2017/0355(COD) | [ParlTrack]

Proposal for a directive
Recital 6

(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insert new rights for workers, in accordance with Article 154 of the Treaty. This did not result in any agreement among social partners to enter into negotiations on those matters. ~~However, as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, i~~It is important to take action at ~~the Union~~Member-State level in this area by modernising and adapting the current legal framework.

Amendment 102 #

Proposal for a directive
Recital 6

(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insert new rights for ~~worker~~employees, in accordance with Article 154 of the Treaty. This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is important to take action at the Union level in this area by modernising and adapting the current legal framework.

Amendment 103 #

Dennis RADTKE, Sven SCHULZE, Thomas MANN, Dieter-Lebrecht KOCH, Georges BACH, Heinz K. BECKER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER

Proposal for a directive
Recital 6

(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to ~~insert~~establish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, ~~as confirmed by~~on the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is ~~important~~essential to take action at ~~the~~ Union level in this area by ~~modernising and~~ adapting the current legal framework to new developments.

Amendment 104 #

Proposal for a directive
Recital 7

Amendment 105 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA, Ádám KÓSA

Proposal for a directive
Recital 7

Amendment 106 #

Proposal for a directive
Recital 7

Amendment 107 #

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. ~~In its case law, the Court of Justice of~~For the Epuropean Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform iposes of this Directive, the terms ‘worker’, ‘employer’ and ‘empleoyment~~ation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil~~ relationship’ should follow those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15ase law of the European Court of Justice (ECJ).

Amendment 108 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directiveits case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 109 #

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. To address the precarious position of young people in the labour market, Member States are encouraged to extend the application of this Directive to all trainees and apprentices, regardless of whether they are paid or not. This is further supported by the jurisprudence of the Court of Justice, which has established that a person performing real work in the context of a traineeships, should be regarded as a worker, even if remuneration is not provided by their employer.34a __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15. 34a Judgment of the Court (First Chamber) of 9 July 2015 Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH.

Amendment 110 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees ~~and~~, apprentices ~~could come within scope of this Directive~~, au-pairs, researchers and everyone who is factually in any other type of employment relationship should come within scope of this Directive. It should also be taken into account that digitalisation of the world of work in some sectors brings about factual subordination of the natural person performing the work. In order to support implementation of the Directive at national level, the determination of the existence of an employment relationship should be guided among others by criteria provided in the ILO Recommendation No. 198 (2006). __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 111 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteriaits case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 112 #

Liisa JAAKONSAARI, Eva KAILI

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. Additionally the ILO’s tripartite constituents adopted Recommendation 198 Employment Relationship (2006) with indicators for an employment relationship, among others subordination and/or economic dependency, primacy of facts and presumption of an employment relationship. The definition of worker in Article 2(1) isneeds to be based on these criteria developed by both ECJ and ILO. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 113 #

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. It should also be taken into account that new forms of working in the age of digitalization, for example, platform work, includes workers who are not clearly directed, but who are in a subordinate or dependent position of an employment relationship. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 114 #

Tom VANDENKENDELAERE, Jeroen LENAERS

Proposal for a directive
Recital 7

Amendment 115 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Recital 7

Amendment 116 #

Proposal for a directive
Recital 7

Amendment 117 #

Proposal for a directive
Recital 7 a (new)

(7a) The European Parliament, the Council and the Commission solemnly proclaimed the European Pillar of Social Rights in their Interinstitutional proclamation of 17 November 2017. Principle 12 of the Pillar states that 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. Social protection systems are the cornerstone of the Union social model and of a well-functioning social market economy. The key function of social protection is to protect people against the financial implications of social risks, such as illness, old age, accidents at work, or job loss, to prevent and alleviate poverty and uphold a decent standard of living. In some Member States, certain categories of workers such as workers on short part-time workers, seasonal workers, on-demand workers, platform workers and those on temporary agency contracts or traineeships are excluded from social protection schemes. Moreover, workers who do not have full- time, open-ended contracts can encounter difficulties in being effectively covered by social protection, because they may not fulfil the entitlement criteria for receiving benefits from contributions-based social protection schemes.

Amendment 118 #

Dennis RADTKE, Georges BACH, Heinz K. BECKER, Elmar BROK

Proposal for a directive
Recital 7 a (new)

(7a) In its case law, the Court of Justice has set criteria for determining the status of a worker1a so that a uniform implementation of the personal scope of this Directive should be ensured, while leaving it to national authorities and national courts to apply it to specific situations. The Court of Justice has defined a worker as a natural person who, for a certain period of time, performs services for and under the direction of another person in return for remuneration. Domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices who meet those criteria fall within the personal scope of this Directive. Moreover, the Court of Justice has held that the performance of services is to be understood as the performance of work, and that an employment relationship is to be understood as one including a degree of dependency or subordination. The Court of Justice's case-law in this regard should be taken into account in the transposition of this Directive. __________________ Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 119 #

Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER

Proposal for a directive
Recital 7 a (new)

(7a) This Directive in no way interferes with the Member States’ definitions and right to define the term “employee”. National definitions have been adapted over the years in law, collective agreements and jurisprudence, to take into account new forms of work and changes in national labour law and social security.

Amendment 120 #

Proposal for a directive
Recital 7 a (new)

(7a) The criteria for the definition of ‘worker’ as established by the Court of Justice of the EU34a should apply, without prejudice to national provisions and collective agreements already in force. __________________ 34a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85

Amendment 121 #

Proposal for a directive
Recital 7 a (new)

(7a) In line with ILO Recommendation 198, where “under direction” cannot be directly established, economic dependency should be considered the core additional criterion in assessing whether the person is a worker.

Amendment 122 #

Proposal for a directive
Recital 7 b (new)

(7b) In line with ILO Recommendation 198, the determination of the existence of an employment relationship should be based on the facts related to the actual performance of work and not on the parties’ description of the relationship - “primacy of facts”.

Amendment 123 #

Proposal for a directive
Recital 7 b (new)

(7b) Self-employed persons should not fall within the scope of this Directive as they do not meet the criteria set by the Court of Justice for determining the status of a worker.

Amendment 124 #

Proposal for a directive
Recital 7 c (new)

(7c) In line with ILO Recommendation 198, it should be automatically provided for a legal presumption that an employment relationship exists where one or more relevant indicators are present.

Amendment 125 #

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1).deleted

Amendment 126 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 8

Amendment 127 #

Proposal for a directive
Recital 8

Amendment 128 #

Eider GARDIAZABAL RUBIAL, Emilian PAVEL, Bart STAES

Proposal for a directive
Recital 8

Amendment 129 #

Proposal for a directive
Recital 8

Amendment 130 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Siôn SIMON, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 8

Amendment 131 #

Dieter-Lebrecht KOCH, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to ~~replace these derogations with a possibility for Member States not to~~abolish all derogations and apply the provisions of theis Directive to all types of work relationship ~~equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1)~~.

Amendment 132 #

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. ~~That derogation does not affect the definition of a worker as provided for in Article 2(1).~~

Amendment 133 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours during a one-week reference period. That derogation does not affect the definition of a worker as provided for in Article 2(1).

Amendment 134 #

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship ~~equal to or less than 8 hours in total in a reference period of one month~~with a total duration not exceeding a month or/ and with a working week not exceeding eight hours. That derogation does not affect the definition of a worker as provided for in Article 2(1).

