178
|
1
|
4
|
2
|
3
|
3
|
4
|
2
|
4
|
4
|
4
|
3
|
Czechia PPEFor (1)Against (4) |
3
|
Hungary PPEAgainst (11) |
Portugal PPEAgainst (8) |
Spain PPEAgainst (14)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Pilar AYUSO,
Pilar DEL CASTILLO VERA,
Ramón Luis VALCÁRCEL SISO,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ,
Verónica LOPE FONTAGNÉ
|
4
|
Netherlands PPEAgainst (5) |
Bulgaria PPEAgainst (6) |
2
|
Romania PPEAgainst (10) |
Poland PPEAgainst (16)
Adam SZEJNFELD,
Agnieszka KOZŁOWSKA,
Andrzej GRZYB,
Barbara KUDRYCKA,
Bogdan Andrzej ZDROJEWSKI,
Bogusław SONIK,
Czesław Adam SIEKIERSKI,
Danuta JAZŁOWIECKA,
Danuta Maria HÜBNER,
Jan OLBRYCHT,
Jarosław KALINOWSKI,
Jerzy BUZEK,
Julia PITERA,
Krzysztof HETMAN,
Róża THUN UND HOHENSTEIN,
Tadeusz ZWIEFKA
Abstain (1) |
France PPEFor (1)Against (17) |
Italy PPEFor (1)Against (8) |
Germany PPEAgainst (32)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Birgit COLLIN-LANGEN,
Christian EHLER,
Daniel CASPARY,
David MCALLISTER,
Dennis RADTKE,
Dieter-Lebrecht KOCH,
Elmar BROK,
Godelieve QUISTHOUDT-ROWOHL,
Hermann WINKLER,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Joachim ZELLER,
Karl-Heinz FLORENZ,
Manfred WEBER,
Markus FERBER,
Michael GAHLER,
Monika HOHLMEIER,
Norbert LINS,
Peter JAHR,
Peter LIESE,
Rainer WIELAND,
Reimer BÖGE,
Renate SOMMER,
Sabine VERHEYEN,
Stefan GEHROLD,
Sven SCHULZE,
Thomas MANN,
Werner LANGEN
|
A8-0270/2018 - David Casa - Am 102 #
2019/04/04 Outcome: +: 490, -: 82, 0: 48
| Amendments | Dossier |
| 1246 |
2017/0085(COD)
2017/12/04
JURI
141 amendments...
Amendment 100 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that
Amendment 101 #
Proposal for a directive 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
Amendment 102 #
Proposal for a directive 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
Amendment 103 #
Proposal for a directive 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
Amendment 104 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 (new) The length of parental leave shall be extendible for parents looking after a child with a disability or serious illness.
Amendment 105 #
Proposal for a directive Article 5 – paragraph 1 a (new) Amendment 106 #
Proposal for a directive Article 5.º – paragraph 1 a (new) 1a. The length of parental leave shall be doubled for parents looking after a child with a disability or serious illness.
Amendment 107 #
Proposal for a directive Article 5.º – paragraph 1 b (new) 1b. The length of parental leave shall be doubled for single parents.
Amendment 108 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall
Amendment 109 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least three of the four months of parental leave cannot be transferred.
Amendment 110 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 111 #
Proposal for a directive Article 5.º – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 112 #
Proposal for a directive Article 5 – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be compulsorily taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).
Amendment 113 #
Proposal for a directive Article 5 – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed
Amendment 114 #
Proposal for a directive Article 5.º – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed
Amendment 115 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In any case, the employer shall be prevented to impose on the parent any arrangement that allows for unsocial working hours.
Amendment 116 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer,
Amendment 117 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5a. Workers shall be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on the probation period.
Amendment 118 #
Proposal for a directive Article 5 – paragraph 5 b (new) 5b. Employment relationships that lead to precarious working conditions, including unsocial working hours, shall be prevented.
Amendment 119 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be
Amendment 120 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least
Amendment 121 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to paid carers' leave of at least
Amendment 122 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least
Amendment 123 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary
Amendment 124 #
Proposal for a directive Article 6 a (new) Article 6a Leave for mothers and fathers with a disability The Member States shall guarantee that the length of the types of leave described in this Directive is extendible by at least 50% for mothers and fathers with a disability.
Amendment 125 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work
Amendment 126 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may
Amendment 127 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in
Amendment 128 #
Proposal for a directive Article 7.º – paragraph 1 Member States shall take the necessary measures to ensure that
Amendment 129 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners,
Amendment 130 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to
Amendment 131 #
Proposal for a directive Article 8.º – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that
Amendment 132 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 133 #
Proposal for a directive Article 8 – paragraph 1 – subparagraph 1 (new) The Member States may establish a pay or allowance ceiling in accordance with their national legislation.
Amendment 134 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes.
Amendment 135 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable
Amendment 136 #
Proposal for a directive Article 9.º – paragraph 1 1. Member States shall take the necessary measures to ensure that
Amendment 137 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to
Amendment 138 #
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least t
Amendment 139 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least
Amendment 140 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working
Amendment 141 #
Proposal for a directive Article 9.º – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and
Amendment 142 #
Proposal for a directive 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 in writing any refusal of such a request.
Amendment 143 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. Provision should also be made for a 'protection period' at the time of re-entry to allow the worker an easier and more effective reintegration into professional life, bearing in mind that, in this transitional phase, the use of new technologies could help workers to move more quickly towards resuming work in a lasting, more agile manner, while updating their skills. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workers.
Amendment 144 #
Proposal for a directive Article 9 – paragraph 3 3.
Amendment 145 #
Proposal for a directive Article 9.º – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the
Amendment 146 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit discrimination and less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 147 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit
Amendment 148 #
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9
Amendment 149 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide in due time those grounds in writing.
Amendment 150 #
Proposal for a directive Article 12 – 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, facts from which it may be presumed that there have been such dismissal, it shall be for the
Amendment 151 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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 compensation. In cases of the inadmissible rejection of requests for parental leave or care leave - as established for parents of children with disabilities and extremely serious illnesses according to the certification drawn up by national health authorities - the obligation immediately to grant leave shall be established by the judicial authorities by an accelerated procedure.
Amendment 152 #
Proposal for a directive Article 13.º – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 153 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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.
Amendment 154 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 155 #
Proposal for a directive Article 14 – paragraph 1 Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or any form of retaliation, discrimination or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.
Amendment 156 #
Proposal for a directive Article 14.º – paragraph 1 Member States shall introduce measures necessary to protect
Amendment 157 #
Proposal for a directive Article 15 – paragraph 1 Without prejudice to the powers of the labour inspection services or other bodies, including social services, responsible for monitoring workers' rights, Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and carers without discrimination on grounds of sex are also competent for issues falling within the scope of this Directive.
Amendment 158 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, but never below the standards currently in force in national legislation. They shall however ensure that at least four months of parental leave remain non- transferable in accordance with Article 5(2) and that the leave protection is mandatory for parents of children with disabilities and extremely serious illnesses - pursuant to the certification established by the national health authorities.
Amendment 159 #
Proposal for a directive 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
Amendment 160 #
Proposal for a directive Article 17 – paragraph 1 Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means and in due time to the attention of the persons concerned throughout their territory.
Amendment 161 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by
Amendment 162 #
Proposal for a directive Article 19 – paragraph 1 a (new) Article 8 of this Directive shall not apply to any period of parental leave taken pursuant to Directive 2010/18/EU prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] and which has been deducted from the total parental leave entitlement under Article 5 of this Directive, as specified in paragraph 1 of this Article.
Amendment 163 #
Proposal for a directive Article 19 – paragraph 1 b (new) Notwithstanding the repeal of Directive 2010/18/EU, any period or separate cumulative periods of parental leave taken by a worker, or transferred by that worker pursuant to that Directive prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] may be deducted from that worker’s parental leave entitlement under Article 5 of the present Directive.
Amendment 164 #
The Member States shall without delay bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest two years after the entry into force. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 165 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest
Amendment 25 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay. This Directive contributes to these objectives by eliminating disparities, strengthening gender equality, promoting a high level of employment and consolidating the social dimension in the Union, as well as boosting upward convergence in the Member States in terms of social benefits.
Amendment 26 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas,
Amendment 27 #
Proposal for a directive Recital 3 (3) Article 33 of the Charter of Fundamental Rights of the European Union provides for legal, economic and social protection, the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child, to reconcile family and professional life.
Amendment 28 #
Proposal for a directive Recital 3 a (new) (3a) Article 151 of the Treaty on the Functioning of the European Union provides that the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter and in the Community Charter of the Fundamental Social Rights of Workers, are to have as their objective the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.
Amendment 29 #
Proposal for a directive Recital 4 a (new) (4a) People with disabilities should have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, as well as a work environment adapted to their needs.
Amendment 30 #
Proposal for a directive Recital 4 b (new) (4b) Equality of treatment and opportunities between women and men should be ensured and fostered in all areas, including participation in the labour market, terms and conditions of employment and career progression. Women and men have the right to equal pay for work of equal value.
Amendment 31 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market
Amendment 32 #
Proposal for a directive Recital 6 (6) At Union level, several Directives in the fields of gender equality and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council16, Directive 2010/41/EU of the European Parliament and of the Council17, Council Directive 92/85/EEC18, Council Directive 97/81/EC19, Council Directive 2010/18/EU20 and Council Directive 20
Amendment 33 #
Proposal for a directive Recital 6 a (new) (6a) According to the data for October 2017 (Commission statistics), the male employment rate in the EU was 71.9%, compared to a female employment rate of 61.4%, despite the fact that women have a higher level of education.
Amendment 34 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. This contributes substantially to the gender pay gap (as much as to 28% in certain Member States), which accumulates over the working life into a gender pension gap (averaging 40% in the Union) and results in higher risk of poverty and social exclusion. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 35 #
Proposal for a directive Recital 7 (7)
Amendment 36 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women
Amendment 37 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and
Amendment 38 #
Proposal for a directive Recital 7 a (new) (7a) According to Eurofound data, over three million people have left full-time employment because they lack facilities for childcare or for caring for dependent family members.
Amendment 39 #
Proposal for a directive Recital 7 a (new) (7a) Children have the right to affordable early childhood education and care of good quality.
Amendment 40 #
Proposal for a directive Recital 7 b (new) (7b) Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.
Amendment 41 #
Proposal for a directive Recital 8 (8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. There are currently no harmonised Union rules providing for paternity leave or leave to take care of ill or dependant relatives, with exception of absence for reasons of force majeure. 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 work and care. Conversely, use of work- life balance arrangements by fathers,
Amendment 42 #
Proposal for a directive 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 or inadequacy in the design of work-life balance policies between women and men slows down growth, leads to a departure from the objectives of social inclusion, puts women at greater risk of poverty, especially in old age, and reinforces gender differences between 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 and their social, economic and professional emancipation.
Amendment 43 #
Proposal for a directive Recital 8 a (new) (8a) Parents and people with caring responsibilities should have the right to suitable leave, flexible working arrangements and access to care services. Women and men should have equal access to special leaves of absence in order to fulfil their caring responsibilities and should be encouraged to use them in a balanced way.
Amendment 44 #
Proposal for a directive Recital 9 a (new) (9a) The social partners should be consulted on the design and implementation of economic, employment and social policies according to national practices. They should be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.
Amendment 45 #
Proposal for a directive Recital 9 a (new) (9a) It is important to achieve a balance between professional, private and family life through a broad approach which includes legislative and non- legislative actions, including effective incentives and measures, such as tax credits for childcare and for caring for people in need.
Amendment 46 #
Proposal for a directive Recital 10 (10) It is appropriate to repeal and replace Directive 2010/18/EU which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners. This Directive builds, in particular, upon the rules laid down in Directive 2010/18/EU and complements them by strengthening existing rights and by introducing new rights. Nothing in the proposed Directive should be interpreted as diminishing previously existing rights under the Parental Leave Directive.
Amendment 47 #
Proposal for a directive Recital 10 (10) It is appropriate to repeal and
Amendment 48 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities
Amendment 49 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union, as well as of a decent standard of living for workers and their families.
Amendment 50 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for both parents and for carers, this Directive s
Amendment 51 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term or open- ended contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 52 #
Proposal for a directive Recital 12 a (new) (12a) The Directive will have to confirm the priority of establishing a good work- life balance without resorting to the introduction of precarious and atypical working conditions,
Amendment 53 #
Proposal for a directive Recital 12 b (new) (12b) The Directive also aims to improve and strengthen the provisions concerning admissibility and regulatory certainty for the granting of parental leave to those with children with disabilities or serious long-term illnesses, especially in order to avoid arbitrary treatment regarding the granting of leave for the relevant age groups going beyond the provisions of current regulations, the introduction of vouchers or special contributions to meet the costs of child care services.
Amendment 54 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal
Amendment 55 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 56 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for
Amendment 57 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced.
Amendment 58 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental
Amendment 59 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU,
Amendment 60 #
Proposal for a directive 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 twelve 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 written justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, 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. The Member State authorities shall ensure that employers do not discriminate against workers who request flexible working arrangements, parental leave or leave of absence for urgent family reasons. At the same time, in order to ensure balance between the interests of employers and workers, Member States should ensure that employers are protected against any abuse of such rights. 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.
Amendment 61 #
Proposal for a directive 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 t
Amendment 62 #
Proposal for a directive 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 twelve 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 the flexibility required of workers makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave,
Amendment 63 #
Proposal for a directive 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 t
Amendment 64 #
Proposal for a directive 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
Amendment 65 #
Proposal for a directive 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
Amendment 66 #
Proposal for a directive 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
Amendment 67 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave,
Amendment 68 #
Proposal for a directive Recital 18 (18) In addition to the right to carers' leave provided for in this Directive, all workers should maintain their right to take time off from work
Amendment 69 #
Proposal for a directive Recital 19 (19) To increase the incentives for
Amendment 70 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be a
Amendment 71 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes.
Amendment 72 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences, without, however, abusing this right. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of
Amendment 73 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force,
Amendment 74 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to
Amendment 75 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground. Exercising one's right to leave or flexible working arrangements should not have adverse effects on the level of employment or other working conditions.
Amendment 76 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination, retaliation or any less favourable treatment on that ground.
Amendment 77 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal, pressures and mobbing to the detriment of the worker and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.
Amendment 78 #
Proposal for a directive Recital 26 (26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of
Amendment 79 #
Proposal for a directive Recital 26 (26) Member States should provide for effective, proportionate and dissuasive
Amendment 80 #
Proposal for a directive Recital 30 (30)
Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work in terms of social rights and pay through facilitating the reconciliation of work and family life for working parents and carers.
Amendment 82 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, both men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.
Amendment 83 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State.
Amendment 84 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State.
Amendment 85 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 86 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 87 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a
Amendment 88 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means a worker's son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law and also an uncle/aunt/grandfather/ grandmother/grandchild who is dependent on the worker and is shown to be in need of special care and assistance;
Amendment 89 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) "dependency" "dependency" means a situation in which a person is, temporarily or permanently, in need of care due to disability or
Amendment 90 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) "single parent or carer" means a person who is neither married nor in a partnership as recognised by national law, and who has sole parental or family responsibility for a child, elderly dependents or immediate relatives with incapacitating chronic diseases.
Amendment 91 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) "single parent" means a person who is unmarried or legally separated from a spouse and has a minor or children for which the parent has either custody or joint custody.
Amendment 92 #
Proposal for a directive Article 3 – paragraph 1 – point f b (new) (fb) "unsocial hours working time" means working hours in the evenings, at night and at weekends, that prevent workers from decently organise and appreciate life outside work.
Amendment 93 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take pa
Amendment 94 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that
Amendment 95 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the
Amendment 96 #
Proposal for a directive Article 4.º – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least twelve
Amendment 97 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall include also single parents. It shall be granted irrespective of marital or family status as defined in national law.