Amendment 135 #

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation ~~does~~should not affect the definition of a worker a~~s provided for in Article 2(1)~~ccording to the case law of the Court of Justice.

Amendment 136 #

Michaela ŠOJDROVÁ, Ádám KÓSA, Romana TOMC

Proposal for a directive
Recital 8

(8) In view of the increasing number of ~~worker~~employees excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a ~~work~~n employment relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a ~~worker~~n employee as provided for in Article 2(1).

Amendment 137 #

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one ~~month~~week. That derogation does not affect the definition of a worker as provided for in Article 2(1).

Amendment 138 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 8 a (new)

(8a) Workers who are self-employed do not fall within the scope of this Directive because they do not have a relationship of subordination to an employer and therefore do not meet the criteria established by the Court of Justice of the European Union for the definition of ‘worker’1a. __________________ 1a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85

Amendment 139 #

Proposal for a directive
Recital 9

(9) Due to the unpredictability of on- demand work including zero-hour contracts, the derogation of 8 hours per month should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment.deleted

Amendment 140 #

Proposal for a directive
Recital 9

Amendment 141 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 9

Amendment 142 #

Proposal for a directive
Recital 9

Amendment 143 #

Proposal for a directive
Recital 9

Amendment 144 #

Eider GARDIAZABAL RUBIAL, Emilian PAVEL, Bart STAES

Proposal for a directive
Recital 9

Amendment 145 #

Proposal for a directive
Recital 9

(9) Due to the unpredictability of on- demand work ~~including~~, zero-hour contracts~~, the derogation of 8 hours per month should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment~~ should be prohibited.

Amendment 146 #

Proposal for a directive
Recital 9

(9) Due to the unpredictability of on- demand work including zero-hour contracts, the derogation of 8 hours per ~~month~~week should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment.

Amendment 147 #

Proposal for a directive
Recital 9 a (new)

(9a) Due to the unpredictability of on- demand work, particularly where zero- hour contracts are involved, in which no guaranteed amount of paid work is determined before the start of the employment, such contracts should be prohibited.

Amendment 148 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

Amendment 149 #

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

Amendment 150 #

Proposal for a directive
Recital 10

Amendment 151 #

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that in exceptional situations some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship as long as the rules of Members States clearly and in all types of employment relationships identify the responsible person, leaving no doubt for the worker or any person directly or indirectly involved in the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

Amendment 152 #

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should ~~be able to establish specific rules to exclude individuals acting as employers for domestic workers in the house~~ensure that when there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations. Member States should ~~from the~~be able to adapt the specific rules regarding obligations to consider and respond to a request for a different type of employment~~, to provide~~ and those on cost-free mandatory training, ~~and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement~~for individuals acting as employers for domestic workers in their household.

Amendment 153 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States ~~should~~must remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States ~~should~~must also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States ~~should~~must be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

Amendment 154 #

Proposal for a directive
Recital 10 a (new)

(10a) Given the growth of the platform economy and the urgent pressure to regulate the provision of services by workers to recipients through the intermediary of an Internet platform, and in the absence of the specific regulation of working conditions in this sector, it is necessary to provide tools at National and European level to ensure fair and secure working conditions for all workers and a level playing field for all types of business models.

Amendment 155 #

Javi LÓPEZ, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 10 b (new)

(10b) According to the ECJ, the activities of an au-pair display the characteristics to enable, in principle, those who perform the said activities to be workers, as au-pair work is done under the direction of another person and in exchange of remuneration for the services performed. The concept of ‘worker’ in EU law extends to a person who serves a traineeship or periods of apprenticeship in an occupation that may be regarded as practical preparation related to the actual pursuit of the occupation in question, provided that the periods are served under the conditions of genuine and effective activity as an employed person, for and under the direction of an employer.

Amendment 156 #

Proposal for a directive
Recital 11

(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which ~~workers~~every paid employee having a contract or employment relationship defined by the law in force in a Member State and/or governed by the law in force in a Member State have to be informed in writing. It is necessary to adapt that list in order to take account of developments on the labour market~~, in particular the growth of non- standard forms of employment~~.

Amendment 157 #

Proposal for a directive
Recital 11

(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that ~~list~~minimum list of essential aspects, which may be enlarged by Member States, in order to take account of developments on the labour market, in particular the growth of non- standard forms of employment.

Amendment 158 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a directive
Recital 11

(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to ~~adapt~~clarify that lthist i~~n order to take account of developments on the labour ma~~s an open minimum list and to adapt that list to the need to better protect worketrs, in particular regarding the growth of non- standard forms of employment.

Amendment 159 #

Proposal for a directive
Recital 12 a (new)

(12a) For seasonal workers in the agricultural sector, the information provided by the employer should indicate the possibility of replacing the taking of paid leave with a payment, in order to respond to the work patterns and specific constraints of that sector.

Amendment 160 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 13

(13) Information on remuneration to be provided should include but not be limited to all elements of the remuneration, as well as the method of calculation, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work, overtime payments, bonuses and other entitlements, such as sick pay. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment 161 #

Proposal for a directive
Recital 13

(13) Information on remuneration to be provided should include all elements of the remuneration, indicating accurately all elements and entitlements as well as their method of calculation where appropriate, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment 162 #

Proposal for a directive
Recital 13

(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work~~. The provision of such information should be without prejudice to the freedom for employers to provide for~~, additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment 163 #

Tom VANDENKENDELAERE

Proposal for a directive
Recital 13

(13) Information on remuneration and/or compensation to be provided should include all elements of the remuneration and/or compensation, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment 164 #

Proposal for a directive
Recital 13

(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind or other benefits, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment 165 #

Proposal for a directive
Recital 13

(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the ~~worker~~employee in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the ~~worker~~employee.

Amendment 166 #

Dennis RADTKE, Georges BACH, Heinz K. BECKER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Elmar BROK, Thomas MANN

Proposal for a directive
Recital 14

(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule ~~due to the nature of the employment, workers should know~~setting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the ~~time slots in which they may be called to work~~on-call times and the minimum advance notice they should receive.

Amendment 167 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 14

(14) If it is not possible to indicate an entirely fixed work schedule due to the nature of the employment, workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive. Work contracts without fixed, guaranteed and enumerated working hours are not permitted.

Amendment 168 #

Proposal for a directive
Recital 14

(14) If it is not possible for the employer to indicate a fixed work schedule due to the nature of the employment, ~~work~~the employers should ~~know~~inform workers how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.

Amendment 169 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a directive
Recital 14

(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers ~~should~~must know how their work schedule will be established, ~~including~~particularly the time slots in which they may be called to work and the minimum advance notice they should receive.

Amendment 170 #

Proposal for a directive
Recital 14

(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, ~~workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive~~particularly for seasonal workers in the agricultural sector, workers should be kept informed, in so far as possible, as to how their work schedule will be established.

Amendment 171 #

Proposal for a directive
Recital 14

(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, ~~worker~~employees should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.

Amendment 172 #

Proposal for a directive
Recital 14 a (new)

(14a) The advance notice period prior to a change in the distribution of hours worked by a part-time worker must not be less than 7 working days. However, the social partners may, through collective bargaining, set a period of less than 7 days but not less than 3 days, provided that the worker is compensated.

Amendment 173 #

Proposal for a directive
Recital 14 a (new)

(14a) Zero-hour and on-demand type of contracts should be prohibited. They are a danger to the worker and a damage to both society and employers respecting a level-playing field.

Amendment 174 #

Proposal for a directive
Recital 14 b (new)

(14b) In order to limit the flexibility of the work schedule, it should by all means respect the daily minimum rest of 11 hours as guaranteed in the Working Time Directive 2003/88/EC.

Amendment 175 #

Proposal for a directive
Recital 14 c (new)

(14c) In order to reduce the abuse of extreme flexibility clauses in contracts, workers should by default be entitled to be paid for the announced hours; additionally a premium rate for non- guaranteed hours is to be paid. The hours worked shall become the guaranteed hours of the worker if he/she does not object.

Amendment 176 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a directive
Recital 15

(15) Information on social security systems ~~should include, where relevant,~~to be provided should include information on the receiving social security institutions and proof of registration with the social security authorities. Where relevant, it should include information on sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre- retirement or, family benefits, or benefits in respect of accidents at work and occupational diseases. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment 177 #

Proposal for a directive
Recital 15

(15) It is essential that the employer should provide information on the social security bodies receiving social security contributions related to the employment relationship in order to prevent cases of fraud and circumvention of legislation. Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment 178 #

Proposal for a directive
Recital 15

(15) Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Based on the principle of equal treatment workers who pay the same social security contributions are entitled to receive the same benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment 179 #

Proposal for a directive
Recital 15

(15) IEmployers should provide information onabout social security ~~systems should include~~funds and proof of registration with the social security authorities and, where relevant, information on sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre- retirement or, family benefits, or benefits in respect of accidents at work and occupational diseases. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment 180 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 15

(15) Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits as well as future risks covered by updates to the Social Security Coordination Regulation 883/2004/EC. Information on social security protection provided by the employer should include~~, where relevant,~~ coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment 181 #

Proposal for a directive
Recital 15

(15) Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include~~, where relevant,~~ coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment 182 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing, in paper or electronically, at the start of employment. The basic relevant information should therefore reach them in writing at the latest ~~on the first day of the employment.~~ within three working days of the start of employment, but on the first day of the employment relationship this same information shall be provided orally. It should be possible to extend the three-day deadline for providing the basic information to a maximum of one week in exceptional circumstances, such as in the case of abnormal functioning of the human resources services of the company. The remainder of the information should be provided within a reasonable period thereafter, but in any event within 15 days of the start of employment.

Amendment 183 #

Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing, in paper or electronically, at the start of employment. The ~~relevant~~ information should therefore reach them in writing at the latest owithin the first 15 days of the employment, but, where provided orally, from the first working day. It should be possible to extend the fifteen day deadline for providing the basic information by two weeks in exceptional circumstances, such as in the case of abnormal functioning of the human resources services of the company.

Amendment 184 #

Dennis RADTKE, Georges BACH, Jeroen LENAERS, Elmar BROK

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in ~~writing~~a legally binding document, in paper or electronically, at the start of employment. The ~~relevant~~basic and essential information should ~~therefore reach them at the latest on the first day~~reach them in written form, as stated above, on the first working day. Any further information should be provided no later than 15 days after the start of the employment relationship.

Amendment 185 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The ~~relevant~~essential information ~~should therefore reach them at the latest on the first day of the employment~~referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) should reach them at the latest seven days after they start their job. The other information referred to in Article 3(2) may be communicated to them within 30 days of starting their job.

Amendment 186 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. ~~The relevant information should therefore reach them at the latest on the first day of the employment.~~

Amendment 187 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Bart STAES

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in ~~writing~~the form of a document, paper or electronic, at the start of employment. The relevant information should therefore reach them ~~at the latest on the first day~~prior to the commencement of the employment relationship.

Amendment 188 #

Proposal for a directive
Recital 16

Amendment 189 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Recital 16

Amendment 190 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on ~~the first day~~e month after the agreed start of the employment.

Amendment 191 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 16

(16) ~~Worker~~Employees should have the right to be informed about their rights and obligations resulting from the employment relationship in writing ~~at the start~~, in paper form ofr e~~mployment~~lectronically. The relevant information should therefore reach them at the latest owithin the first 15 days of the employment.

Amendment 192 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest ~~on the first day of~~before starting the employment relationship.

Amendment 193 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest ~~on the first day~~7 days after the start of the employment.

Amendment 194 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI, Ole CHRISTENSEN, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atprior to the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.

Amendment 195 #

Dennis RADTKE, Georges BACH, Jeroen LENAERS

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them ~~at the latest on~~before the first day of the employment.

Amendment 196 #

Proposal for a directive
Recital 16 a (new)

(16a) Basic and essential information should include the rights conferring legal certainty on the parties to an employment relationship as to the nature, location, time and duration, modalities, scope, performance and remuneration of their employment relationship and the conditions and periods of notice relating to the termination of the relationship and probationary periods.

Amendment 197 #

Proposal for a directive
Recital 16 a (new)

(16a) The employer has two working days from the day on which employment begins within which to communicate in writing the rights and obligations arising from the employment relationship.

Amendment 198 #

Proposal for a directive
Recital 16 b (new)

(16b) The employer must communicate this information by post in such a way as to be able to prove that the worker has received the document or, failing that, by receipted hand delivery. The notification is deemed to be effective if the worker has acknowledged receipt of the document.

Amendment 199 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES, Tom VANDENKENDELAERE

Proposal for a directive
Recital 17

Amendment 200 #

Proposal for a directive
Recital 17

(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level, developed in consultation with the social partners, including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.

Amendment 201 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 17

Amendment 202 #

Proposal for a directive
Recital 17

(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level in all EU languages, including relevant and sufficiently comprehensive information on the legal framework ~~applicable~~. These templates may be further developed at sectoral or local level, by national authorities and social partners.

Amendment 203 #

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers underInformation for posted employees should be consistent with the provisions of Directive 96/71/EC of the European Parliament and of the Council, 38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 204 #

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council38, they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. ~~Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks.~~ __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 205 #

Danuta JAZŁOWIECKA, Michaela ŠOJDROVÁ

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless the law of Member States governing the employment relationship provides otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 206 #

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries~~, such as in international road transport,~~ that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 or other sector specific regulations they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless ~~Member States~~the law of the Member State governing the employment relationship provides otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 207 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified before the commencement of the relevant assignment or in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State ~~where they will find~~and be provided in paper or electronically with the relevant information on the working conditions applying to their situation. ~~Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks.~~ __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 208 #

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. ~~Unless Member States provide otherwise, these obligations apply i~~These obligations apply to any kind of posting, without prejudice of the duration of the ~~work~~ period abroad ~~is more than four consecutive weeks~~. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 209 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 19

Amendment 210 #

Proposal for a directive
Recital 19

Amendment 211 #

Proposal for a directive
Recital 19

(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may, exceptionally, be longer than six months, where this is justified by the nature of the employment ~~such as for managerial positions and wh~~or in the context of specific measures promoting permanent employment. However, they should under no circumstances last longere th~~is is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers~~an 12 months. It should be possible to interrupt or suspend probationary periods if the employee has been absent due to a long illness or extended leave so as to enable the employee to demonstrate that his or her abilities correspond to the tasks required and to enable the employer to determine the suitability of the worker for such tasks. Under no circumstances should it be possible unilaterally to extend a probationary period.