Amendment 98 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of their length of service and the nature of their contract.
Amendment 99 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave paid at least what they are legally owed on sick days of at least four months to be taken before the child reaches a given age which shall be at least t
source: 615.311
2018/04/12
FEMM
444 amendments...
Amendment 100 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity
Amendment 101 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum
Amendment 102 #
Proposal for a directive Recital 11 (11) This Directive lays down recommendations for paternity leave, as well as minimum requirements related to
Amendment 103 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. The Union should encourage Member States to extend the enjoyment of the rights set forth by this Directive to the self-employed through national legislative measures. This should especially apply in regard to the self-employed who contribute with their earnings to coverage schemes that finance compensation for the leaves. Member States should be encouraged to develop systems which would enable the self-employed to contribute to such coverage schemes
Amendment 104 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. This Directive should also apply in legal relationships which, in accordance with the national law or judicial practice of the Member States, fulfil the characteristics of dependent employment and are therefore deemed to be employment relationships (in particular, in cases of self- employment).
Amendment 105 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. To support entrepreneurship and take into account new forms of work, this Directive also applies to self-employed workers.
Amendment 106 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts, including atypical contracts, or other employment relationships, as well as those who are self-employed. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 107 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken within the first two years of a child’s life, preferably on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as
Amendment 108 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced.
Amendment 109 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers
Amendment 110 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 111 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity
Amendment 112 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 113 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the
Amendment 114 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers, with an obligatory period, to be taken on the occasion of the birth of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 115 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the
Amendment 116 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 117 #
Proposal for a directive Recital 13 a (new) (13a) Fathers’ rights should not be recognised and strengthened at the expense of mothers’ rights, through either the withdrawal or the weakening of them. Parents should be encouraged to share family responsibilities with a view to dividing them in a balanced and fair manner. For that to be achieved, mothers’ rights and fathers’ rights must be enshrined separately so that they can exercise them in a complementary manner, free of the inequality that working and social conditions force on them, paving the way for dynamic social progress towards real equality between women and men in this as in other areas of life in society.
Amendment 118 #
Proposal for a directive Recital 13 b (new) (13b) The free decision of the woman and the couple regarding how to share parental leave must take into account not only the socio-economic and cultural elements of parenthood but also the biological elements, given the need to guarantee women support and care during pregnancy, childbirth and the postnatal and breastfeeding periods.
Amendment 119 #
Proposal for a directive Recital 14 Amendment 120 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU,
Amendment 121 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU,
Amendment 122 #
Proposal for a directive Recital 14 (14)
Amendment 123 #
Proposal for a directive Recital 14 (14)
Amendment 124 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to
Amendment 125 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave
Amendment 126 #
Proposal for a directive Recital 15 (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
Amendment 127 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to
Amendment 128 #
Proposal for a directive 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 twelve 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
Amendment 129 #
Proposal for a directive 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 twelve 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
Amendment 130 #
Proposal for a directive 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 twelve 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, taking into account the specific conditions in micro, small- and medium- size businesses. 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
Amendment 131 #
Proposal for a directive 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 twelve 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
Amendment 132 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave
Amendment 133 #
Proposal for a directive 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 twelve years old. Member States should be able to specify
Amendment 134 #
Proposal for a directive 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 twelve 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, taking into particular account the requirements of micro, small and medium-sized enterprises. 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, will take up their entitlement to such leave, workers should be able to request to take
Amendment 135 #
Proposal for a directive 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 twelve 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
Amendment 136 #
Proposal for a directive 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 twelve 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
Amendment 137 #
Proposal for a directive Recital 15 (15) In order to
Amendment 138 #
Proposal for a directive 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 twelve 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
Amendment 139 #
Proposal for a directive 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 twelve 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
Amendment 140 #
Proposal for a directive Recital 15 a (new) Amendment 141 #
Proposal for a directive Recital 15 a (new) (15a) Against the background of an ageing society and the EU-wide trend towards an increasing retirement age, grandparents can help parents to cope with the twin challenges of a professional career and child caring. The help of early semi-retirement schemes can provide a smooth transition from family- professional life to retirement. The EU should therefore be encouraged to allow Member States to provide for the possibility to transfer the parental leave entitlement to their parent as well as to their grandparents.
Amendment 142 #
Proposal for a directive Recital 16 Amendment 143 #
Proposal for a directive Recital 16 Amendment 144 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and
Amendment 145 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and employers should
Amendment 146 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to
Amendment 147 #
Proposal for a directive Recital 17 Amendment 148 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers’ leave to take care of that relative. This not only reflects the current care provision reality, within creasing care needs on the one hand (due to societal ageing) and a deficit in the supply of formal long-term care options, it will help carers to maintain their attachment to the labour market and prevent them from dropping out altogether when faced with a particularly intensive period of care. Finally, it will also help employers to mitigate the cost of absenteeism, presenteeism and the erosion of motivation and performance among working carers. Informal care is the bedrock of care provision and carers need to be enabled to care. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 149 #
Proposal for a directive Recital 17 (17) In order to provide greater
Amendment 150 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work
Amendment 151 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for women and
Amendment 152 #
Proposal for a directive Recital 17 (17) In order to
Amendment 153 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying
Amendment 154 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force
Amendment 155 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a
Amendment 156 #
Proposal for a directive Recital 17 a (new) (17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.
Amendment 157 #
Proposal for a directive Recital 18 Amendment 158 #
Proposal for a directive Recital 18 (18)
Amendment 159 #
Proposal for a directive Recital 18 a (new) (18a) Member States should incentivise subsidised home care arrangements by supporting ‘independent living’ projects which enable persons requiring assistance to choose to contact qualified professional operators; both men and women would thus be able to combine their working lives more easily with the provision of assistance to elderly relatives, or those with disabilities and/or in need of support.
Amendment 160 #
Proposal for a directive Recital 19 Amendment 161 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to
Amendment 162 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be defined by the Member State and should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements and should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 163 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to
Amendment 164 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities,
Amendment 165 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right
Amendment 166 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be
Amendment 167 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be
Amendment 168 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this
Amendment 169 #
Proposal for a directive Recital 19 a (new) (19a) To increase the incentives for workers with children and family responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to pay equivalent to 100% of their salary. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 170 #
Proposal for a directive Recital 20 (20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract or employment relationship for the
Amendment 171 #
Proposal for a directive Recital 20 a (new) (20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.
Amendment 172 #
Proposal for a directive Recital 21 (21) In order to encourage working parents
Amendment 173 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children
Amendment 174 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be
Amendment 175 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should
Amendment 176 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request
Amendment 177 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be
Amendment 178 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, in particular of micro, small and medium-sized enterprises, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having
Amendment 179 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work
Amendment 180 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should
Amendment 181 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to
Amendment 182 #
Proposal for a directive Recital 21 a (new) (21a) Member States should provide working parents with suitable childcare facilities and services that are of high quality and are affordable for all income groups.
Amendment 183 #
Proposal for a directive Recital 22 (22) Leave arrangements are intended to
Amendment 184 #
Proposal for a directive 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
Amendment 185 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request
Amendment 186 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against any form of discrimination or any less favourable treatment on that ground.
Amendment 187 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave
Amendment 188 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to
Amendment 189 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken, such leave or have exercised the right to request such flexible working arrangements.
Amendment 190 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.
Amendment 191 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request
Amendment 192 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to
Amendment 193 #
Proposal for a directive Recital 25 Amendment 194 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6
Amendment 195 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request
Amendment 196 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to
Amendment 197 #
Proposal for a directive Recital 26 (26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function.
Amendment 198 #
Proposal for a directive Recital 26 (26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.
Amendment 199 #
Proposal for a directive Recital 26 (26) Member States
Amendment 200 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided for in this Directive, national equality bodies, workers’ bodies, social care and children’s rights and care bodies should also be competent in the areas covered in this Directive.
Amendment 201 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.
Amendment 202 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided for in this Directive, national
Amendment 203 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Rights acquired under the existing legal framework should continue to apply,
Amendment 204 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus
Amendment 205 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus
Amendment 206 #
Proposal for a directive Recital 29 a (new) (29a) No further EU regulation, including regulations resulting from country-specific recommendations or macroeconomic conditionalities, should encourage the removal in any Member State of existing and acquired rights which fall within the scope of this Directive.
Amendment 207 #
Proposal for a directive 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 208 #
Proposal for a directive 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 regularly assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with
Amendment 209 #
Proposal for a directive Recital 30 (30)
Amendment 210 #
Proposal for a directive Recital 30 (30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.
Amendment 211 #
Proposal for a directive Recital 30 a (new) (30a) Member States should provide for tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work through facilitating the reconciliation of work and family life for working parents
Amendment 213 #
Proposal for a directive Article 1 – paragraph 2 – point a a) paternity leave, maternity leave, parental leave and carers' leave;
Amendment 214 #
Proposal for a directive Article 1 – paragraph 2 – point a a) paternity leave, parental leave and
Amendment 215 #
Proposal for a directive Article 1 – paragraph 2 – point a (a) paternity leave
Amendment 216 #
Proposal for a directive Article 1 – paragraph 2 – point b (b)
Amendment 217 #
Proposal for a directive Article 1 – paragraph 2 – point b b)
Amendment 218 #
Proposal for a directive Article 1 – paragraph 2 – point b (b) employee-oriented flexible working arrangements for working parents and carers.
Amendment 219 #
Proposal for a directive Article 1 – paragraph 2 – point b (b) flexible working arrangements for working parents
Amendment 220 #
Proposal for a directive Article 1 a (new) Article 1a Nevertheless to fully achieve the intended goal of this Directive, it is needed to come up with the committed maternity leave proposal that accommodates the terms of the existing one from 1992 to the current improvements.
Amendment 221 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all
Amendment 222 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.
Amendment 223 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship, as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 224 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship, as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 225 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship
Amendment 226 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 227 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers,
Amendment 228 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers,
Amendment 229 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship, full- time or part-time, including those who are self-employed or have an atypical contract.
Amendment 230 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or an actual employment relationship, regardless of the name or legal form of the document on which the employment is based.
Amendment 231 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid and mandatory leave from work for fathers
Amendment 232 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means fully paid and mandatory to take leave from work
Amendment 233 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers
Amendment 234 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid and mandatory leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth or adoption of a child;
Amendment 235 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid and mandatory leave from work for fathers or an equivalent second parent as defined in national law to be taken on the
Amendment 236 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth or adoption of a child;
Amendment 237 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 238 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave
Amendment 239 #
Proposal for a directive Article 3 – paragraph 1 – point a a) “paternity leave" means leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 240 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers to be taken on the occasion of the birth of a child;
Amendment 241 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (aa) ‘maternity leave’ means leave from work for mothers to be taken on the occasion of the birth of a child;
Amendment 242 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption o
Amendment 243 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 244 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 245 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 246 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 247 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, disability, mental health or age related problem;
Amendment 248 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) “supplementary parental leave” means time off to care for children up to 12 years old;
Amendment 249 #
Proposal for a directive Article 3 – paragraph 1 – point c Amendment 250 #
Proposal for a directive Article 3 – paragraph 1 – point c c) “carer” means a worker providing personal care or support in case of
Amendment 251 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “informal carer” means a worker informally providing personal care or support in case of a serious illness
Amendment 252 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a
Amendment 253 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support in case of a serious illness or dependency of a relative
Amendment 254 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support to a relative or a person in their immediate circle in case of a serious illness or dependency of a relative with care or support needs due to a serious or chronic illness, disability, mental health or age related problem;
Amendment 255 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support
Amendment 256 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support
Amendment 257 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer” means a worker providing personal care or support
Amendment 258 #
Proposal for a directive Article 3 – paragraph 1 – point c c) “
Amendment 259 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) “carers’ leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker’s immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.
Amendment 260 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) “carers’ leave” means leave from work for carers in order to provide personal care or support to a relative or a person in their immediate circle in need of care or support due to a serious or chronic illness, disability, mental health or age related problem
Amendment 261 #
Proposal for a directive Article 3 – paragraph 1 – point d Amendment 262 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means at least a worker’s first-degree relatives (son, daughter, mother, father, s
Amendment 263 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s
Amendment 264 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 265 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 266 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 267 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s son, daughter, mother, father, spouse or partner in civil partnership,
Amendment 268 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s son, daughter, mother, father, step-child, foster child, mother, father, including adoptive ones, as well as step-father, -mother, siblings, grandparents and grandchildren, spouse or partner in civil partnership, where such partnerships are envisaged by national law;
Amendment 269 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means
Amendment 270 #
Proposal for a directive 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 271 #
Proposal for a directive Article 3 – paragraph 1 – point d d) “relative
Amendment 272 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive.
Amendment 273 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) “designated third party” means a worker to whom a parent transfers their entitlement to leave.
Amendment 274 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) “personal care and support” means personalised assistance, care or support informally performed by a worker to an individual with dependency, disability, age impairment, mental illness or other physical, health and/or mental conditions that do not allow the individual to fully participate in the societal and economic life;
Amendment 275 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 276 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 277 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “
Amendment 278 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “dependency” means a s
Amendment 279 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “
Amendment 280 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “
Amendment 281 #
Proposal for a directive Article 3 – paragraph 1 – point e e) “dependency” means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition o
Amendment 282 #
Proposal for a directive Article 3 – paragraph 1 – point e a (new) (ea) “care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a age-related need or a health condition to fully participate in society;
Amendment 283 #
Proposal for a directive Article 3 – paragraph 1 – point f f) “
Amendment 284 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 285 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “flexible working arrangements” means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, where possible, or of other flexible working schedules
Amendment 286 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “
Amendment 287 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) “single parent” means a person who is neither married nor in a civil partnership and has sole parental responsibility for a child, which is granted by a national competent authority.
Amendment 288 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take obligatory paternity leave on the occasion of the birth of a child of at least
Amendment 289 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to
Amendment 290 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paid 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 291 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the
Amendment 292 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers, or the equivalent second parents as defined in national law, have the right to take mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 293 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 294 #
Proposal for a directive 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
Amendment 295 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take paternity leave of at least ten working days
Amendment 296 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 297 #
Proposal for a directive 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 within the first two years of a child’s life, preferably on the occasion of the birth or adoption of a child.
Amendment 298 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers
Amendment 299 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave on full pay of at least ten working days on the occasion of the birth of a child.
Amendment 30 #
Proposal for a directive Title 1 Amendment 300 #
Proposal for a directive 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 or adoption of a child.
Amendment 301 #
Proposal for a directive Article 4 – paragraph 1 1. Member States
Amendment 302 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 303 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall consider introducing the possibility of fathers to take additional unpaid paternity leave provided that this is not excessively burdensome for the employer.
Amendment 304 #
Proposal for a directive Article 4 – paragraph 2 Amendment 305 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker’s employment relationship and irrespective of the worker’s marital or family status as defined in national law.
Amendment 306 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law but also irrespective of their length of service or the status of their employment relationship.
Amendment 307 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law and irrespective of their length of service or status of their employment.
Amendment 308 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted i
Amendment 309 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.
Amendment 31 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Amendment 310 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 311 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have a
Amendment 312 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers
Amendment 313 #
Proposal for a directive 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 twelve. Member States shall ensure that protection measures are applied also to self-employed workers, professionals and entrepreneurs.
Amendment 314 #
Proposal for a directive 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 twelve. Member States may increase the threshold of 12 years for children with disabilities.
Amendment 315 #
Proposal for a directive 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 twelve. The length of parental leave shall be doubled for single parents.
Amendment 316 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have
Amendment 317 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to paid, non- transferable parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 318 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave on full pay of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 319 #
Proposal for a directive Article 5 – paragraph 1 Amendment 32 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on work-life balance for parents and
Amendment 320 #
Proposal for a directive 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
Amendment 321 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. In order to allow for the single-parent to return to the labour market and not become socially and economically marginalised, the single parent shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 322 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States may specify that two months of parental leave should be taken during the first four years of the child’s life.
Amendment 323 #
Proposal for a directive Article 5 – paragraph 1 b (new) 1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. In order to allow for parents with disabilities to return to the labour market and not become socially and economically marginalised, parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 324 #
Proposal for a directive Article 5 – paragraph 2 Amendment 325 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States provide for more than four months’ parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.
Amendment 326 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States’ national laws foresee parental leave of more than 4 months, which is the minimum duration set by this Directive, the Member States may allow one
Amendment 327 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 328 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall
Amendment 329 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure
Amendment 33 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and
Amendment 330 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 331 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 332 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific vulnerability.
Amendment 333 #
Proposal for a directive Article 5 – paragraph 3 3. Member States, after conducting social dialogue with the related stakeholders and unions, shall establish the period of notice to be given by workers to employers when exercising the right to
Amendment 334 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 335 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a designated third party.
Amendment 336 #
Proposal for a directive Article 5 – paragraph 4 Amendment 337 #
Proposal for a directive Article 5 – paragraph 4 Amendment 338 #
Proposal for a directive Article 5 – paragraph 4 Amendment 339 #
Proposal for a directive Article 5 – paragraph 4 Amendment 34 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union’s aims and according to Article 8 of the Treaty on the Functioning of the European Union equality between women and men should be promoted in all activities of the European Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 340 #
Proposal for a directive Article 5 – paragraph 4 Amendment 341 #
Proposal for a directive Article 5 – paragraph 5 Amendment 342 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In case of justified postponement of parental leave, the employer shall, where possible, offer flexible forms of parental leave pursuant to paragraph 6 of this Article.
Amendment 343 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.
Amendment 344 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to once postpone the granting of parental leave by a
Amendment 345 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the exceptional circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 346 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone once the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 347 #
Proposal for a directive Article 5 – paragraph 5 5. Member States
Amendment 348 #
Proposal for a directive Article 5 – paragraph 6 Amendment 349 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing within a reasonable period of time following the submission of the application. This justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreement and/or practices in force in each Member State.
Amendment 35 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union
Amendment 350 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to
Amendment 351 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other
Amendment 352 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to
Amendment 353 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work, as shorter working days or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 354 #
Proposal for a directive Article 5 – paragraph 6 a (new) 6a. Member States may impose restrictions for the purposes of applying for parental leave, for instance as regards the frequency of requests, minimum periods of validity for changes to working arrangements, and the number of periods in which parental leave may be taken.
Amendment 355 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents
Amendment 356 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for
Amendment 357 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability, single parents and parents with children with a disability, or a long-term or serious illness.
Amendment 358 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, single parents, parents having a disability and parents with children with a disability or long-term illness.
Amendment 359 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the
Amendment 36 #
Proposal for a directive Recital 2 (2)
Amendment 360 #
Proposal for a directive Article 5 a (new) Amendment 361 #
Proposal for a directive Article 6 – title Amendment 363 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 364 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year
Amendment 365 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 366 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Should such a right
Amendment 367 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 368 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the
Amendment 369 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the care and support needs of the medical condition of the worker's relative.
Amendment 37 #
Proposal for a directive Recital 2 a (new) (2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.
Amendment 370 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least
Amendment 371 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 372 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of
Amendment 373 #
Proposal for a directive Article 6 – paragraph 1 a (new) Member States shall adopt economic measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The economic incentives must be calculated on the basis of the worker’s reference income.
Amendment 374 #
Proposal for a directive Article 6 – paragraph 1 a (new) Workers shall be obliged to inform their employer without delay of their inability to work and the probable duration thereof.
Amendment 375 #
Proposal for a directive Article 6 a (new) Article 6a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 376 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary
Amendment 377 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 378 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness, mental health problems, or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 379 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of death, illness or accident making the immediate presence of the worker indispensable.
Amendment 38 #
Proposal for a directive Recital 3 (3) Article 33 of the Charter of Fundamental Rights of the European Union provides for the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child, to reconcile family and professional life. The right to work and to respect for family life, should be ensured also by EU law. Family- friendly working environments are crucially important. Furthermore, the well-being and best interests of children are one of the primary considerations in the development, monitoring and implementation of work-life balance policies.
Amendment 380 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance a
Amendment 381 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive
Amendment 382 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. With regard to self-employed workers, professionals and entrepreneurs, Member States shall determine adequate safeguards to provide a minimum level of support for the family unit for the period of leave.
Amendment 383 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements.
Amendment 384 #
Proposal for a directive Article 8 – paragraph 1 Amendment 385 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a full payment
Amendment 386 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an a
Amendment 387 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 388 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 389 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to
Amendment 39 #
Proposal for a directive 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 390 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4
Amendment 391 #
Proposal for a directive Article 9 – title Amendment 392 #
Proposal for a directive Article 9 – title Amendment 394 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and
Amendment 395 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children
Amendment 396 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children or grandchildren up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 397 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age
Amendment 398 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period.
Amendment 399 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Member States may adopt tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.
Amendment 40 #
Proposal for a directive 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 400 #
Proposal for a directive Article 9 – paragraph 2 Amendment 401 #
Proposal for a directive 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. Employers shall consider and respond in writing to requests adaptable working arrangements referred to in paragraph 1, taking into account the needs of both employers, in particular micro and small and medium-sized enterprises (MSMEs), and workers. Employers shall adequately justify any refusal and its grounds of such a request and shall provide alternative options in writing.
Amendment 402 #
Proposal for a directive Article 9 – paragraph 2 Amendment 403 #
Proposal for a directive 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. Employers shall ultimately have the power to decide whether or not to accept a worker’s request for flexible working arrangements.
Amendment 404 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify the grounds of any refusal of such a request while providing options for alternative arrangements.
Amendment 405 #
Proposal for a directive 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 406 #
Proposal for a directive 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
Amendment 407 #
Proposal for a directive 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 408 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing 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.
Amendment 409 #
Proposal for a directive 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 41 #
Proposal for a directive Recital 4 (4) The Union
Amendment 410 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing 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.
Amendment 411 #
Proposal for a directive 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
Amendment 412 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period.
Amendment 413 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 414 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 415 #
Proposal for a directive Article 9 – paragraph 3 3. When
Amendment 416 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 417 #
Proposal for a directive Article 9 – paragraph 3 3. When
Amendment 418 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when
Amendment 419 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.
Amendment 42 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 420 #
Proposal for a directive Article 9 a (new) Article 9a Socio-educational facilities and services Member States shall ensure that public socio-educational facilities and services for early childhood are in place and are tailored to the needs of the population. Member States shall also encourage the provision of supplementary services, in addition to kindergartens, such as family nurseries (or ‘Tagesmutter’), local nurseries, play areas and child-parent centres. Member States shall ensure that workers who fall within the most disadvantaged income brackets also have access to those facilities and services.
Amendment 421 #
Proposal for a directive Article 10 – paragraph 1 1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4
Amendment 422 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 423 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 4
Amendment 424 #
Proposal for a directive Article 10 – paragraph 3 3.
Amendment 425 #
Proposal for a directive Article 10 – paragraph 3 3. .Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 4
Amendment 426 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 427 #
Proposal for a directive Article 10 a (new) Amendment 428 #
Proposal for a directive Article 11 – title Non-discrimination and protection from dismissal
Amendment 429 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9. These shall include, in line with national law, the prohibition of dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9.
Amendment 43 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 430 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit any form of discrimination and less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 431 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to
Amendment 432 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4
Amendment 433 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave
Amendment 434 #
Proposal for a directive Article 12 Amendment 435 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal
Amendment 436 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request
Amendment 437 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal
Amendment 438 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4
Amendment 439 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to
Amendment 44 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article
Amendment 440 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they
Amendment 441 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to
Amendment 442 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall take the necessary measures to ensure that, when workers
Amendment 443 #
Proposal for a directive Article 13 – paragraph 1 Member States
Amendment 444 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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 compensation, or they may oblige an employer to reinstate an employee to his previous post or to an equivalent post. These types of sanctions may be combined.
Amendment 445 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 446 #
Proposal for a directive Article 15 – title Amendment 447 #
Proposal for a directive Article 15 – paragraph 1 Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and workers who informally provide care
Amendment 448 #
Proposal for a directive Article 15 – paragraph 1 Member States shall ensure that the
Amendment 45 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Furthermore, Member States shall take effective and appropriate measures to eliminate discrimination on grounds of disabilities in all matters relating to marriage, family, parenthood and relationships, according to Article 23 of the Convention.
Amendment 450 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. The
Amendment 451 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, provided that such provisions are not excessively burdensome for employers, especially small and middle sized enterprises. They shall however ensure that at least
Amendment 452 #
Proposal for a directive 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
Amendment 453 #
Proposal for a directive Article 16 a (new) Article 16a Non-regression clause The implementation of this Directive shall not be sufficient grounds for any regression in relation to the existing situation in the Member States and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.
Amendment 454 #
Proposal for a directive Article 17 – paragraph 1 Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of the persons concerned throughout their territory, also through the Single Digital Gateway.
Amendment 455 #
Proposal for a directive Article 17 a (new) Article 17a More favourable provisions 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member states. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 456 #
Proposal for a directive Article 17 a (new) Article 17a 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.
Amendment 457 #
Proposal for a directive Article 17 a (new) Article 17a 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.
Amendment 458 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by five years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report and assess the implementation of this Directive’s objectives, including its impact on the development of micro, small and medium-sized enterprises, to the European Parliament and the Council on the application of this Directive.
Amendment 459 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by
Amendment 46 #
Proposal for a directive Recital 4 a (new) (4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 460 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by
Amendment 461 #
Proposal for a directive Article 18 – paragraph 1 a (new) 1a. “More favourable provisions” 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 1. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 2. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 462 #
Proposal for a directive Article 18 – paragraph 1 a (new) 1a. By three years after the date of entry into force of this Directive, the Commission shall assess the possibility to include other types of leave in this Directive, including maternity leave, leave for foster care and specific leave arrangements for persons with parental responsibility.
Amendment 463 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including data, disaggregated by sex and sexual orientation, on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.
Amendment 464 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including data, disaggregated by sex and sexual orientation, on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.
Amendment 465 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including gender-specific data on the take-up of the different types of leave set out in this Directive and their impact on micro, small and medium-sized enterprises, accompanied, if appropriate, by a legislative proposal.
Amendment 466 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.
Amendment 467 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. At the latest, by three years after the entry into force of this Directive, the Commission shall assess the possibility to recast the Directives on maternity, paternity, parental and informal carers´ leaves into a single European Directive providing for an equal and non- transferable parental leave entitlement for parents in case of child birth or adoption or having child after surrogacy;
Amendment 468 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.
Amendment 469 #
Proposal for a directive Article 18 a (new) Article 18a Non-regression 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of more favourable collective agreements. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 47 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in
Amendment 470 #
Proposal for a directive Article 18 a (new) Article 18a “More favourable provisions” 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 471 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 a (new) Member States may implement the Directive on a progressive basis until family leave is granted on full pay.
Amendment 472 #
Proposal for a directive Article 20 – paragraph 3 3. Member States may en
Amendment 473 #
Proposal for a directive Article 20 a (new) Article 20a Non Regression 1. The implementation of this Directive shall not constitute grounds for diminishing the general level of protection already enforced to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers’ rights and leaves. 3. This Directive shall not affect the application of collective agreements introducing more favourable to workers’ rights and leaves. 4. This Directive is without prejudice affecting any other rights conferred on workers by other legal acts of the Union.
Amendment 48 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and p
Amendment 49 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, tackling gender stereotypes that assume women should take the role of carers for children and for elderly and dependent relatives, while men should be the breadwinner and support the family financially, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings and pay. Such policies should take into account demographic changes including the effects of an ageing population.
Amendment 50 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings and pay.
Amendment 51 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of
Amendment 52 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of
Amendment 53 #
Proposal for a directive Recital 5 (5) Work-life balance policies should
Amendment 54 #
Proposal for a directive 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 55 #
Proposal for a directive Recital 5 a (new) (5a) Policies addressing work-life balance in relation to informal carers – who currently provide 80% of all care across the EU, free of charge - are relevant and commensurate with the challenges posed by demographic changes. These will contribute to mitigating the effects of an increasing care demand on the one hand side, and the trend towards smaller and more geographically dispersed families as well as increasing number of women entering the labour market, decreasing the informal care potential on the other. The prevalence of informal care in Europe coupled with the pressure on public expenditure in some countries renders this form of support even more important in the future. It is therefore clear that informal care needs to be supported and measures that enable carers to combine care with work are indispensable in this respect.
Amendment 56 #
Proposal for a directive Recital 5 a (new) 5a. The demographic crisis and low birth rates in the EU are inseparable from policies that promote unemployment, job instability, disregard for and violation of maternity and paternity rights in the workplace, low salaries, deregulation and increased working hours, the lack of a public network of social childcare facilities which guarantee access irrespective of families’ economic situations;
Amendment 57 #
Proposal for a directive Recital 5 a (new) (5a) Work-life balance policies should promote women’s participation in the labour market, closing the gender pay gap and reducing the poverty that increasingly affects women.
Amendment 58 #
Proposal for a directive Recital 5 b (new) 5b. For the social role of motherhood and fatherhood, aside from their contribution to the reversal of the low birth rate, to be recognised, a multi- sectoral response is necessary, with a particular focus on economic and social issues. Jobs with rights and which put an end to job insecurity and instability must urgently be created; wages must be increased; working time must be organised and reduced, making it possible to improve work-life balance; maternity, paternity and parental rights must be bolstered, and compliance with fundamental rights must be monitored; social benefits, particular the family allowance, must be increased and access to them extended; a tax policy must be introduced which relieves the pressure on workers’ incomes and household consumption; a public network of crèches and childcare facilities must be set up; primary and hospital care must be stepped up, guaranteeing the right and access to sexual and reproductive health, family planning and to maternal and child health, work on infertility issues must be stepped up, and support for people with disabilities must be increased and integrated into national public, universal and free healthcare services; access to a public, free and high-quality education system must be possible, and access to affordable housing must be made possible;
Amendment 59 #
Proposal for a directive Recital 6 (6) At Union level, several Directives in the fields of
Amendment 60 #
Proposal for a directive Recital 6 a (new) (6a) The Pillar of Social Rights which was proclaimed by Member States on 17th November 2017 is about delivering new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities and Principle 9 on Work- life Balance. The latter states that “parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”
Amendment 61 #
Proposal for a directive Recital 6 a (new) (6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “[p]arents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.
Amendment 62 #
Proposal for a directive Recital 6 a (new) (6a) The Pillar of Social Rights which was proclaimed by Member States on the17th November 2017 is about delivering new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”
Amendment 63 #
Proposal for a directive Recital 6 a (new) 6a. Stresses that a policy promoting work-life balance cannot be uncoupled from labour regulations which protect workers’ rights, bring an end to flexible working hours, working time and employment relations and prevent all forms of insecure employment. Also points out that increasing wages, having strong regulations and strong labour and social protection provisions in force, reducing hours, and the existence of universal public services are key to guaranteeing at least an equal relationship between time spent at work, resting and enjoying free time.