Amendment 212 #

Proposal for a directive
Recital 19

(19) Probationary periods allow employers to verify if that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. ~~Such periods may be accompanied by reduced protection against dismissal.~~ Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young worker and therefore by no means be exceeded beyond 6 months.

Amendment 213 #

Proposal for a directive
Recital 19

(19) Probationary periods allow employers to verify that ~~worker~~employees are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Some Member States do not link employment protection to probationary periods. In such a case, it is important to allow for appropriate flexibility for an extension of a probationary period where an employer wishes to offer an extension as a 'second chance' to the employee. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the ~~worker~~employee, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young ~~workers~~people.

Amendment 214 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 19

Amendment 215 #

Proposal for a directive
Recital 19

Amendment 216 #

Proposal for a directive
Recital 19

Amendment 217 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Recital 19

Amendment 218 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a directive
Recital 19

Amendment 219 #

Proposal for a directive
Recital 19

Amendment 220 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 221 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 20

Amendment 222 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Georges BACH, Thomas MANN

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 IMember States or social partners should jointly be able to lay down conditions for incompatibility ~~clauses,~~restrictions understood as a restriction on working for specific categories of employers~~, may be necessary for objectiv~~ for legitimate reasons, such as health and safety, the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 223 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. Member States in cooperation with social partners should establish when incompatibility clauses can apply. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 224 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 as well as within other sector specific legislation regulating working time. Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 225 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council39. IMember States should be able to introduce incompatibility clauses, understood as a restriction on working for specific categories of employers, ~~may b~~if they are necessary for objective reasons, such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety at work. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 226 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them~~, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 I~~. It should be possible for Member States to lay down conditions for the use of incompatibility ~~clause~~restrictions, understood as a restrictions on working for ~~specific categories of employers, may be necessary~~other employers, for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. ~~__________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).~~

Amendment 227 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit, prevent or hinder workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 IMember States may establish incompatibility clauses, understood as a restriction on working for specific categories of employers, ~~may be necessary~~ for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 228 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit ~~worker~~employees from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 229 #

Proposal for a directive
Recital 21

(21) Workers w~~hose work schedule is mostly variable should benefit from a minimum predictabilit~~ith on-demand contracts or similar forms of employment whose work is unpredictable because the worker’s employment contract does not provide for a standard working day ofr week ork where the ~~work schedule~~volume of work is variable and is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients~~' requests~~, should benefit from a minimum level of stability and predictability at work.

Amendment 230 #

Proposal for a directive
Recital 21

(21) Workers w~~hose work schedule is mostly variable should benefit from a minimum predictability of work~~ith on-demand contracts or similar forms of employment whose work is unpredictable because their work schedule is mostly variable should, where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients~~' requests~~ or third parties, benefit from a minimum level of stability and predictability with regard to their work.

Amendment 231 #

Proposal for a directive
Recital 21

(21) Workers whose work schedule is mostly variable, or whose reference hours/days are variable, should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests.

Amendment 232 #

Proposal for a directive
Recital 21

(21) Workers whose work ~~schedule is mostly vari~~pattern is entirely or mostly unpredictable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests.

Amendment 233 #

Proposal for a directive
Recital 21

(21) ~~Worker~~Employees whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the ~~worker~~employee to respond to clients' requests.

Amendment 234 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Recital 21

(21) Workers whose work schedule is mostly variable should benefit from a ~~minimum~~n improved predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests.

Amendment 235 #

Proposal for a directive
Recital 21 a (new)

(21a) On account of particular characteristics of the sector, the provisions of this Directive concerning the predictability of work should not apply to seamen and fishermen.

Amendment 236 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 22

(22) Reference hours and days, understood as time slots where work can take place at the request of the employer, should be established in writing atbefore the start of the employment relationship.

Amendment 237 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 23

(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The reasonable length of the advance notice period may vary according to the needs of sectors, ~~while ensuring adequate protection of workers. It~~but should not be shorter than 5 working days. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 The predetermined work schedule applies without prejudice to Directive 200~~2/15~~3/88/EC of the European Parliament and ~~of the Council.40~~the Council. A worker is entitled to guaranteed paid work where he or she has been given notice of work, even if the work is cancelled. This guaranteed paid work, in case of cancellation, cannot be replaced by a different assignment. __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Amendment 238 #

Proposal for a directive
Recital 23

(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period ~~may~~can vary according to the needs of the sectors, concerned; it should also be possible to foresee that its length can be reduced due to exceptional circumstances, such as in the case of abnormal functioning of the operations of the company while ensuring the adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Amendment 239 #

Proposal for a directive
Recital 23

(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period ~~may vary according to the needs of sectors, while ensuring adequate protection of workers~~should where possible be negotiated by the responsible Social Partners and may not fall below the standards established by this directive. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Amendment 240 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Recital 23

Amendment 241 #

Proposal for a directive
Recital 23

(23) A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may ~~vary~~be longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Amendment 242 #

Proposal for a directive
Recital 23

(23) A reasonable minimum advance notice, understood as the period of time between the moment a ~~worker~~n employee is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection ~~of workers~~. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Amendment 243 #

Proposal for a directive
Recital 23 a (new)

(23a) The minimum advance notice period which employers are required to observe for the purpose of informing workers of a new work assignment must not be less than three working days.

Amendment 244 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 24

(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or ~~has not~~where the worker has been notified ~~within~~outside the minimum advance notice period without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish. It should be possible to indicate the reference hours and days, the time slots on specified days when work can take place at the employer's request, and to change the minimum notice period on an ad hoc basis as agreed between the employee and the employer. If the worker, once he or she has accepted the work assignment, is unable to complete the work because the employer delays assigning tasks to the worker, and the worker is not responsible for that delay, the worker should retain his or her right to remuneration for the work assignment.

Amendment 245 #

Proposal for a directive
Recital 24

(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal. ~~Workers should also have the possibility to accept the work assignment if they so wish.~~

Amendment 246 #

Proposal for a directive
Recital 24

(24) ~~Worker~~Employees should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal. ~~Worker~~Employees should also have the possibility to accept the work assignment if they so wish.

Amendment 247 #

Proposal for a directive
Recital 24

(24) Workers ~~should~~must have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish.

Amendment 248 #

Proposal for a directive
Recital 24 a (new)

(24a) In the spirit of Principle 5 of the European Pillar of Social Rights, it is necessary to specifically prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship such as zero- hour contracts. Member States should ensure that employers who regularly use variable work schedules and variable reference hours/days provide relevant information to competent authorities if they so request. They should ensure also that after a certain period the employment relationship, for which an average of number of hours can be considered as normal, these hours should come to constitute the minimum guaranteed number of paid hours. Member States should ensure that the employers pay a premium for non-guaranteed hours of work.

Amendment 249 #

Brando BENIFEI, Emilian PAVEL, Bart STAES

Proposal for a directive
Recital 24 a (new)

(24a) In the event of penalties being imposed due to a worker’s refusal to accept a work assignment that was not notified within the minimum advance notice period, and where the worker presents factual evidence suggesting the existence of a link between the penalty and his refusal, the burden of proof should be reversed, so that it will be the employer’s responsibility to prove that there was no such link.

Amendment 250 #

Proposal for a directive
Recital 25

(25) While new forms of employment have been a driver of job creation and labour market growth, they are more open to insecure and unpredictable working conditions. Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, including traineeships, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker. In case of refusal, the letter should include a clear and objective justification.