Amendment 64 #
Proposal for a directive Recital 6 a (new) (6a) The 2013 European Parliament Own Initiative Report entitled ‘Impact of the crisis on access to care for vulnerable groups’ (2013/2044) specifically calls for a Directive on Carers’ Leave
Amendment 65 #
Proposal for a directive Recital 6 b (new) (6b) Approximately 80% of informal, usually unpaid care across the EU is provided by families and friends, who are providing an indispensable part of the provision, organisation and sustainability of health and social care systems. Approximately two-thirds of carers in Europe are women. The economic value of unpaid informal care in the EU, as a percentage of the overall cost of formal long-term care provision, is estimated to range from 50 to 90%;
Amendment 66 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact mainly on female employment. A
Amendment 67 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely. This in turn has negative financial consequences, as the social security and pension rights of these carers may be affected as a result. Research and practice also demonstrate the business case in addressing the needs of working carers, including outcomes such as reduced absenteeism, attracted and retained staff, and better motivation of staff.
Amendment 68 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely. The lower participation of women in employment and the interruption of women’s careers due to their assumption of caring responsibilities exacerbate the gender gap in earnings and pay, putting women at higher risk of poverty or social exclusion.
Amendment 69 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having a
Amendment 70 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers
Amendment 71 #
Proposal for a directive Recital 7 (7)
Amendment 72 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having a
Amendment 73 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family
Amendment 74 #
Proposal for a directive Recital 7 a (new) (7a) Providing informal care can lead to financial difficulties and poverty, particularly for women, due to reduced number of working hours or dropping out of paid employment, cut backs in social provision, direct costs of care such as medication and housing adaptation, and loss of pension rights; for young carers, i.e. children and young people under the age of 18 providing care, caring can have a negative impact on employment prospects in later life;
Amendment 75 #
Proposal for a directive 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 work and care. Conversely, use of
Amendment 76 #
Proposal for a directive 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
Amendment 77 #
Proposal for a directive 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 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. Furthermore, it is vital that Member States ensure adequate provision of quality, accessible, and affordable services for the care of children and other dependants such as the elderly and people with disabilities in order to increase the participation of women in the labour market.
Amendment 78 #
Proposal for a directive 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
Amendment 79 #
Proposal for a directive 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
Amendment 80 #
Proposal for a directive 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 situation is worse in countries where leave is 100% unpaid, which not only disincentivises people from using leave but also fuels inequality and discrimination between men and women, who, on average, receive salaries 16.2% lower than men’s in the EU28. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work- life balance arrangements by fathers
Amendment 81 #
Proposal for a directive 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 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. Furthermore, the availability of quality, accessible, and affordable community-based services and care infrastructure has proven to be a crucial factor to work-life balance policies.
Amendment 82 #
Proposal for a directive 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 work and care, and gender stereotypes that women should take more family care responsibilities. Conversely, use of work-life balance arrangements by fathers,
Amendment 83 #
Proposal for a directive Recital 8 (8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities.
Amendment 84 #
Proposal for a directive 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
Amendment 85 #
Proposal for a directive 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 work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or
Amendment 86 #
Proposal for a directive Recital 8 a (new) (8a) The availability of and access to affordable, adequate and quality early childhood education and care (ECEC), care for other dependent persons and high-quality social services have proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. However, there is a lack of sufficient infrastructure offering quality and accessible childcare for all income levels; for 27 % of Europeans the poor quality of childcare makes it difficult to access these services; achieving quality services means investing in childcare workforce training; only 11 Member States have met the first Barcelona target (childcare available for at least 90 % of children between the ages of 3 and the mandatory school age) and only 10 Member States have achieved the second target (at least 33 % of children under three years). The achievement of these objectives is crucial to allow women to fully participate in employment and prioritising the investment in community- based quality, accessible and affordable childcare in the next Multiannual Financial Framework is pivotal for unlocking the situation. Moreover, funding for community –based services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 87 #
Proposal for a directive Recital 8 a (new) (8a) The availability of quality, accessible, and affordable childcare infrastructures and services has proven to be a crucial and essential aspect to work- life balance policies that facilitates the return or re-integration of women to work and their increased participation in the labour market. However, the majority of EU Member States have still not yet achieved the so-called Barcelona objectives for childcare, set in 2002. The achievement of these objectives is fundamental to allow women to fully participate in employment and prioritising the investment in community-based quality, accessible and affordable childcare at European, national and regional level is pivotal for unlocking the situation. Moreover, funding for community –based services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 88 #
Proposal for a directive Recital 8 a (new) (8a) To achieve work-life balance and gender equality in the provision of care, Council Directive 92/85/EEC must be revised and updated. Parliament’s position is a good starting point for revision, and that revision must be given priority. Increasing the maternity leave period (in line with the WHO’s recommendation that during the first six months of their lives, children should be breastfed only), increasing obligatory maternity leave, guaranteeing full payment of salaries during leave and creating leave specifically for parents of premature or hospitalised newborns are proposals which should be considered with a view to protecting motherhood and acting in the best interests of the child.
Amendment 89 #
Proposal for a directive Recital 8 a (new) (8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women’s and men’s caring responsibilities and access to the labour market.
Amendment 90 #
Proposal for a directive Recital 8 a (new) (8a) The work-life balance package is a step in the right direction, but also a missed chance to make a coherent holistic approach together with the maternity leave directive proposal withdrawn in 2015; the current work-life balance proposal leaves completely aside the need for a new maternity leave proposal which at present dates from 1992;
Amendment 91 #
Proposal for a directive Recital 8 a (new) (8a) The availability of quality, accessible and affordable care infrastructures – supporting childcare as well as care for other dependants – has proved to be a crucial aspect to work-life balance policies that facilitate rapid return to work (after giving birth) and retaining work (by carers for other dependants).
Amendment 92 #
Proposal for a directive Recital 8 b (new) (8b) The EU Member States should achieve the Barcelona objectives for childcare, set in 2002. The availability of quality, accessible, and affordable childcare infrastructures has proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. Investment in quality, accessible and affordable child care in the next MFF is therefore pivotal for unlocking the situation.
Amendment 93 #
Proposal for a directive Recital 8 b (new) (8b) In its conclusions in Barcelona 2002, the European Council decided to set targets for the availability of childcare facilities. Member States agreed to provide, by 2010, childcare for at least 90 % of children between the age of three and the mandatory school age and for at least 33 % of children under the age of three. Those objectives have still not been achieved by the majority of the Member States.
Amendment 94 #
Proposal for a directive Recital 8 c (new) (8c) Access to and availability of high- quality, accessible, and affordable early childhood education, and care services for the elderly and dependents, has proven to be a crucial aspect of work-life balance policies and is necessary to allow women to fully participate in employment. However, there is currently a lack of sufficient infrastructure offering quality and accessible care to workers of all income levels. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care workers, including decent pay and the recognition of care workers’ status and the development of high-quality vocational training pathways for care workers and the development of high- quality training. Investment in community-based, high-quality, accessible and affordable care should therefore be a priority in the next Multiannual Financial Framework.
Amendment 95 #
Proposal for a directive Recital 8 d (new) (8d) A disproportionately high tax burden on the second earner in most Member States remains a significant disincentive to the participation of women in the labour market. The identification and removal of all obstacles resulting from gender-biased tax benefit systems is essential to promote women to fully participate in employment and to promote the equal share of reproductive work and care responsibilities.
Amendment 96 #
Proposal for a directive Recital 9 (9) The Commission has undertaken a two-stage consultation with the social partners on the challenges related to
Amendment 97 #
Proposal for a directive Recital 9 a (new) (9a) Member States should also provide protection for categories of workers such as those who practise a profession or are self-employed or entrepreneurs.
Amendment 98 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers’ leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union. It is also totally in line with current demographic developments, such as increasing care needs due to the ageing of society on the one hand and the diminishing informal care potential on the other (due to smaller and more dispersed families and increasing female labour market participation), which call for a combination of investments in appropriate long-term care services and practical measures that allow carers to maintain an active professional life. It needs to be borne in mind that 80 % of all care provided across the EU is provided by (unpaid) informal carers (75% of these carers are women).
Amendment 99 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and
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2018/04/20
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244 amendments...
Amendment 100 #
Proposal for a directive Recital 10b (new) Amendment 101 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity
Amendment 102 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and
Amendment 103 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union. It is also totally in line with current demographic developments, such as increasing care needs due to the ageing of society on the one hand and the diminishing informal care potential on the other (due to smaller and more dispersed families and increasing female labour market participation), which call for a combination of investments in appropriate long-term care services and practical measures that allow carers to maintain an active professional life. It needs to be borne in mind that 80 % of all care provided across the EU is provided by (unpaid) informal carers (75% of these carers are women).
Amendment 104 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union. Current demographic developments, lead to increasing care needs due to the ageing of society on the one hand and the diminishing informal care potential on the other (due to smaller and more dispersed families and increasing female labour market participation). This requires a combination of investments in appropriate long-term care services and practical measures such as care leave and respite care that allows carers to maintain an active professional life.
Amendment 105 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union. This Directive should not undermine successful parental leave models in the Member States, however.
Amendment 106 #
Proposal for a directive Recital 11 (11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equ
Amendment 107 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts
Amendment 108 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships, including self-employed persons. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship
Amendment 109 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships, including atypical contracts. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 110 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts
Amendment 111 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 112 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. This Directive should also apply in legal relationships which, in accordance with the national law or judicial practice of the Member States, fulfil the characteristics of dependent employment and are therefore deemed to be employment relationships (in particular, in cases of self-employment).
Amendment 113 #
Proposal for a directive Recital 12 (12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. To support entrepreneurship and take into account new forms of work, this Directive also applies to self-employed workers.
Amendment 114 #
Proposal for a directive Recital 12 a (new) Amendment 115 #
Proposal for a directive Recital 12 b (new) (12b) Union legislation ensures the principle of equal treatment between various types of employment relationships, prohibits any direct or indirect discrimination based on sex in matters of employment, occupation, social protection and access to goods and services, ensures portability and preservation of rights in case of mobility between Member States and guarantees minimum requirements for the acquisition and preservation of supplementary pension rights across borders, as well as minimum requirements in terms of transparency of occupational schemes.
Amendment 116 #
Proposal for a directive Recital 12 c (new) (12c) As labour markets evolve, social protection systems need to evolve too, to ensure that the European social model is future-proof and that it enables Union societies and economies to make the most of the future world of work. However, in most Member States, the rules governing contributions and entitlements of social protection schemes are still largely based on full-time open-ended contracts between a worker and a single employer while other groups of workers and the self-employed have been more marginally covered. Evidence shows that some non- standard workers and some self-employed have insufficient access to the branches of social protection which are more closely related to the labour market status or type of employment relationship. Social protection rights are not always preserved and transferred when individuals are transiting between different labour market statuses, for instance going from employment to self-employment or unemployment, combining salaried employment and self-employment, starting or closing down a business.
Amendment 117 #
Proposal for a directive Recital 12 d (new) (12d) In the long run, the gaps in access to social protection may put at risk the welfare and health of individuals, contribute to increasing economic uncertainty, poverty risk and inequalities, and may also lead to suboptimal investment in human capital, reduce trust in institutions and limit inclusive economic growth. Therefore, the self- employed should come within the scope of this Directive.
Amendment 118 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken within the first year of a child’s life, preferably on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year.
Amendment 119 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers
Amendment 120 #
Proposal for a directive Recital 13 (13) In order to e
Amendment 121 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 122 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 123 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers or an equal second parent as defined in national law to be taken on the occasion of the birth of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 124 #
Proposal for a directive Recital 13 (13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law. The work involved in caring for one’s own children at home should be acknowledged to a much greater degree than hitherto.
Amendment 125 #
Proposal for a directive Recital 13 a (new) (13a) Fathers’ rights should not be recognised and strengthened at the expense of mothers’ rights, through either the withdrawal or the weakening of them. Parents should be encouraged to share family responsibilities with a view to dividing them in a balanced and fair manner. For that to be achieved, mothers’ rights and fathers’ rights must be enshrined separately so that they can exercise them in a complementary manner, free of the inequality that working and social conditions force on them, paving the way for dynamic social progress towards real equality between women and men in this as in other areas of life in society.
Amendment 126 #
Proposal for a directive Recital 13 a (new) (13a) Member States should take specific measures whereby all benefits under this Directive will be applicable when parents are making a lengthy stay abroad in order to complete an international adoption procedure.
Amendment 127 #
Proposal for a directive Recital 13 b (new) (13b) The free decision of the woman and the couple regarding how to share parental leave must take into account not only the socio-economic and cultural elements of parenthood but also the biological elements, given the need to guarantee women the support and care necessary during pregnancy, childbirth and the postnatal and breastfeeding periods.
Amendment 128 #
Proposal for a directive Recital 14 (14)
Amendment 129 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU,
Amendment 130 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not
Amendment 131 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least
Amendment 132 #
Proposal for a directive Recital 14 (14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other. Ensuring that some parental leave is exclusively available for men prompts fathers to take it, thus promoting fatherhood, especially if the father’s partner is not on leave at the same time. It also promotes and facilitates mothers’ reintegration to work after maternity and parental leave. Creating conditions for a more balanced distribution of the responsibilities of care between both parents certainly contributes to an increase in the participation of men and women in employment.1a __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union
Amendment 133 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave
Amendment 134 #
Proposal for a directive 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
Amendment 135 #
Proposal for a directive 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
Amendment 136 #
Proposal for a directive 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 t
Amendment 137 #
Proposal for a directive 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 twelve years old. Member States should be able to specify
Amendment 138 #
Proposal for a directive 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
Amendment 139 #
Proposal for a directive Recital 15 (15) In order to
Amendment 140 #
Proposal for a directive Recital 15 (15) In order to
Amendment 141 #
Proposal for a directive 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 twelve 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, taking into account the specific conditions in micro, small- and medium- size businesses. 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
Amendment 142 #
Proposal for a directive 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 twelve 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
Amendment 143 #
Proposal for a directive Recital 15 (15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to
Amendment 144 #
Proposal for a directive 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 twelve 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, 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
Amendment 145 #
Proposal for a directive 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 twelve 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, 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
Amendment 146 #
Proposal for a directive 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 twelve 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, 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
Amendment 147 #
Proposal for a directive 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 twelve 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
Amendment 148 #
Proposal for a directive 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 twelve 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, taking into particular account the requirements of micro, small, and medium-sized enterprises. 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
Amendment 149 #
Proposal for a directive 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
Amendment 150 #
Proposal for a directive 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
Amendment 151 #
Proposal for a directive 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 t
Amendment 152 #
Proposal for a directive 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
Amendment 153 #
Proposal for a directive Recital 15 a (new) Amendment 154 #
Proposal for a directive Recital 16 Amendment 155 #
Proposal for a directive Recital 16 Amendment 156 #
Proposal for a directive Recital 16 (16) In order to
Amendment 157 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers
Amendment 158 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and employers
Amendment 159 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and employers should
Amendment 160 #
Proposal for a directive 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 161 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental or carers' leave, workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, such as training or retraining to be decided between the parties concerned, taking into account national law, collective agreements and practice
Amendment 162 #
Proposal for a directive Recital 16 (16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to maintain a reasonable level of 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.
Amendment 163 #
Proposal for a directive Recital 17 (17) In order to
Amendment 164 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women
Amendment 165 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women car
Amendment 166 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for women and
Amendment 167 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for women and
Amendment 168 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a
Amendment 169 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force
Amendment 170 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. To
Amendment 171 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a
Amendment 172 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a
Amendment 173 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a
Amendment 174 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women car
Amendment 175 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. The Union should encourage Member States to adopt a more extensive interpretation of “relative” for the purpose of carer’s leave than that set forth in this Directive, without prejudice to the exclusive competence of Member States to define the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 176 #
Proposal for a directive Recital 17 (17) In order to provide greater opportunities to remain in the work
Amendment 177 #
Proposal for a directive Recital 17 a (new) (17a) In order to better protect those workers taking breaks from employment to provide informal care, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension right;
Amendment 178 #
Proposal for a directive Recital 17 a (new) (17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.