Amendment 251 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response duly justified from the employer, which takes into account the needs of the employer and of the worker and where any refusal is based in objective business conditions.

Amendment 252 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Georges BACH, Heinz K. BECKER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.

Amendment 253 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive, a ~~written~~s soon as possible, at least a verbal response from the employer, which takes into account the needs of the employer and of the worker.

Amendment 254 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment~~, where available,~~ and receive an explanatory written response from the employer, which takes into account the needs of the employer and of the worker and justifies the decision.

Amendment 255 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs and possibilities of the employer and of the worker.

Amendment 256 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to ~~request~~convert to another more predictable and secure form of employment, where available, and receive a written response from the employer, based on objective grounds which takes into account the needs of the ~~employer and of the~~ worker.

Amendment 257 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to ~~worker~~employees in non- standard forms of employment, a transition to more secure forms of employment should be promoted. ~~Worker~~Employees should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the ~~worker~~employee.

Amendment 258 #

Proposal for a directive
Recital 25 a (new)

(25a) If an employer rejects a request for a transfer from atypical employment to traditional employment, he must explain the objective economic reasons why he is refusing to accept the worker’s request, so that, if the worker considers that the request has been rejected for other reasons, that refusal may be the subject of an appeal during which the burden of proof to show otherwise will rest with the employer.

Amendment 259 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Georges BACH, Heinz K. BECKER

Proposal for a directive
Recital 26

(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration, unless the worker gives notice of termination shortly before the training takes place. In this case, a proportionate defrayment of costs by the worker should be regulated by law or collective bargaining.

Amendment 260 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES

Proposal for a directive
Recital 26

(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. This obligation does not cover vocational training or training required for workers to obtain, maintain or renew a professional qualification as long as the employer is not required by collective agreement to provide it to the worker.

Amendment 261 #

Proposal for a directive
Recital 26

(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment, and that such training is carried out during working hours. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The worker should continue to be entitled to receive remuneration during their training.

Amendment 262 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 26

(26) Where employers are required by legislation or collective agreements or internal rules to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally and without discrimination, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.

Amendment 263 #

Proposal for a directive
Recital 26

Amendment 264 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 26

(26) Where employeres are required by their employers, legislation or collective agreements to ~~provid~~undertake training ~~to w~~in orkders to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the ~~worker~~employee nor withheld or deducted from the ~~worker~~employee's remuneration.

Amendment 265 #

Proposal for a directive
Recital 26 a (new)

(26a) It is necessary for the social partners to be involved, to ensure the proper implementation of this Directive, because they have an important role to play in reconciling the interests and needs of employers and workers.

Amendment 266 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Georges BACH, Elmar BROK, Heinz K. BECKER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, ~~than the minimum standards set in~~in accordance with Chapter Three of this Directive. Member States should therefore ~~be able to allow~~encourage the social partners to conclude collective agreements ~~modif~~applying the provisions ~~contained in~~of that cChapter, ~~as long as~~provided that the overall level of protection of workers ~~is not lowered~~continues to be respected and that the minimum requirements laid down in this Directive are met.

Amendment 267 #

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter~~, as long as the overall level of protection of workers is not lowered~~.

Amendment 268 #

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations ~~different~~, provisions ~~are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Thre~~on minimum standards set in Chapter Three of this Directive can be adapted and/or complemented for the pursuit of the purpose of this Directive. Member States should therefore be able to allow social partners to conclude or uphold collective agreements modifying the provisions contained in ~~that c~~Chapter III, as long as the overall level of protection of workers is not lowered.

Amendment 269 #

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of ~~worker~~employees is not lowered.

Amendment 270 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, ~~than the minimum standards set in Chapter Three of~~as long as these are in full compliance with this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that ~~chapter, as long as the overall level of protection of workers is not lowered~~does not fall below the rights established by this Directive.

Amendment 271 #

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. ~~Member States should therefore be able to allow s~~Social partners tocould conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered or it is improved.

Amendment 272 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Recital 27 a (new)

(27a) Where European Social Partners in specific sectors have negotiated different provisions for the pursuit of the purpose of this Directive and such have been implemented through EU legislative measures, such agreements are to be upheld as the lex specialis for the particular sector, as long as the overall level of protection of workers is not lowered. The European Social Partners’ Agreement on the Maritime Labour Convention, 2006 (MLC)appended to Council Directive 2009/13/EC, regulates labour conditions for seafarers in a detailed way and contains requirements as to the particulars of employment that must be provided in writing to all seafarers to whom it applies. These include the content of the employment contract, many principles of protection including regulation on minimum wage, health certificates, hours of work and hours of rest, career and skill development and employment opportunities. These requirements were drawn up specifically to take account of the unique circumstances of seafaring and provide seafarers with a high level of rights. The Council Directive2009/13/EC therefore, regulating specifically labour conditions of seafarers, is applicable, as lex specialis.

Amendment 273 #

Proposal for a directive
Recital 27 a (new)

(27a) In Member States where there is a high level of organisation, both among employees and employers, and where the social partners in their capacity as representatives for workers and employers have the primary responsibility to regulate working conditions on the labour market, the social partners should have full authority regarding the possibility to conclude collective agreements. Such concluded collective agreements that regulate working conditions and give workers an overall protection can deviate from the minimum rights provided by this directive as long as the purpose of the directive is respected.

Amendment 274 #

Proposal for a directive
Recital 27 a (new)

Amendment 275 #

Proposal for a directive
Recital 27 a (new)

(27a) The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration and terms and conditions of employment and regardless of the contract type of the worker as defined by this Directive.

Amendment 276 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.

Amendment 277 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. ~~As regards~~The evaluation of Directive 91/533/EEC~~, the REFIT evaluation41~~ conducted under the Commission´s Regulatory Fitness and Performance Programme, REFIT41 , confirmed that strengthened enforcement mechanisms could improve ~~its~~the effectiveness of Union labour law. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement, which is to ensure that workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use ~~either~~ of favourable presumptions where information about the employment relationship is not provided, and/or of a~~n administrative~~ procedure under which the employer may be required to provide the missing information and may be subject to sanction if ~~it does not. That redress should be subject to a procedure by which the employer is notified~~the employer does not do so. Such favourable presumptions could include a presumption that the worker has an open- ended employment relationship, that there is no probationary period or that the worker has a full-time position, where the respective information is missing. That redress should be subject to a procedure by which the employer is notified by the worker or by a third party such as worker´s representatives or other competent entity or authority, that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.

Amendment 278 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. ~~That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41~~__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.

Amendment 279 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the ~~REFIT evaluation41~~evaluation (REFIT)41 conducted under the Commission´s Regulatory Fitness and Performance Programme confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.

Amendment 280 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer ~~may be~~is required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.

Amendment 281 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure ~~worker~~employees are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 1530 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.

Amendment 282 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use ~~either~~ of favourable presumptions where information about the employment relationship is not provided, ~~or of~~and an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and ~~has 15 days in which~~should have a set term in which the employer is to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.

Amendment 283 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use ~~either~~ of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.

Amendment 284 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 29

(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which should be applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation and ensuring that when there are more than one natural or legal person bearing directly or indirectly obligations set out in this Directive for employers, all of them are jointly and severally liable for these obligations, reflecting the Principle 7 of the European Pillar of Social Rights.

Amendment 285 #

Proposal for a directive
Recital 29

(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities~~, elements of which~~; this system should be fully applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights. It should be also urgently considered to broaden these enforcement provisions to all matters relating to working conditions.

Amendment 286 #

Proposal for a directive
Recital 29

Amendment 287 #

Proposal for a directive
Recital 30

(30) Specifically, having regard to the fundamental nature of the right to effective legal protection, ~~worker~~employees should continue to enjoy such protection even after the end of the employment relationship giving rise to an alleged breach of the ~~worker's~~employment rights under this Directive.

Amendment 288 #

Proposal for a directive
Recital 31 a (new)

(31a) The right to reinstatement and compensation of dismissed workers should be introduced.

Amendment 289 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Siôn SIMON, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 32

Amendment 290 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA, Ádám KÓSA

Proposal for a directive
Recital 32

(32) ~~Worker~~Employees exercising rights provided for in this Directive should enjoy protection from dismissal or equivalent detriment (such as an on-demand ~~worker~~employee no longer being assigned work) or any preparations for a possible dismissal, on the grounds that they sought to exercise such rights. Where ~~worker~~employees consider that they have been dismissed or have suffered equivalent detriment on those grounds, ~~worker~~employees and competent authorities should be able to require the employer to provide duly substantiated grounds for the dismissal or equivalent measure.

Amendment 291 #

Proposal for a directive
Recital 33

(33) The burden of proof that there has been no dismissal or equivalent detriment on the grounds that workers have exercised their rights provided for in this Directive, should fall on employers when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed, or have been subject to measures with equivalent effect, on such grounds.deleted

Amendment 292 #

Proposal for a directive
Recital 33

Amendment 293 #

Proposal for a directive
Recital 33

(33) The burden of proof that there has been no dismissal or equivalent detriment on the grounds that ~~worker~~employees have exercised their rights provided for in this Directive, should fall on employers when ~~worker~~employees establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed, or have been subject to measures with equivalent effect, on such grounds.

Amendment 294 #

Proposal for a directive
Recital 33 a (new)

(33a) The burden of proof that there has been no employment relationship should fall on the natural or legal person identifiable as employer based on the primacy of facts.

Amendment 295 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 34

(34) Member States should provide for effective, proportionate and dissuasive penalties, for example in the form of fines or compensation, for breaches of the obligations under this Directive.

Amendment 296 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Recital 34

(34) Member States ~~should~~may provide for effective, and proportionate ~~and dissuasive~~ penalties for breaches of the obligations under this Directive.

Amendment 297 #

Proposal for a directive
Recital 34 a (new)

(34a) National labour inspectorates should monitor compliance with this Directive in each Member State. At European level, they should cooperate as closely as possible with each other and exchange best practices. The future European Labour Authority could play a prime role in this process.

Amendment 298 #

Proposal for a directive
Recital 34 a (new)

(34a) Member States should ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status, with respect to comparable permanent workers.

Amendment 299 #

Proposal for a directive
Recital 34 b (new)

(34b) Member States should ensure that workers have access to social protection regardless of the type of their employment relationship.

Amendment 300 #

Proposal for a directive
Recital 34 c (new)

(34c) Member States shall ensure that workers in mostly variable work schedules or with variable reference hours/days have access to safety and health protection.

Amendment 301 #

Thomas MANN

Proposal for a directive
Recital 36

(36) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing national or Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive. As a matter of principle, it should be noted: zero-hour contracts fail to give workers any sense of value. Should such contracts ever be concluded, they should be limited to a few exceptions.

Amendment 302 #

Proposal for a directive
Recital 36

(36) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing national or Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive. Member States should ensure that steps are taken to prevent the introduction of zero-hour contracts or similar types of employment contract.

Amendment 303 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Recital 36

(36) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing national or Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to ~~worker~~employees in the field covered by this Directive.

Amendment 304 #

Proposal for a directive
Recital 37

(37) In implementing this Directive Member States 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, and to publish the results of such assessments.deleted

Amendment 305 #

Proposal for a directive
Recital 37

(37) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro-enterprises and small and medium- sized undertakings whose importance is to be gauged from the Commission Recommendation of 6 May 20031a or any later act replacing that Recommendation. 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, and to publish the results of such assessments. __________________ 1a OJ L 124, 20.05.2003, p. 36.

Amendment 306 #

Proposal for a directive
Recital 37

(37) In implementing this Directive Member States should avoid imposing administrative, ~~financial and~~ legal constraints in a way which would hold back the ~~creation and development~~protection of workers 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~~, and to publish the results of such assessments.

Amendment 307 #

Dennis RADTKE, Georges BACH, Heinz K. BECKER, Elmar BROK

Proposal for a directive
Recital 38

(38) The Member States ~~may entrust social partners with~~should ensure that the implementation of this Directive is entrusted to social partners, where social partners jointly so request ~~to do so and as long as the Member Sta~~. The Member States should take all the necessary steps t- and make all the necessary ~~steps~~resources available to the social partners - to ensure that they can at all times guarantee the results sought under this Directive. If the implementation of this Directive cannot be entrusted to the social partners, Member States should ensure that the social partners are involved in the entire process of transposing this Directive.

Amendment 308 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Recital 38

(38) The Member States ~~may entrust~~should involve the social partners ~~with~~in the implementation of this Directive, ~~where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarante~~guaranteeing to them that they will take all the necessary steps to achieve the results sought under this Directive.

Amendment 309 #

Proposal for a directive
Recital 38

(38) The Member States ~~may~~should entrust and consult social partners ~~with~~about the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.

Amendment 310 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 38

(38) The Member States ~~may~~should entrust social partners with the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.

Amendment 311 #

Proposal for a directive
Recital 38

Amendment 312 #

Dennis RADTKE, Georges BACH, Elmar BROK, Claude ROLIN

Proposal for a directive
Recital 38 a (new)

(38a) Member States should ensure that national inspection bodies enforce this Directive.

Amendment 313 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions byto promot~~ing more secure and~~e safe, predictable employment ~~while ensuring labour market adaptability~~and with decent conditions, having in consideration technical and scientific developments.

Amendment 314 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability and maintaining competitiveness of micro, small and medium-sized enterprises.

Amendment 315 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment ~~while ensuring labour market adaptability~~for every worker, regardless of the type and duration of the employment relationship.

Amendment 316 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES, Tom VANDENKENDELAERE

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more transparent secure and predictable employment ~~while ensuring labour market adaptability~~.

Amendment 317 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure, transparent and predictable employment while ensuring labour market adaptability.

Amendment 318 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure, transparent and predictable employment while ensuring labour market adaptability.

Amendment 319 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment ~~while ensuring labour market adaptability~~.

Amendment 320 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union, ensuring for all of them a core set of enforceable rights, regardless of the type of contract, employment relationship or if they are working in the public or private sector.

Amendment 321 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union who has an employment contract or employment relationship as defined in law, in collective agreements or by national practice in the Member State concerned.

Amendment 322 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union. having an employment contract or employment relationship as defined by the applicable national law, collective agreements or practice in force in each Member State.

Amendment 323 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.

Amendment 324 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.

Amendment 325 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union. These minimum rights apply to every person who is de facto a worker regardless of the formal status of the person.