Amendment 179 #
Proposal for a directive Recital 18 (18) In addition to the right to
Amendment 180 #
Proposal for a directive Recital 18 (18) In addition to the right to
Amendment 181 #
Proposal for a directive Recital 18 a (new) (18a) Member States should encourage subsidised home care arrangements by supporting ‘independent living’ projects which give persons requiring assistance the option of seeking help from qualified professionals; both men and women would thus be able to combine their working lives more easily with caring for elderly relatives, or for those who have a disability and/or are in need of support.
Amendment 182 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The existence and level of
Amendment 183 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave.
Amendment 184 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave.
Amendment 185 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance, whi
Amendment 186 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be
Amendment 187 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance sh
Amendment 188 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to
Amendment 189 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to a payment or an adequate allowance while on leave. The level of the payment or the allowance should be at least equivalent to
Amendment 19 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,
Amendment 190 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be
Amendment 191 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to a
Amendment 192 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to
Amendment 193 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The existence and level of an allowance is to be determined at Member States level, while taking into account national frameworks already in place. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 194 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave or, where no sick leave is applicable, to at least 75% of the carer’s gross income. Member States should take into account the importance of the continuity of the entitlements to social security, including pension and healthcare.
Amendment 195 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be defined by the Member State and should be at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 196 #
Proposal for a directive Recital 19 (19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be
Amendment 197 #
Proposal for a directive Recital 19 a (new) (19a) Member States should give special attention to single parents who face particular challenges in terms of work-life balance and need specific support. This Directive should allow for separate provisions regarding leave and flexible working arrangements for single parents.
Amendment 198 #
Proposal for a directive Recital 20 (20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract
Amendment 199 #
Proposal for a directive Recital 20 (20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract or employment relationship for the period of parental leave. In accordance with the case-law of the Court of Justice of the European Union, the employment relationship between the worker and his employer is therefore maintained during the period of leave and, as a result, the beneficiary of such leave, remains, during that period, a worker for the purposes of Union law. When defining the status of employment contract or employment relationship during the period of the leaves covered by this Directive,
Amendment 20 #
Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and
Amendment 200 #
Proposal for a directive Recital 20 a (new) (20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.
Amendment 201 #
Proposal for a directive Recital 21 (21) In order to encourage working parents
Amendment 202 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to a
Amendment 203 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The
Amendment 204 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be
Amendment 205 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request
Amendment 206 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children or taking care of other dependants with a chronic care need, long periods of reduced working
Amendment 207 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules,
Amendment 208 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work
Amendment 209 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should
Amendment 21 #
Proposal for a directive Recital 1 (1) Article 153(1)(i) of the Treaty on the Functioning of the European Union enables the Union to support and complement the activities of the Member States, in the field of equ
Amendment 210 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work
Amendment 211 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be
Amendment 212 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore
Amendment 213 #
Proposal for a directive Recital 21 (21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of
Amendment 214 #
Proposal for a directive Recital 21 a (new) (21a) Member States should provide working parents with suitable childcare facilities and services that are of high quality and affordable for all income groups.
Amendment 215 #
Proposal for a directive 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
Amendment 216 #
Proposal for a directive Recital 22 a (new) (22a) Council Directive 2010/18/EC of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC provides the baseline reference for any actions by the Member States or the worker in the case of parental leave.
Amendment 217 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave
Amendment 218 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request
Amendment 219 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to
Amendment 22 #
Proposal for a directive Recital 2 (2)
Amendment 220 #
Proposal for a directive Recital 23 (23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground. At the same time, in order to ensure balance between the interests of employers and workers, Member States should ensure that employers are protected against any abuse of such rights and detrimental effects for the functioning of companies, taking into account in particular the constraints of micro, small and medium-sized businesses.
Amendment 221 #
Proposal for a directive Recital 24 (24) Workers
Amendment 222 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request
Amendment 223 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave
Amendment 224 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to
Amendment 225 #
Proposal for a directive Recital 24 (24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.
Amendment 226 #
Proposal for a directive Recital 25 Amendment 227 #
Proposal for a directive Recital 25 Amendment 228 #
Proposal for a directive Recital 25 Amendment 229 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6
Amendment 23 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union
Amendment 230 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6
Amendment 231 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request
Amendment 232 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request
Amendment 233 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to
Amendment 234 #
Proposal for a directive Recital 25 (25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to
Amendment 235 #
Proposal for a directive Recital 26 (26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function.
Amendment 236 #
Proposal for a directive Recital 26 (26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.
Amendment 237 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided
Amendment 238 #
Proposal for a directive Recital 27 (27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.
Amendment 239 #
Proposal for a directive Recital 27 a (new) (27a) Local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare (including the different types of child minding), care for the elderly and people with disabilities, education and social services or employment, as well as social integration and employability, should be involved in the implementation of the proposed measures. Moreover, local and regional authorities should promote best practices and mutual learning on work-life balance measures.
Amendment 24 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims and according to Article 8 of the Treaty on the Functioning of the European Union equality between women and men should be promoted in all activities of the European Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 240 #
Proposal for a directive Recital 27 a (new) (27a) Equally, local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare, care for the elderly and people with disabilities, education and social services or employment, as well as social integration, should be involved in the reflection process and in the implementation of the proposed measures. Moreover, local and regional authorities should also promote best practices and mutual learning on how to best foster a work-life balance.
Amendment 241 #
Proposal for a directive Recital 27 a (new) (27a) Civil society, including equality bodies should have a role in the effective application of gender equality laws and provisions in employment relations with a view to ensuring equal treatment; Member States should improve social dialogue and the exchange of experience and best practice among all relevant stakeholders.
Amendment 242 #
Proposal for a directive Recital 27 a (new) (27a) In order to enhance the adoption of work-life balance measures, Member States should promote voluntary certification systems assessing the performance of public and private organisations. The implementation of the certification systems should be fostered through incentive measures.
Amendment 243 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions.
Amendment 244 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus
Amendment 245 #
Proposal for a directive Recital 28 (28) This Directive lays down minimum requirements, thus
Amendment 246 #
Proposal for a directive Recital 29 (29) In particular, nothing in this Directive should be interpreted as diminishing previously existing rights under Directive 2010/18/EU and Directive 2006/54/EC, including its Article 19.
Amendment 247 #
Proposal for a directive Recital 29 a (new) (29a) Five years after the entry into force of the non-binding guidelines concerned, the progress at Member State level should be reviewed. Should it become clear that insufficient progress has been made in the Member States, these non-binding guidelines should then be transformed into binding guidelines.
Amendment 248 #
Proposal for a directive Recital 29 a (new) (29a) No further EU regulation, including regulations resulting from country-specific recommendations or macroeconomic conditionalities, should encourage the removal in any Member State of existing and acquired rights which fall within the scope of this Directive.
Amendment 249 #
Proposal for a directive Recital 30 Amendment 25 #
Proposal for a directive Recital 2 (2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equ
Amendment 250 #
Proposal for a directive Recital 30 (30)
Amendment 251 #
Proposal for a directive Recital 30 (30)
Amendment 252 #
Proposal for a directive 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 regularly 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
Amendment 253 #
Proposal for a directive 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 thoroughly in advance and to monitor the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- and small enterprises and for administrative burden.
Amendment 254 #
Proposal for a directive Recital 30 (30) This Directive should avoid imposing unjustified 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
Amendment 255 #
Proposal for a directive Recital 30 (30) This Directive should avoid imposing unjustified 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
Amendment 256 #
Proposal for a directive Recital 30 (30) This Directive should
Amendment 257 #
Proposal for a directive Recital 30 (30)
Amendment 258 #
Proposal for a directive 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
Amendment 259 #
Proposal for a directive Recital 30 a (new) (30a) 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. Corrective measures, including possible compensatory measures, also financed with European funds, will be proposed by the Commission through active measures falling under European social policies to ensure that SMEs are not disproportionately affected and particular attention is given to micro-enterprises.
Amendment 26 #
Proposal for a directive Recital 2 a (new) (2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.
Amendment 260 #
Proposal for a directive Recital 30 a (new) (30a) With a view to ensuring that this Directive enters into force smoothly and without major financial impact in the individual Member States, the provisions on the unpaid part of parental leave must be phased in gradually.
Amendment 261 #
Proposal for a directive Recital 30 a (new) (30a) Member States should provide for tax relief and/or incentives to help micro, small, and medium-sized enterprises comply with the terms of this Directive.
Amendment 262 #
Proposal for a directive Recital 32 a (new) (32a) Member States should take the measures required to ensure that enough places are available in high-quality, accessible and affordable childcare facilities so that the requirements of this Directive can feasibly be met. In that connection, Member States should support and develop existing models, such as social farming.
Amendment 27 #
Proposal for a directive Recital 2 a (new) (2a) Articles 7 and 9 of the Charter of Fundamental Rights of the European Union provide for respect for private and family life and the right to marry and found a family.
Amendment 28 #
Proposal for a directive 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 29 #
Proposal for a directive Recital 3 a (new) (3a) Release from employment in order to act as a carer is not the same thing as a holiday; providing care is work. Terms such as ‘maternity leave’, ‘paternity leave’, ‘parental leave’ or ‘carer’s leave’ are therefore misleading and should be rejected. The uniform use of the term ‘release’ would therefore make more sense.
Amendment 30 #
Proposal for a directive Recital 4 (4) All EU Member States are party to the United Nations' Convention on the Rights of People with Disabilities and more generally have to promote and protect all fundamental rights enshrined in the Universal Declaration of Human Rights. Furthermore, point (x) of the Preamble to the Convention underlines the conviction that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities. The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
Amendment 31 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 32 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 33 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article
Amendment 34 #
Proposal for a directive Recital 4 (4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities.
Amendment 35 #
Proposal for a directive Recital 4 a (new) (4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 36 #
Proposal for a directive Recital 4 a (new) (4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 37 #
Proposal for a directive Recital 4 a (new) (4a) Family- and child-friendliness are proven key factors in the global competition for skilled workers and employees. The EU, as an internal market and regional economic power, must take due account of this. Family-friendliness must therefore be a cross-cutting objective in all policy areas and be given practical expression in a European family strategy and under the Pillar of Social Rights.
Amendment 38 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of
Amendment 39 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and p
Amendment 40 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of
Amendment 41 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equ
Amendment 42 #
Proposal for a directive Recital 5 (5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings and pay. Such policies should take into account demographic changes including the effects of an ageing population and its impact on care responsibilities. Addressing this emerging challenge now is vital to ensure the preparedness of work-life balance policies for the future of work.
Amendment 43 #
Proposal for a directive 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 44 #
Proposal for a directive Recital 5 a (new) (5a) Policies addressing work/life balance in relation to informal carers – who currently provide 80% of all care across the EU, free of charge - are relevant and commensurate with the challenges posed by demographic changes. These will contribute to mitigating the effects of an increasing care demand on the one hand side, and the trend towards smaller and more geographically dispersed families as well as increasing number of women entering the labour market, decreasing the informal care potential on the other. The prevalence of informal care in Europe coupled with the pressure on public expenditure in some countries renders this form of support even more important in the future. It is therefore clear that informal care needs to be supported and measures that enable carers to combine care with work are indispensable in this respect.
Amendment 45 #
Proposal for a directive Recital 5 a (new) (5a) Informal carers or family carers currently provide 80% of all care across the EU, free of charge. The prevalence of informal care in Europe coupled with the pressure on public expenditure in some countries renders this form of support even more important in the future. It is therefore clear that informal care needs to be supported and measures that enable carers to combine care with work are indispensable in this respect.
Amendment 46 #
Proposal for a directive Recital 5 a (new) (5a) The demographic crisis and low birth rates in the EU are inseparable from policies that promote unemployment, job instability, disregard for and violation of maternity and paternity rights in the workplace, low salaries, deregulation and increased working hours, and the lack of a public network of social childcare facilities which guarantee access irrespective of families’ economic situations;
Amendment 47 #
Proposal for a directive Recital 5 a (new) (5a) Work-life balance policies should promote women’s participation in the labour market, closing the gender pay gap and reducing the poverty that is increasingly affecting women.
Amendment 48 #
Proposal for a directive Recital 5 b (new) (5b) For the social role of motherhood – aside from its contribution to the reversal of the low birth rate – to be recognised, a multi-sectoral response, with particular focus on economic and social issues, is necessary. Jobs with rights and which put an end to job insecurity and instability must urgently be created; wages must be increased; working time must be organised and reduced, making it possible to improve work-life balance; maternity, paternity and parental rights must be bolstered, and compliance with fundamental rights must be monitored; social benefits, particularly the family allowance, must be increased and access to them extended; a tax policy must be introduced which relieves the pressure on workers’ incomes and household consumption; a public network of crèches and childcare facilities must be set up; primary and hospital care must be stepped up, guaranteeing the right and access to sexual and reproductive health, family planning and to maternal and child health, work on infertility issues must be stepped up, and support for people with disabilities must be increased and integrated into national public, universal and free healthcare services; access to a public, free and high-quality education system must be possible, and access to affordable housing must be possible;
Amendment 49 #
Proposal for a directive Recital 6 (6) At Union level, several Directives in the fields of gender equ
Amendment 50 #
Proposal for a directive Recital 6 a (new) (6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.
Amendment 51 #
Proposal for a directive Recital 6 a (new) (6a) The European Pillar of Social Rights which was proclaimed by Member States on17th November 2017 shall deliver new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work- life Balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”
Amendment 52 #
Proposal for a directive Recital 6 a (new) (6a) Stresses that a policy promoting work-life balance cannot be uncoupled from labour regulations which protect workers’ rights, bring an end to flexible working hours and employment relations and prevent all forms of insecure employment. Also points out that increasing wages, having strong regulations and strong labour and social protection provisions in force, reducing hours, and the existence of universal public services are key to guaranteeing at least an equal relationship between time spent at work, resting and enjoying free time.
Amendment 53 #
Proposal for a directive Recital 6 a (new) (6a) The 2013 European Parliament Own Initiative Report entitled ‘Impact of the crisis on access to care for vulnerable groups’ (2013/2044) specifically calls for a Directive on Carers’ Leave.
Amendment 54 #
Proposal for a directive Recital 6 a (new) (6a) The 2013 European Parliament Own Initiative Report entitled ‘Impact of the crisis on access to care for vulnerable groups’ (2013/2044) specifically calls for a Directive on Carers’ Leave
Amendment 55 #
Proposal for a directive Recital 6 b (new) Amendment 56 #
Proposal for a directive Recital 7 (7) In line with the European Social Charter, the Additional Protocol thereto and the revised version thereof, in particular Part I, Part II, and Articles 2, 4, 16 and 27 of the latter, workers with family responsibilities should be granted equal opportunities and equal treatment, including right to workers’ rest time, which should take into account, where applicable, a common weekly day of rest recognised by tradition and custom in the country or region. Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely. Moreover, working hours are more often extended until late in the evening, workers are faced with night work, work on public holidays and Sundays without break and rest periods, which makes it difficult for workers to reconcile work with duties towards children and dependents.
Amendment 57 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having a
Amendment 58 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family
Amendment 59 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female
Amendment 60 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family
Amendment 61 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact mainly on female employment. A
Amendment 62 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities,
Amendment 63 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women
Amendment 64 #
Proposal for a directive Recital 7 (7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a particularly negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 65 #
Proposal for a directive Recital 8 (8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities.
Amendment 66 #
Proposal for a directive Recital 8 (8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of fully paid paternity and parental leave in many Member States contributes to the low take- up of such leave by fathers and therefore not only puts fathers off taking it but also fuels inequality and discrimination between men and women who, on average in the EU, are paid 16.2% less than men. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work- life balance arrangements by fathers
Amendment 67 #
Proposal for a directive 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
Amendment 68 #
Proposal for a directive Recital 8 (8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities.