Amendment 326 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Unpublic and private sector in the European Union without exception.

Amendment 327 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker, in the private and public sector, in the Union.

Amendment 328 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every public and private sector worker in the Union.

Amendment 329 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every ~~worker~~employee in the Union.

Amendment 330 #

Proposal for a directive
Article premier – paragraph 3

3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 8 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.deleted

Amendment 331 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 332 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 333 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Siôn SIMON, Joachim SCHUSTER, Georgi PIRINSKI, Brando BENIFEI, Ole CHRISTENSEN, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 1 – paragraph 3

Amendment 334 #

Eider GARDIAZABAL RUBIAL, Emilian PAVEL, Bart STAES

Proposal for a directive
Article 1 – paragraph 3

Amendment 335 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 336 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 1 – paragraph 3

Amendment 337 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 1 – paragraph 3

3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours in a reference period of one week. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 85 or 20 hour period.

Amendment 338 #

Proposal for a directive
Article 1 – paragraph 3

3. Member States may decide not to apply the obligations in this Directive to employers of workers who have an employment relationship equal to or less than 8 hours in total in a reference period of one ~~month~~week. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.

Amendment 339 #

Proposal for a directive
Article 1 – paragraph 3

3. Member States may decide not to apply the obligations in this Directive to ~~worker~~employees who have an employment relationship equal to or less than 8 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.

Amendment 340 #

Proposal for a directive
Article 1 – paragraph 3

3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 816 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.

Amendment 341 #

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 342 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article premier – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 343 #

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 344 #

Eider GARDIAZABAL RUBIAL, Emilian PAVEL, Bart STAES

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 345 #

Tom VANDENKENDELAERE

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 346 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 347 #

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 348 #

Proposal for a directive
Article premier – paragraph 4

4. ~~Paragraph 3 shall not apply to an e~~Employment relationships where no guaranteed amount of paid work is predetermined before the employment starts shall be prohibited.

Amendment 349 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 1 – paragraph 4 a (new)

4a. Paragraph 2 is without prejudice to workers who are undergoing training including trainees and apprentices.

Amendment 350 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States ~~may determine which~~, after consulting social partners, shall determine which natural or legal persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They ~~may~~shall also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, shall be jointly and severally liable for obligations under this Directive. This paragraph is without prejudice to Directive 2008/104/EC.

Amendment 351 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. When there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations. This paragraph is without prejudice to Directive 2008/104/EC.

Amendment 352 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.

Amendment 353 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are or indirectly party to an employment relationship with the worker, they shall be jointly and severally liable for obligations under this Directive.

Amendment 354 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship, provided that the responsible person can be clearly determined on the basis of national law. This paragraph is without prejudice to Directive 2008/104/EC.

Amendment 355 #

Proposal for a directive
Article 1 – paragraph 5 a (new)

5a. Member States may provide, on objective grounds, that provisions laid down in Chapter III shall not apply to civil servants, public emergency services, the armed forces, and to police authorities, judges, prosecutors, investigators and other law enforcement services.

Amendment 356 #

Proposal for a directive
Article 1 – paragraph 5 a (new)

5a. Member States may provide, on objective grounds, that provisions laid down in Chapter III shall not apply to the armed forces, and the police authorities, firemen, and other law enforcement services.

Amendment 357 #

Proposal for a directive
Article 1 – paragraph 6

~~6. Member States may decide not to apply the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household where work is performed for that household.~~deleted

Amendment 358 #

Proposal for a directive
Article 1 – paragraph 6

Amendment 359 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 1 – paragraph 6

Amendment 360 #

Proposal for a directive
Article 1 – paragraph 6

Amendment 361 #

Michael DETJEN, Evelyn REGNER, Joachim SCHUSTER

Proposal for a directive
Article 1 – paragraph 6

Amendment 362 #

Proposal for a directive
Article 1 – paragraph 6

6. Member States may decide not to apply the obligations set out in Articles 10 and 11 and Article 14(a) to ~~natural person~~family members belonging to a household where work is performed for that household. However, in accordance with the ILO Domestic Workers Convention No. 189, domestic workers shall fall under the scope of this Directive.

Amendment 363 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Miapetra KUMPULA-NATRI, Brando BENIFEI, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 1 – paragraph 6

6. Member States may decide ~~not to apply~~to adapt the obligations set out in Articles 10 and 11 ~~and Article 14(a)~~ to natural persons ~~belonging to a household where~~acting as employers for domestic work is performed for thateir household, if objective specific difficulties exist to comply with them.

Amendment 364 #

Proposal for a directive
Article 1 – paragraph 6 a (new)

6a. Member States should take specific account of the platform economy as the provision of services by workers to recipients through the intermediary of an Internet platform, whose commercial activities are designed to make profits. In the absence of specific national or European regulation of the working conditions in the platform economy, it shall be deemed that the underlying contractual relationship to provide services through platform work is an employment relationship between the worker and the platform falling under the scope of this Directive. This legal presumption may be rebutted by the Internet platform.

Amendment 365 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 1 – paragraph 6 a (new)

6a. Member States may decide, on objective grounds, that the minimum requirements as regards working conditions laid down in Chapter III of this Directive should not apply to public sector workers, the armed forces and the law enforcement agencies.

Amendment 366 #

Proposal for a directive
Article 1 – paragraph 6 b (new)

6b. In the absence of specific national or European regulation of the working conditions of au-pairs, it shall be deemed that the employment relations covering au-pair work fall under the scope of this Directive.

Amendment 367 #

Proposal for a directive
Article 1 – paragraph 6 c (new)

6c. In the absence of specific national or European regulation of the working conditions of apprenticeships and traineeships, it shall be deemed that the employment relations covering apprenticeships and traineeships fall under the scope of this Directive.

Amendment 368 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Article 1 – paragraph 7

7. Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. Point 1(2) of Article 3 and Article 9 (Chapter III) shall not apply to seafarers and fishermen.

Amendment 369 #

Proposal for a directive
Article 1 – paragraph 7

7. Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. The obligations set out in Articles 3(2) (g), (k), (l), (n), 4(2), 6, 8, 9 and 10 shall not apply to seafarers and sea fishermen.

Amendment 370 #

Proposal for a directive
Article 1 – paragraph 7

7. Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. The obligations set out in Articles 3(2)(l) and (n),6, 8, 9 and 10 shall not apply to seafarers and sea fishermen.

Amendment 371 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 1 – paragraph 7

7. ~~Chapter II of t~~This Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively.

Amendment 372 #

Dennis RADTKE, Elmar BROK, Thomas MANN

Proposal for a directive
Article 2

1. the following definitions shall apply: (a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration; (b) natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker; (c) the work relationship between workers and employers as defined above; (d) schedule determining hours and days on which performance of work starts and ends; (e) time slots in specified days during which work can take place at the request of the employer. 2. the terms 'microenterprise', 'small enterprise' and 'medium-sized enterprise' shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises43 or in any subsequent act replacing that Recommendation. __________________ 43Article 2 deleted Definitions For the purposes of this Directive, ‘employer' means one or more ‘employment relationship' means ‘work schedule' means the ‘reference hours and days' means For the purposes of this Directive OJ L 124, 20.5.2003, p. 36.