Amendment 69 #
Proposal for a directive 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 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. Furthermore, Eurofound research shows that take-up rates among parents depend on many intertwined factors. Such factors include: information about the leave available; leave compensation and pay disparities; availability and flexibility of childcare facilities; prevailing family organisation models; and the extent to which workers fear isolation from the labour market when taking leave.1a __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).
Amendment 70 #
Proposal for a directive 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 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. Furthermore, the implementation of incentive-based family policies to facilitate contractual employment between individuals, whether for childcare in the home or for home- based care for dependent persons, has proven to be a crucial aspect of work-life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market.
Amendment 71 #
Proposal for a directive 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 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. Of particularly great importance are high-quality, accessible and affordable facilities for childcare and care for the elderly. They will enable both men and women to reconcile family responsibilities with a professional career.
Amendment 72 #
Proposal for a directive 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 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. Furthermore, the availability of quality, accessible, and affordable community-based services and care infrastructure has proven to be a crucial factor to work-life balance policies.
Amendment 73 #
Proposal for a directive 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 work and care. Conversely, use of work-life balance arrangements by fathers,
Amendment 74 #
Proposal for a directive 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 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. Furthermore, the availability of quality, accessible, and affordable infrastructure for the care of children and other dependants has proven to be a crucial factor for work-life balance policies that facilitate the rapid return of new mothers to, and an increasing participation of women in the labour market.
Amendment 75 #
Proposal for a directive 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 EU work-life balance policies between women and men reinforces gender differences between 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. Furthermore, the availability of high-quality, accessible and affordable childcare facilities has proven to be a crucial aspect of work-life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market.
Amendment 76 #
Proposal for a directive 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 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. Strong childcare infrastructure is particularly crucial to the integration of young parents into the labour market. Young people are already more vulnerable to exclusion from the labour market as they experience multiple barriers in transitioning into employment, including on the basis of their age.
Amendment 77 #
Proposal for a directive Recital 8 a (new) (8a) The availability of and access to affordable, adequate and quality early childhood education and care (ECEC), care for other dependent persons and high-quality social services have proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. However, there is a lack of sufficient infrastructure offering quality and accessible childcare for all income levels; for 27 % of Europeans, the poor quality of childcare makes it difficult to access these services; achieving quality services means investing in childcare workforce training; only 11 Member States have met the first Barcelona target (childcare available for at least 90 % of children between the ages of 3 and the mandatory school age) and only 10 Member States have achieved the second target (at least 33 % of children under three years). The achievement of these objectives is crucial to allow women to fully participate in employment and prioritising the investment in community- based quality, accessible and affordable childcare in the next Multiannual Financial Framework is pivotal for unlocking the situation. Moreover, funding for community –based services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 78 #
Proposal for a directive Recital 8 a (new) (8a) The availability of quality, accessible, and affordable care infrastructures – supporting childcare as well as care for other dependants – has proven to be a crucial aspect to work-life balance policies. However, the majority of EU Member States have still not yet achieved the so-called Barcelona objectives for childcare, set in 2002. The achievement of these objectives is crucial to allow women to fully participate in employment. Moreover, funding for community-based services for persons with disabilities or other support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 79 #
Proposal for a directive Recital 8 a (new) (8a) The availability of quality, accessible and affordable care infrastructures – supporting childcare as well as care for other dependants – has proved to be a crucial aspect to work-life balance policies that facilitate rapid return to work (after giving birth) and retaining work (by carers for other dependants).
Amendment 80 #
Proposal for a directive Recital 8 a (new) (8a) Member States and, where appropriate, the European Union, should take measures under the European Pact for Gender Equality (2011-2020) and its provisions on the promotion of a better work-life balance to improve the supply of adequate, affordable, high-quality childcare services for children under the mandatory school age in line with the objectives set at the European Council in Barcelona in March 2002. Commission Recommendation 2013/112/EU[21] “Investing in children: breaking the cycle of disadvantage” also stresses the need to improve access to sufficient resources and to achieve the Barcelona objectives on childcare facilities for young children. At the same time, work-life balance and gender equality need to be complemented by investment in quality long-term care and diversification of services in this area.
Amendment 81 #
Proposal for a directive Recital 8 a (new) (8a) For work-life balance and gender equality in the provision of care and access to the labour market to be achieved, Council Directive 92/85/EEC must be updated. The European Parliament has already expressed its position on that matter and the EU should give priority to revising that Directive. Proposals which should be considered with a view to protecting motherhood and acting in the best interests of the child include: increasing the maternity leave period (in line with the WHO’s recommendation that during the first six months of their lives, children should be breastfed only), increasing obligatory maternity leave, payment in full of salaries during leave and creating leave specifically for parents of premature or hospitalised newborns.
Amendment 82 #
Proposal for a directive Recital 8 a (new) (8a) With a view to sharing family responsibilities more fairly between men and women, progress must be made towards ensuring parental leave is realistic, financially sustainable and, above all, also taken by men. To that end, leave must be non-transferable and more focused on proving a high level of income rather than a particularly long duration of paid leave, thus avoiding any possible indirect discrimination against women.
Amendment 83 #
Proposal for a directive Recital 8 a (new) (8a) Paternity and parental leave arrangements are an essential part of the efforts to achieve a work-life balance, but accessible and affordable childcare, fiscal measures and other relevant national policy measures for which the Member States are responsible are also key to promoting the balance between work and life and increasing the employment rate of women and the economic independence of women in particular.
Amendment 84 #
Proposal for a directive Recital 8 a (new) (8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A recast of Directives related to maternity, paternity and parental leave in case of birth or adoption remains crucial to workers’ achieving work-life balance, equal access to the labour market and co-responsibility between men and women in caring.
Amendment 85 #
Proposal for a directive Recital 8 a (new) (8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women's and men's caring responsibilities and access to the labour market.
Amendment 86 #
Proposal for a directive Recital 8 b (new) (8b) A minimum level of paid leave arrangements and options applicable in all Member States will indeed contribute to flexible working and help to create a fair and level-playing field, but ignores the big differences between Member States, the importance of the mix of measures at national level in this area and the fact that social policy is primarily a competence of the Member States themselves, while the EU plays a complementary and supporting role in it.
Amendment 87 #
Proposal for a directive Recital 8 b (new) (8b) The availability of and access to high-quality, adequate and public early childhood education and care for other dependent persons and high-quality social services has proven to be a crucial aspect to work-life balance policies and allow women to fully participate in employment. However there is currently a lack of sufficient infrastructure offering quality and accessible public childcare for all. Investment in community-based, high- quality, accessible and public care should therefore be a priority. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care professional workers, including decent pay and the recognition of these workers’ status.
Amendment 88 #
Proposal for a directive Recital 8 b (new) (8b) In order to improve work-life balance, discriminatory practices such as the persistent gender pay gap should be tackled as to eventually ensure greater equity in the labour market. Member States together with the social partners and relevant stakeholders should include gender equality education in their curricula in compulsory and pre-school education and to continue with public authorities’ efforts to provide information and raise awareness. Policies on equal treatment should aim at addressing the issue of stereotypes in both male and female occupations and roles and social partners should act upon their key role in informing both workers and employers and in raising their awareness about tackling discrimination.
Amendment 89 #
Proposal for a directive Recital 8 b (new) (8b) In its conclusions in Barcelona 2002, the European Council decided to set targets for the availability of childcare facilities. Member States agreed to provide, by 2010, childcare for at least 90 % of children between the age of three and the mandatory school age and for at least 33 % of children under the age of three. Those objectives have still not been achieved by the majority of the Member States.
Amendment 90 #
Proposal for a directive Recital 8 c (new) (8c) Access to and availability of high- quality, accessible, and affordable early childhood education, and care services for the elderly and dependents, has proven to be a crucial aspect of work-life balance policies and is necessary to allow women to fully participate in employment. However, there is currently a lack of sufficient infrastructure offering quality and accessible care to workers of all income levels. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care workers, including decent pay and the recognition of care workers’ status and the development of high-quality vocational training pathways for care workers and the development of high- quality training. Investment in community-based, high-quality, accessible and affordable care should therefore be a priority in the next Multiannual Financial Framework.
Amendment 91 #
Proposal for a directive Recital 8 c (new) (8c) To better assess the impact of the underlying and other related legislation, relevant data such as the number of working hours, pay, position, including a breakdown by gender and age should be collected and published at local, regional and national level in order to document intersectional discrimination and shape policies in a targeted and resource- efficient way. The European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) and the European Centre for the Development of Vocational Training (Cedefop) together with national and regional equality bodies should continuously update work-life balance indicators to ensure data is relevant and timely.
Amendment 92 #
Proposal for a directive Recital 8 c (new) (8c) The sensitivity surrounding the issue of subsidiarity lies in particular in the search for a balance between the desire to establish decent and fair minimum standards in Europe, in particular when it comes to leave arrangements, and the fact that these issues do not involve cross-border problems, that it would not be true to say that they can only be resolved at EU level, and that the social domain is in principle a matter for the Member States.
Amendment 93 #
Proposal for a directive Recital 8 c (new) (8c) Investing in community–based public services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 94 #
Proposal for a directive Recital 8 d (new) (8d) A disproportionately high tax burden on the second earner in most Member States remains a significant disincentive to the participation of women in the labour market. The identification and removal of all obstacles resulting from gender-biased tax benefit systems is essential to promote women to fully participate in employment and to promote the equal share of reproductive work and care responsibilities.
Amendment 95 #
Proposal for a directive Recital 8 d (new) (8d) In order to build a socially and economically sustainable society, the responsibility for a suitable work-life balance should be shared among workers, families, the social partners, local and regional authorities and all public and private employers and service providers.
Amendment 96 #
Proposal for a directive Recital 9 (9) The Commission has undertaken a two-stage consultation with the social partners on the challenges related to work- life balance, in line with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among social partners to enter into negotiations on those matters, including on the parental leave.
Amendment 97 #
Proposal for a directive Recital 9 a (new) (9a) Social partners should be constantly encouraged by Member States to continue their active work on ways to facilitate reconciliation of work, private and family life and improve gender equality and equal treatment in the labour market through education, adult learning, raising awareness and information campaigns.
Amendment 98 #
Proposal for a directive Recital 9 a (new) (9a) Member States should also provide protection for those categories of workers who practise a profession or are self- employed or entrepreneurs.
Amendment 99 #
Proposal for a directive Recital 10 a (new) (10a) This Directive acknowledges the exceptional work done by mothers and fathers in raising their children and regards that work as a vital long-term contribution to society.
source: 619.262
2018/04/25
EMPL
417 amendments...
Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down minimum requirements designed to achieve equ
Amendment 264 #
Proposal for a directive Article 1 – paragraph 2 Amendment 265 #
Proposal for a directive Article 1 – paragraph 2 – point a a) paternity leave, parental leave and
Amendment 266 #
Proposal for a directive Article 1 – paragraph 2 – point a a) maternity leave, paternity leave, parental leave and carers' leave;
Amendment 267 #
Proposal for a directive Article 1 – paragraph 2 – point b (b)
Amendment 268 #
Proposal for a directive Article 1 – paragraph 2 – point b b)
Amendment 269 #
Proposal for a directive Article 1 – paragraph 2 – point b (b) employee-oriented flexible working arrangements for working parents and carers.
Amendment 270 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all
Amendment 271 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract
Amendment 272 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.
Amendment 273 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers,
Amendment 274 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 275 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 276 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or an employment relationship, according to the criteria established by the Court of Justice of the European Union for determining the status of a worker and to the self-employed.
Amendment 277 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship
Amendment 278 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State.
Amendment 279 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 280 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 281 #
Proposal for a directive Article 2 – paragraph 1 This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 282 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid and mandatory leave from work for fathers
Amendment 283 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means
Amendment 284 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers
Amendment 285 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 286 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 287 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 288 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers or the persons legally recognised as such to be taken on the occasion of the birth of a child;
Amendment 289 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) "paternity leave" means paid leave from work for fathers to be taken on the
Amendment 290 #
Proposal for a directive Article 3 – paragraph 1 – point a a) “paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth of a child;
Amendment 291 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) “paternity leave” means paid leave from work for fathers to be taken on the occasion of the birth of a child;
Amendment 292 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) ‘paternity leave’ means leave from work for fathers or an equivalent second parent as defined in national law to be taken on the
Amendment 293 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (aa) “maternity leave” means paid leave from work for mothers to be taken on the occasion of the birth of a child;
Amendment 294 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means leave from work on the grounds of the birth
Amendment 295 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means leave from
Amendment 296 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means fully paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 297 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 298 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 299 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 300 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 301 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 302 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 303 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 304 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 305 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, hospitalization, surgical intervention without hospitalization, disability, mental health or age related problem;
Amendment 306 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, disability, mental health or age related problem;
Amendment 307 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) "carers leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious illness or a serious disability";
Amendment 308 #
Proposal for a directive Article 3 – paragraph 1 – point b a (new) (ba) ‘carers’ leave’ means time-limited leave from work for carers in order to provide personal care or support to a relative in need of care or support owing to a serious medical condition;
Amendment 309 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "informal carer" means a worker informally providing personal care or support in case of a
Amendment 310 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 311 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 312 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 313 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support in case of a serious
Amendment 314 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a relative or, in accordance with national law, a worker not directly belonging to the family who provides such care on a non- profit basis, upon written request of the person being cared for;
Amendment 315 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 316 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 317 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer" means a worker providing personal care or support
Amendment 318 #
Proposal for a directive Article 3 – paragraph 1 – point c (c)
Amendment 319 #
Proposal for a directive Article 3 – paragraph 1 – point c (c)
Amendment 320 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 321 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) ‘carer’ means a worker providing personal care or support
Amendment 322 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 323 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) "carer" means a worker providing personal care or support
Amendment 324 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) “carer" means a worker providing personal care or support to a relative in case of a serious illness, disability or dependency
Amendment 325 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) “carers' leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker's immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.
Amendment 326 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) “carers’ leave” means leave from work for a carer on the grounds of the need to provide care to someone with a serious illness, disability, or dependency or care need, outside a professional or formal framework.
Amendment 327 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) "carers’ leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious disability or a mental or physical health condition;
Amendment 328 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (ca) "carers' leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious medical reason;
Amendment 329 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means at least a worker's first-degree relatives (son, daughter, mother, father, s
Amendment 330 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means at least a worker's first-degree relative (son,
Amendment 331 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means
Amendment 332 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative" means a worker's next of kin (son, daughter, mother, father
Amendment 333 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means a worker's first- degree relatives (son, daughter, mother, father, sibling), and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law, step- and foster children, both in the own and in the spouse’s or partner’s family;
Amendment 334 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means a worker's son,
Amendment 335 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) “relative” means a worker’s son, daughter, adopted child, mother, father,
Amendment 336 #
Proposal for a directive 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 337 #
Proposal for a directive Article 3 – paragraph 1 – point d (d) "relative" means a worker's son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law, and grandparents;
Amendment 338 #
Proposal for a directive Article 3 – paragraph 1 – point d (d)
Amendment 339 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) “designated third party” means a worker to whom a parent transfers their entitlement to leave;
Amendment 340 #
Proposal for a directive Article 3 – paragraph 1 – point d a (new) (da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive;
Amendment 341 #
Proposal for a directive Article 3 – paragraph 1 – point d b (new) (db) “personal care and support” means personalised assistance, care or support informally performed by a worker to an individual with dependency, disability, age impairment, mental illness or other physical, health and/or mental conditions that do not allow the person to participate fully in society;
Amendment 342 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 343 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 344 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 345 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 346 #
Proposal for a directive Article 3 – paragraph 1 – point e Amendment 347 #
Proposal for a directive Article 3 – paragraph 1 – point e (e)
Amendment 348 #
Proposal for a directive Article 3 – paragraph 1 – point e (e)
Amendment 349 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) "dependency" means a situation in which a person is, temporarily or permanently, in need of care and / or assistance due to disability
Amendment 350 #
Proposal for a directive Article 3 – paragraph 1 – point e (e)
Amendment 351 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) “dependency
Amendment 352 #
Proposal for a directive Article 3 – paragraph 1 – point e (e) "
Amendment 353 #
Proposal for a directive Article 3 – paragraph 1 – point e a (new) Amendment 354 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “
Amendment 355 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through
Amendment 356 #
Proposal for a directive Article 3 – paragraph 1 – point f (f)
Amendment 357 #
Proposal for a directive Article 3 – paragraph 1 – point f Amendment 358 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “flexible working arrangements” means the possibility
Amendment 359 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) “flexible working arrangements” means the possibility for workers after discussions with their employer to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 360 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) “carers’ leave” means care providers may take time off work to provide personal care or support to a relative who needs care or support owing to a serious disability or a serious mental or physical health condition;
Amendment 361 #
Proposal for a directive Article 3 – paragraph 1 – point f a (new) (fa) "single parent" means a person who is neither married nor in a partnership as recognised by national law and who has sole parental responsibility for a child.
Amendment 362 #
Proposal for a directive Article 3 – paragraph 1 - point g a (new) (ga) "carer’s leave” means leave from work for carers in order to provide personal assistance or support to a relative with support needs due to a disability, a mental health problem or a health condition;
Amendment 363 #
Proposal for a directive Article 3 – paragraph 1 - point h a (new) (ha) “carer’s leave” means leave from work for carers in order to provide personal assistance or support to a relative with support needs due to a disability, a mental health problem or a health condition;
Amendment 364 #
Proposal for a directive Article 3 – paragraph 1 - point i a (new) (ia) “support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem or a health condition to fully participate in society;
Amendment 365 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall be encouraged to 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.
Amendment 366 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take obligatory paternity leave on the occasion of the birth of a child of at least
Amendment 367 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers
Amendment 368 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to
Amendment 369 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers have the right to take paid 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 370 #
Proposal for a directive Article 4 – paragraph 1 1. Member States, after consulting the social partners, shall take the necessary measures to ensure that fathers have the
Amendment 371 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 372 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to take mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 373 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers
Amendment 374 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers
Amendment 375 #
Proposal for a directive 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 within the first year of a child’s life, preferably on the occasion of the birth or adoption of a child.
Amendment 376 #
Proposal for a directive 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
Amendment 377 #
Proposal for a directive 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 378 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers or the persons legally recognised as such have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.
Amendment 379 #
Proposal for a directive 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, stillbirth or adoption of a child.
Amendment 380 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take the necessary measures to ensure that fathers
Amendment 381 #
Proposal for a directive 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 or adoption of a child.
Amendment 382 #
Proposal for a directive 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 or adoption.
Amendment 383 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States may make the right to paternity leave subject to a period of work qualification or a length of service qualification not exceeding one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC1a, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 1a Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43)
Amendment 384 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall consider introducing the possibility of fathers to take additional unpaid paternity leave provided that this is not excessively burdensome for the employer.
Amendment 385 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker's employment relationship and irrespective of the worker's marital or family status as defined in national law.
Amendment 386 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law but also irrespective of their length of service or the status of their employment relationship.
Amendment 387 #
Proposal for a directive Article 4 – paragraph 2 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law and irrespective of their length of service or status of their employment.
Amendment 388 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. If, after the evaluation procedure provided for by Article 18, it is apparent that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.
Amendment 389 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. The reference to ten working days in paragraph 1 shall be understood as referring to the full-time working pattern, as defined in the Member States in question. A worker's entitlement to paternity leave may be calculated proportionally to the working time in line with the worker's individual working pattern as specified in the contract of employment.
Amendment 390 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be enlarged and adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 391 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 392 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents with children with a disability or with a mental health problem.
Amendment 393 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoptive parents, parents with disabilities, parents with mental health problems, parents with children with a disability or with a mental health problem.
Amendment 394 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.
Amendment 395 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. The right to paternity leave referred in paragraph 1 shall be granted irrespective of the length of service or the status of employment of the employee.
Amendment 396 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Paternity leave shall be enshrined mutatis mutandis for same-sex families;
Amendment 397 #
Proposal for a directive Article 4 a (new) Article 4a Maternity leave Member States shall take the necessary measures to ensure that mothers have the right to take maternity leave of at least 30 working days on the occasion of the birth of a child.
Amendment 398 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall be encouraged to 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 twelve.
Amendment 399 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have
Amendment 400 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the
Amendment 401 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that every worker
Amendment 402 #
Proposal for a directive 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 twelve. Member States shall ensure that protection measures are also applied to the self-employed, professionals and entrepreneurs.
Amendment 403 #
Proposal for a directive 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 twelve. The length of parental leave shall be doubled for single parents.
Amendment 404 #
Proposal for a directive 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 twelve. Member States may increase the threshold of 12 years for children with disabilities.
Amendment 405 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers have an individual right to paid, non- transferable parental leave of at least four months to be taken alternatively by each parent before the child reaches a given age which shall be at least twelve.
Amendment 406 #
Proposal for a directive 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
Amendment 407 #
Proposal for a directive 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
Amendment 408 #
Proposal for a directive 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
Amendment 409 #
Proposal for a directive 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
Amendment 410 #
Proposal for a directive 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 t
Amendment 411 #
Proposal for a directive 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
Amendment 412 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. Single parents, as defined by national law, shall be allowed to transfer the leave period allocated to the second parent to a designated third party of their choice;
Amendment 413 #
Proposal for a directive Article 5 – paragraph 1 b (new) 1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. Parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 414 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States may specify that two months of parental leave should be taken during the first four years of the child's life.
Amendment 415 #
Proposal for a directive Article 5 – paragraph 2 Amendment 416 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States grant a longer leave period than that established in the previous paragraph and allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of individual parental leave cannot be transferred; where Member States grant parental leave longer than the four-month minimum set out in this Directive, a limited period may be transferred not only to the other parent, but also to the individuals who actually care for the child, such as grandparents who work.
Amendment 417 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 418 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 419 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least
Amendment 420 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States allow parents more parental leave than the four months in the present directive, a limited amount of it should be transferrable not only to the other parent, but also to persons effectively taking care of the child, such as working grandparents.
Amendment 421 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States provide for more than four months' parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.
Amendment 422 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Grandfather and grandmother, where transferability exists, should also have the right to benefit of this transferability;
Amendment 423 #
Proposal for a directive Article 5 – paragraph 2 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred and that the allowed transferable entitlement will be gradually reduced until the complete individualization of leaves.
Amendment 424 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific situation.
Amendment 425 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to parental leave, specifying the intended beginning and end of the period of leave. In doing so, Member States shall take into account the needs of both employers, especially micro, small and medium-sized undertakings, and workers. Member States
Amendment 426 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both
Amendment 427 #
Proposal for a directive Article 5 – paragraph 3 3. Member States, after conducting social dialogue with the related stakeholders and unions, shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 428 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall establish
Amendment 429 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular those in micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 430 #
Proposal for a directive Article 5 – paragraph 3 a (new) (3a) Member States shall take specific measures to ensure that all benefits provided for by this Directive apply when parents go abroad for a protracted period in order to complete an international adoption procedure.
Amendment 431 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Single parents, as defined in national law, shall be allowed to take up the leave period allocated to the second parent or to transfer it to a designated third party.
Amendment 432 #
Proposal for a directive Article 5 – paragraph 4 Amendment 433 #
Proposal for a directive Article 5 – paragraph 4 Amendment 434 #
Proposal for a directive Article 5 – paragraph 4 Amendment 435 #
Proposal for a directive Article 5 – paragraph 4 Amendment 436 #
Proposal for a directive Article 5 – paragraph 4 Amendment 437 #
Proposal for a directive Article 5 – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed
Amendment 438 #
Proposal for a directive Article 5 – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification
Amendment 439 #
Proposal for a directive Article 5 – paragraph 4 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term
Amendment 440 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the
Amendment 441 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In case of justified postponement of parental leave, the employer shall, where possible, offer flexible forms of parental leave pursuant to paragraph 6 of this Article.
Amendment 442 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In case of disagreement those documents should be examined by the proper instance.
Amendment 443 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. In doing so, they shall take particular account of the specific character of SMEs. Employers shall justify any postponement of parental leave
Amendment 444 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed once to postpone the granting of parental leave by a
Amendment 445 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave
Amendment 446 #
Proposal for a directive Article 5 – paragraph 5 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone once the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 447 #
Proposal for a directive Article 5 – paragraph 5 5. Member States
Amendment 448 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5a. Member States shall take the necessary measures to create a framework which incentivises the development of home childcare arrangements.
Amendment 449 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall be encouraged to take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms.
Amendment 450 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave
Amendment 451 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to
Amendment 452 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to
Amendment 453 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing within a reasonable period of time following the submission of the application. This justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreement and/or practices in force in each member states.
Amendment 454 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing. Member States shall take the necessary measures to ensure that, where such an application has been refused on grounds deemed insufficient, the worker concerned may lodge an appeal before the competent courts.
Amendment 455 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures, in relation to specific requirements associated with the types of undertakings located in the various localities, to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 456 #
Proposal for a directive Article 5 – paragraph 6 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the
Amendment 457 #
Proposal for a directive Article 5 – paragraph 6 a (new) 6a. Member States shall establish notice periods to be given by the worker to the employer when exercising the right to parental leave. Such notice shall include the beginning and the end of the period of leave. Member States shall take into consideration the interests of workers and of employers when determining the lengths of such notice periods - this will help employers in the reorganisation of work;
Amendment 458 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall
Amendment 459 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements
Amendment 460 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for
Amendment 461 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for
Amendment 462 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or long-term illness and parents of twins, which may not be set at a lower level than under this Directive.
Amendment 463 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of single parents, adoptive parents, parents having a disability and parents with children with a disability or long-term illness.
Amendment 464 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or serious and/or long-term illness.
Amendment 465 #
Proposal for a directive Article 5 – paragraph 7 7. Member States shall a
Amendment 466 #
Proposal for a directive Article 5 – paragraph 7 a (new) 7a. If, after the evaluation procedure provided for by Article 18, it is apparent, in the light of the previous paragraphs of this article, that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.
Amendment 467 #
Proposal for a directive Article 5 – paragraph 7 a (new) 7a. The right to parental leave referred in this article shall be granted irrespective of marital or family status as defined in national law with the condition of a mutual agreement between the parents.
Amendment 468 #
Proposal for a directive Article 5 – paragraph 7 b (new) 7b. The individual right to parental leave shall be granted according to marital or family status or at least upon a proof of mutual agreement between the parents.
Amendment 469 #
Proposal for a directive Article 5 – paragraph 7 c (new) 7c. In case of a proved lack of involvement of one of the parents, in the children’s education, the whole parental leave should be transferred to the involved parent to the grandparents or the stepparents.
Amendment 470 #
Proposal for a directive Article 6 – title Amendment 472 #
Proposal for a directive Article 6 – paragraph 1 Amendment 473 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to
Amendment 474 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that all workers, regardless of gender and including the self-employed, have the right to carers' leave of at least five working days per year, per worker.
Amendment 475 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least
Amendment 476 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the
Amendment 477 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days
Amendment 478 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers
Amendment 479 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 480 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition
Amendment 481 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right
Amendment 482 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of
Amendment 483 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right
Amendment 484 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to
Amendment 485 #
Proposal for a directive Article 6 – paragraph 1 Member States shall be encouraged to take the necessary measures to ensure that workers have the
Amendment 486 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition and support needs of the worker
Amendment 487 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers
Amendment 488 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative. Parents of children with special needs, single parents and parents of large families should be granted five more working days as carers' leave.
Amendment 489 #
Proposal for a directive Article 6 – paragraph 1 – point 1 (new) (1) Member States shall take the necessary measures to ensure that workers have the right to paid carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 490 #
Proposal for a directive Article 6 – paragraph 1 – point 2 (new) (2) Member States shall take the necessary measures to ensure that carers have the right to take time off from work in order to provide care that has been substantiated pursuant to the previous point.
Amendment 491 #
Proposal for a directive Article 6 – paragraph 1 a (new) If, after the evaluation procedure provided for by Article 18, it is apparent that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.
Amendment 492 #
Proposal for a directive Article 6 – paragraph 1 a (new) Member States shall adopt financial measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The financial incentives must be calculated on the basis of the worker’s reference income.
Amendment 493 #
Proposal for a directive Article 6 – paragraph 1 a (new) The information on the medical or mental condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 494 #
Proposal for a directive Article 6 – paragraph 1 a (new) The national system of a Member State which guarantees workers the right to care for relatives may be recognised as carers’ leave in accordance with paragraph 1 if the national system offers a comparable level of protection.
Amendment 495 #
Proposal for a directive Article 6 – paragraph 1 a (new) Member States shall assess the need to adapt or extend the definition of "carer" to the purpose of applying for the relevant leave, with the aim of taking into account situations of particular difficulty.
Amendment 496 #
Proposal for a directive Article 6 a (new) Article 6 a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 497 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable.
Amendment 498 #
Proposal for a directive Article 7 – paragraph 1 Member States shall be encouraged to take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 499 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable.
Amendment 500 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 501 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 502 #
Proposal for a directive Article 7 – paragraph 1 Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 503 #
Proposal for a directive Article 7 a (new) Article 7a Supplementary parental leave 1. Member States shall consider establishing supplementary parental leave, lasting no less than 3 months per parent, which enables parents to provide assistance after they have taken their parental leave to a child or adopted minor up to 12 years old. 2. Whether and how to take or share the leave shall be freely decided by the couple. 3. Member States shall lay down the conditions under which leave may be taken consecutively, for staggered periods or spread over a period longer than 3 months if taken by a parent working part- time. 4. Member States shall determine the deadlines by which workers must tell their employers that they will take the leave and provide their employers with the substantiation necessary for them to take the leave.
Amendment 504 #
Proposal for a directive Article 8 – title Amendment 505 #
Proposal for a directive Article 8 – paragraph 1 Amendment 506 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in
Amendment 507 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in
Amendment 508 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment o
Amendment 509 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to the social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance a
Amendment 510 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4
Amendment 511 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 512 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 513 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to
Amendment 514 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 515 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 516 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 517 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive
Amendment 518 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave, and shall stipulate that, if the payment or allowance is greater than that, the additional component shall be completely exempt from any taxation or levying of contributions. Member States and the social partners shall also support special arrangements to meet the operational and organisational requirements of small and medium-sized undertakings.
Amendment 519 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. With regard to self-employed workers, professionals and entrepreneurs, Member States shall make provision for adequate safeguards to provide a minimum level of support for the family unit for the period of leave.
Amendment 520 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. Member States ensure that the payment or allowance is set at a level that encourages parents to better share the entitlements.
Amendment 521 #
Proposal for a directive Article 8 – paragraph 1 In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance
Amendment 522 #
Proposal for a directive Article 8 – paragraph 1 – point 1 (new) (1) In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 3, 4 or 5 will receive a payment or an allowance at least equivalent to their pay, so as to avoid creating disincentives for having children.
Amendment 523 #
Proposal for a directive Article 8 – paragraph 1 – point a (new) (a) for the minimum period of paternity leave provided for in article 4, a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave, including any ceiling in case of sick leave set by Member States;
Amendment 524 #
Proposal for a directive Article 8.º – paragraph 1 – point 2 (new) (2) Member States shall ensure that workers exercising the rights to leave referred to in Article 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 525 #
Proposal for a directive Article 8 – paragraph 1 – point b (new) (b) for the minimum period of parental leave provided for in Article 5: (i) for non transferable portion provided in Article 5(2) an allowance at least equivalent to 65% of the remuneration until the children reaches the age of 6 years and (ii) for the transferable portion; a payment or an adequate allowance; to be defined by the Member State and/or the social partners; and
Amendment 526 #
Proposal for a directive Article 8 – paragraph 1 – point c (new) (c) for the minimum period, a payment of carer's leave provided for in Article 6, a payment or an adequate allowance, to be defined by the Member States and/or the social partners.
Amendment 527 #
Proposal for a directive Article 8 – paragraph 1 a (new) The payment or adequate allowance referred to in paragraph 1(a) and 1(b)(i) may be made subject to a separate ceiling set by the Member State, which shall not be lower than 50% of the basis remuneration in the public sector.
Amendment 528 #
Proposal for a directive Article 8 a (new) Article 8a Social Policies for the family and financial resources In order to implement European promotional policies for the well-being of the family and its members, the European Commission proposes and implements programs and positive actions together the Member States, to be financed with the support of the European funds to promote the improvement of family life and implement measures for families in companies, with particular reference to small and medium-sized enterprises.
Amendment 529 #
Proposal for a directive Article 9 – title Amendment 530 #
Proposal for a directive Article 9 – title Amendment 531 #
Proposal for a directive Article 9 – title Amendment 532 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall be encouraged to take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 533 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and
Amendment 534 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes.
Amendment 535 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age
Amendment 536 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children
Amendment 537 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least
Amendment 538 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least t
Amendment 539 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age
Amendment 540 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the
Amendment 541 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least
Amendment 542 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the
Amendment 543 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children or grandchildren up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 544 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The
Amendment 545 #
Proposal for a directive Article 9 – paragraph 1 – subparagraph 1 (new) Member States shall assess the need for arrangements necessary to make sure the application of flexible working arrangements is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with disabilities, long- terms illnesses or mental health problems.
Amendment 546 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Member States shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to flexible working arrangements, specifying the intended beginning and end of the period of exercising this right. In doing so, Member States shall take into account the needs of both employers, especially micro, small and medium-sized undertakings, and workers. Member States shall also take into account force majeure as well as the possibility for a mutual agreement on changes to the period of notice between the worker and the employer.
Amendment 547 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Flexible working arrangements mean putting in place necessary work patterns (such as flexible working hours or work patterns, harnessing technology innovations allowing remote work) that will allow the carers to look after the person they are caring for on an unplanned or regular basis while remaining active on the labour market.
Amendment 548 #
Proposal for a directive Article 9 – paragraph 1 a (new) Amendment 549 #
Proposal for a directive Article 9 – paragraph 2 Amendment 550 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal or postponement of such
Amendment 551 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraphs 1 and 3, taking into account the needs of both employers and workers.
Amendment 552 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing to requests for
Amendment 553 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify the grounds of any refusal of such a request while providing options for alternative arrangements.
Amendment 554 #
Proposal for a directive 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, in particular micro and small and medium-sized enterprises, and workers. Employers shall
Amendment 555 #
Proposal for a directive 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, in particular micro and small and medium-sized enterprises (MSMEs), and workers. Employers shall justify any refusal of such a request.
Amendment 556 #
Proposal for a directive 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, in particular in micro, small and medium-sized businesses. Employers shall justify any refusal of such a request.
Amendment 557 #
Proposal for a directive Article 9 – paragraph 2 2. Employers shall consider and respond to requests for flexible working
Amendment 558 #
Proposal for a directive 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 in writing any refusal of such a request.
Amendment 559 #
Proposal for a directive 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 560 #
Proposal for a directive 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 561 #
Proposal for a directive 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 562 #
Proposal for a directive Article 9 – paragraph 3 Amendment 563 #
Proposal for a directive Article 9 – paragraph 3 3. When
Amendment 564 #
Proposal for a directive Article 9.º – paragraph 3 3. When
Amendment 565 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when
Amendment 566 #
Proposal for a directive Article 9 – paragraph 3 3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 567 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. Member States may make the right to flexible working arrangements subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC1a, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 1a Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).
Amendment 568 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. Member States shall assess the need for arrangements needed to make sure the application of flexible working time is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with a disability, a long-term illness or mental health problems
Amendment 569 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. Member States shall assess the need for arrangements needed to make sure the application of employee-oriented adaptable worktime arrangements are adjusted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with a disability, a long-term illness or mental health problems.
Amendment 570 #
Proposal for a directive Article 9 – paragraph 3 a (new) 3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.
Amendment 571 #
Proposal for a directive Article 9 a (new) Amendment 572 #
Proposal for a directive Article 9 a (new) Article 9a Supervising children and young people Member States shall take steps to ensure that parents can supervise their children on an ad hoc basis, notably in order to learn about their progress at school, and provision shall be made for ad hoc arrangements to adjust working hours or for paid absences or leave.
Amendment 573 #
Proposal for a directive Article 10 – paragraph 1 1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4, 5, 6, 7 or
Amendment 574 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to equivalent posts on equivalent terms and conditions
Amendment 575 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at
Amendment 576 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 577 #
Proposal for a directive Article 10 – paragraph 1 1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 3, 4, 5 or 6
Amendment 578 #
Proposal for a directive Article 10 – paragraph 1 1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4
Amendment 579 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 3, 4, 5 or 6, workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 580 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that, at the end of leave referred to in Article 4
Amendment 581 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2a. Member States shall ensure that, at the end of the leave referred to in Article 5, workers can benefit, if necessary, from a reintegration plan to support their reintegration into the undertaking.
Amendment 582 #
Proposal for a directive Article 10 – paragraph 3 3.
Amendment 583 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall define the status of the employment contract
Amendment 584 #
Proposal for a directive Article 10 – paragraph 3 3.
Amendment 585 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 3, 4, 5 or 6, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.
Amendment 586 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall define the status of the employment contract or
Amendment 587 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Collective agreements Member States may allow social partners to conclude collective agreements, in accordance with national law or practice, which, while respecting the overall protection of workers and the minimum standards laid down in this Directive, establish arrangements concerning the working conditions of workers.
Amendment 588 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Member States shall define the periods of suspension of performance of the work contract, which must be treated as periods of work. Such periods of suspension of performance of the work contract could include periods of annual leave, leave days for marriage, death, etc.
Amendment 589 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 590 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 591 #
Proposal for a directive Article 10 a (new) Article 10a Collective agreements and bargaining Social partners play an important role in establishing (or improving) provisions for work life balance measures, among other parental and paternity leaves through collective agreements. Collective agreements can function as guidance or reinforcement of existing national-level policies and support the implementation of initiatives that promote gender equality in employment and work-life balance.
Amendment 592 #
Proposal for a directive Article 11 – title Amendment 593 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit
Amendment 594 #
Proposal for a directive Article 11 – paragraph 1 Member States together with the social partners shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5, 6 or
Amendment 595 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to
Amendment 596 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit
Amendment 597 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to
Amendment 598 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary
Amendment 599 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment or dismissal of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 600 #
Proposal for a directive Article 11 – paragraph 1 Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 3, 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 601 #
Proposal for a directive Article 11 – paragraph 1 a (new) 1a. Member States together with the social partners shall take the appropriate steps to ensure that reasonable, available and accessible legal advice and assistance can be obtained and is provided to those in need of it, including confidential and in-person counselling, by equality bodies or appropriate intermediaries.
Amendment 602 #
Proposal for a directive Article 12 Amendment 603 #
Proposal for a directive Article 12 Amendment 604 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal
Amendment 605 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal
Amendment 606 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the
Amendment 607 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4
Amendment 608 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the
Amendment 609 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9. Workers who exercise their right to leave shall be protected from dismissal and any preparations for dismissal on the grounds that they have applied for, or have taken, such leave or have requested working arrangements with suitable hours.
Amendment 610 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request
Amendment 611 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal
Amendment 612 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to
Amendment 613 #
Proposal for a directive Article 12 – paragraph 2 2.
Amendment 614 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6
Amendment 615 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4
Amendment 616 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have
Amendment 617 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to
Amendment 618 #
Proposal for a directive Article 12 – paragraph 2 2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 3, 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.
Amendment 619 #
Proposal for a directive Article 12 – paragraph 3 Amendment 620 #
Proposal for a directive Article 12 – paragraph 3 Amendment 621 #
Proposal for a directive Article 12 – paragraph 3 3.
Amendment 622 #
Proposal for a directive Article 12 – paragraph 3 3. Member States shall take the necessary measures to ensure that, when workers
Amendment 623 #
Proposal for a directive Article 12 – paragraph 3 a (new) 3a. When the court's or competent authority's decision considers that the dismissal was based on the grounds referred to in paragraph 2 of this article, the worker will have the right to reinstatement if he/she chooses to do so. This will be without prejudice of compensation for damages granted by national law, applicable collective agreements and/or practice.
Amendment 624 #
Proposal for a directive Article 12 – paragraph 4 Amendment 625 #
Proposal for a directive Article 12 – paragraph 5 Amendment 626 #
Proposal for a directive Article 12 – paragraph 6 Amendment 628 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 629 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties and compensation for damages applicable to breaches of 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
Amendment 630 #
Proposal for a directive Article 13 – paragraph 1 Member States shall lay down rules on penalties applicable to breaches of 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
Amendment 631 #
Proposal for a directive Article 14 – paragraph 1 Member States shall introduce measures necessary to protect workers
Amendment 632 #
Proposal for a directive Article 15 – paragraph 1 Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and workers who informally provide care
Amendment 633 #
Proposal for a directive Article 15 a (new) Article 15 a Work-life balance support bodies Member States shall designate or set up consultative bodies for workers to support them and provide personalised advice on dealing with high work pressure and on how to achieve a genuine work-life balance.
Amendment 635 #
Proposal for a directive Article 16 – paragraph 1 Amendment 636 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. The
Amendment 637 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive
Amendment 638 #
Proposal for a directive Article 16 – paragraph 1 Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, provided that such provisions are not excessively burdensome for employers, especially small and middle sized enterprises. They shall however ensure that at least
Amendment 639 #
Proposal for a directive 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
Amendment 640 #
Proposal for a directive 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
Amendment 641 #
Proposal for a directive 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) while progressively guarantee the non-transferability of leaves in accordance with the principle of individual social entitlements.
Amendment 642 #
Proposal for a directive Article 16 – paragraph 1 a (new) The implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies.
Amendment 643 #
Proposal for a directive Article 16 – paragraph 1 a (new) This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.
Amendment 644 #
Proposal for a directive Article 16 – paragraph 1 b (new) This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers.
Amendment 645 #
Proposal for a directive Article 16 – paragraph 1 c (new) This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 646 #
Proposal for a directive Article 16 a (new) Article 16a Non-regression The implementation of this Directive shall not be sufficient grounds for regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.
Amendment 647 #
Proposal for a directive Article 17 – paragraph 1 Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of
Amendment 648 #
Proposal for a directive Article 17 – paragraph 1 Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of the persons concerned throughout their territory, also through the Single Digital Gateway.
Amendment 649 #
Proposal for a directive Article 17 – paragraph 1 a (new) Member States shall assess the possibility to promote voluntary certification systems. In order to foster a broader adoption of work-life balance measures by public and private organisations, public authorities could set up incentive measures in favour of certificated organisations.
Amendment 650 #
Proposal for a directive Article 17 – paragraph 1 a (new) Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies.
Amendment 651 #
Proposal for a directive 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.
Amendment 652 #
Proposal for a directive 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.
Amendment 653 #
Proposal for a directive Article 17 a (new) Article 17 a More favourable provisions 1. The implementation of this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member states. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 654 #
Proposal for a directive Article 17 b (new) Article 17 b More favourable provisions 1. This Directive does not constitute valid grounds for reducing the level of protection already afforded to workers within Member states in any form. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 655 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by five years after the entry into force of th
Amendment 656 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by
Amendment 657 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by
Amendment 658 #
Proposal for a directive Article 18 – paragraph 1 1. At the latest, by five years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive and an evaluation of to what extent the objectives of this Directive, including the impact on the development of micro, small and medium-sized enterprises, have been achieved.
Amendment 659 #
Proposal for a directive Article 18 – paragraph 1 a (new) 1a. By three years after the date of entry into force of this Directive, the Commission shall assess the possibility to include other types of leave in this Directive, including maternity leave, leave for foster care and specific leave arrangements for persons with parental responsibility.
Amendment 660 #
Proposal for a directive Article 18 – paragraph 1 a (new) 1a. At the latest, by three years after the entry into force of this Directive, the Commission shall assess the possibility of recasting the Directives on maternity, paternity, parental and informal carer’s leave into a single European Directive providing for an equal and non- transferable parental leave entitlement for parents in case of childbirth or adoption;
Amendment 661 #
Proposal for a directive Article 18 – paragraph 2 Amendment 662 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.
Amendment 663 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.
Amendment 664 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including data, disaggregated by sex and sexual orientation, on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.
Amendment 665 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including gender-specific data on the take-up of the different types of leave set out in this Directive and their impact on micro, small and medium-sized enterprises, accompanied, if appropriate, by a legislative proposal.
Amendment 666 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including data disaggregated by gender and age on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.
Amendment 667 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal. The Commission shall also assess the need to revise Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and, if appropriate, put forward a legislative proposal.
Amendment 668 #
Proposal for a directive Article 18 – paragraph 2 2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including data, disaggregated by sex, on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.
Amendment 669 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. The report reviewing the application of the directive shall also provide impact assessments, inter alia, on the following points: - possibilities to extending the duration of care leave - possibilities to extending the definition of carers - the effect of the directive on family carers who are using the possibility for carers’ leave, who have used the possibility of requesting flexible working arrangements, and who have used none of the arrangements covered by this directive.
Amendment 670 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.
Amendment 671 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.
Amendment 672 #
Proposal for a directive Article 18 a (new) Article 18 a Non-Regression 1. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive. 2. This Directive shall be without prejudice to any more specific provisions in Union law, and in particular Union law provisions concerning equal treatment or opportunities for men and women. 3. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers. 4. The present agreement does not prejudice the right of the social partners to conclude at the appropriate level, including at European level, agreements adapting and/or complementing the provisions of this directive in a manner which will take note of the specific needs of the social partners concerned.
Amendment 673 #
Proposal for a directive Article 18 a (new) Article 18 a Non-regression 1. The implementation of this Directive shall not constitute grounds for diminishing the general level of protection already enforced to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers’ rights and leaves. 3. This Directive is without prejudice affecting any application of more favourable collective agreements that improve workers’ rights and leaves. 4. This Directive is without prejudice affecting any other rights conferred on workers by other legal acts of the Union.
Amendment 674 #
Proposal for a directive Article 18 a (new) Article 18 a Non-regression 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of more favourable collective agreements. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 675 #
Proposal for a directive Article 18 a (new) Article 18a Non-regression Article 18a 1. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this proposal. 2. The implementation of these guidelines shall not constitute valid grounds for reducing the general level of protection afforded to workers.
Amendment 676 #
Proposal for a directive Article 19 Amendment 677 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest two years after the entry into force apart from the four paid weeks of parental leave referred to in Article 8(1)(b) which shall come into force four years after publication of this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 678 #
Proposal for a directive Article 20 – paragraph 1 – subparagraph 1 The Member States shall bring into force
Amendment 679 #
Proposal for a directive Article 20 – paragraph 2 a (new) 2a. Member States may count the portion of a period of parental leave granted under national rules which goes beyond the minimum period laid down in Article 5 of this Directive towards the requirements under Article 4 of this Directive, provided that the minimum requirements concerning paternal leave laid down in this Directive have been met.
source: 620.919
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EMPL/8/09836
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| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2017-05-07Show (2) Changes | Timetravel
| committees/2/date |
2017-05-03T00:00:00
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| committees/2/rapporteur |
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2017-05-05Show (5) Changes
| activities |
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| committees |
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| links |
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| other |
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| procedure |
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