Amendment 373 #

Proposal for a directive
Article 2 – paragraph 1 – point a

~~(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;~~deleted

Amendment 374 #

Proposal for a directive
Article 2 – paragraph 1 – point a

~~(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;~~deleted

Amendment 375 #

Proposal for a directive
Article 2 – paragraph 1 – point a

~~(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;~~deleted

Amendment 376 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 2 – paragraph 1 – point a

~~(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;~~deleted

Amendment 377 #

Proposal for a directive
Article 2 – paragraph 1 – point a

~~(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;~~deleted

Amendment 378 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 2 – paragraph 1 – point a

a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction and authority of another person in return for remuneration; this definition shall apply without prejudice to national provisions and collective agreements in force;

Amendment 379 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another natural or legal person in return for remuneration; direction includes where the person is in a situation of economic dependency.

Amendment 380 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration; or who works for another person in a relationship of economic dependence;

Amendment 381 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration or who is factually in any type of employment relationship;

Amendment 382 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘~~worker~~employee’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration or as defined by the Member State;

Amendment 383 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who ~~for a certain period of time performs services f~~performs work in accor dan~~d under the direction of another person in return for remune~~ce with national law and practionce;

Amendment 384 #

Liisa JAAKONSAARI, Eva KAILI

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction and/or subordination of another person in return for remuneration;.

Amendment 385 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs services for and/or under the direction of another natural or legal person in return for remuneration;

Amendment 386 #

Tom VANDENKENDELAERE, Jeroen LENAERS

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs ~~services~~work for and under the direction or subordination of another person in return for remuneration;

Amendment 387 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs ~~services for and under the direction of another person in return for remune~~work in accordance with national law and practionce;

Amendment 388 #

Proposal for a directive
Article 2 – paragraph 1 – point b

~~(b) ‘employer' means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;~~deleted

Amendment 389 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 2 – paragraph 1 – point b

~~(b) ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;~~deleted

Amendment 390 #

Proposal for a directive
Article 2 – paragraph 1 – point b

~~(b) ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;~~deleted

Amendment 391 #

Proposal for a directive
Article 2 – paragraph 1 – point b

~~(b) ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;~~deleted

Amendment 392 #

Proposal for a directive
Article 2 – paragraph 1 – point b

~~(b) ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;~~deleted

Amendment 393 #

Proposal for a directive
Article 2 – paragraph 1 – point b

~~(b) ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;~~deleted

Amendment 394 #

Proposal for a directive
Article 2 – paragraph 1 – point b

(b) ‘employer’ means ~~one or more~~a natural or legal person~~(s) who i~~ that engages wor ~~are~~kers directly or indirectly ~~party to an employment relationship with a worker;~~.

Amendment 395 #

Proposal for a directive
Article 2 – paragraph 1 – point b

(b) ‘employer'’ means one or more natural or legal person(s) ~~who is or are directly or indirectly~~, or other entities, who is or are party to an employment relationship with a worker;

Amendment 396 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 2 – paragraph 1 – point b

(b) ‘employer’ means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a ~~worker~~n employee;

Amendment 397 #

Proposal for a directive
Article 2 – paragraph 1 – point c

~~(c) ‘employment relationship' means the work relationship between workers and employers as defined above;~~deleted

Amendment 398 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 2 – paragraph 1 – point c

~~(c) ‘employment relationship’ means the work relationship between workers and employers as defined above;~~deleted

Amendment 399 #

Proposal for a directive
Article 2 – paragraph 1 – point c

~~(c) ‘employment relationship’ means the work relationship between workers and employers as defined above;~~deleted

Amendment 400 #

Proposal for a directive
Article 2 – paragraph 1 – point c

~~(c) ‘employment relationship’ means the work relationship between workers and employers as defined above;~~deleted

Amendment 401 #

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) ‘employment relationship’ means the work relationship between workers and employers as defined ~~abov~~by national law and practice;

Amendment 402 #

Proposal for a directive
Article 2 – paragraph 1 – point c

Amendment 403 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) ‘'reference hours and days' means time slots in specified days during which work can take place ~~at the request of the employer~~.

Amendment 404 #

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) ‘reference hours and days’ means time slots in specified days during which work can take place ~~at the request of the employer.~~;

Amendment 405 #

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) ‘reference hours and days’ means time slots in specified days during which work can take place ~~at the request of the employer~~.

Amendment 406 #

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) ‘reference hours and days’ means time slots in specified days during which work can take place ~~at the request of the employer~~.

Amendment 407 #

Proposal for a directive
Article 2 – paragraph 1 – point e a (new)

(ea) ‘social protection scheme’ means a distinct framework of rules to provide benefits to entitled beneficiaries. Such rules specify the personal scope of the programme, entitlement conditions, the type of benefits, benefit amounts, benefits’ duration and other benefit characteristics, as well as the financing (contributions, general taxation, other sources), governance and administration of the programme.

Amendment 408 #

Proposal for a directive
Article 2 – paragraph 1 – point e a (new)

(ea) ‘trainee’ means a worker who does a traineeship, this being a limited period of work practice which includes a learning and training component, in line with the Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships.

Amendment 409 #

Proposal for a directive
Article 2 – paragraph 2

2. For the purposes of this Directive the terms ‘microenterprise’~~, ‘small enterprise’ and ‘medium-sized enterprise’~~ shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro~~, small and medium-sized~~ enterprises43 or in any subsequent act replacing that Recommendation. __________________ 43 OJ L 124/36, 20.05.2003.

Amendment 410 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 2 – paragraph 2

2. For the purposes of this Directive the terms ‘microenterprise’~~, ‘small enterprise’ and ‘medium-sized enterprise’~~ shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises43 or in any subsequent act replacing that Recommendation. __________________ 43 OJ L 124/36, 20.05.2003. OJ L 124/36, 20.05.2003.

Amendment 411 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. For the purposes of this Directive the determination of the existence of an employment relationship should be guided primarily by the facts relating to the performance of work, the actual nature of the activity and the remuneration of the worker, regardless of how the relationship is characterised in any contrary arrangement, contractual or otherwise, that may have been agreed between the parties. An employment relationship will be deemed to be existing provided that some of the following indicators are present: (a) the fact that the work is carried out according to the instructions and under the control of another party; the terms and conditions for the provision of work and the price and conditions of the services provided are settled unilaterally by another party; the duties fall under the company normal activity; the business activity is controlled and organised by another party; involves the integration of the worker in the organization of the enterprise; the work performed is similar to that of existing employees or to work formerly carried out by employees; is performed solely or mainly for the benefit of another person; is carried out personally by the worker; is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; is of a particular duration and has a certain continuity; requires the worker’s availability or involves the provision of tools, digital means, materials and machinery by the party requesting the work; responsibility for investment and management in the business correspond to another party; (b) periodic payment of remuneration to the worker; the fact that such remuneration constitutes the worker’s sole or principal source of income and implies economic dependence; provision of payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; or absence of financial risk for the worker or participation in the profits;

Amendment 412 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship as referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) within seven days of them starting work.

Amendment 413 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES, Tomáš ZDECHOVSKÝ

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship, including minimum social and labour rights they are entitled to.

Amendment 414 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.

Amendment 415 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall ensure that employers are required to inform workers at least of the essential aspects of the employment relationship.

Amendment 416 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall ensure that employers are required to inform ~~worker~~employees of the essential aspects of the employment relationship.

Amendment 417 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The essential information referred to in paragraph 1, to be provided within seven days of a worker starting work, and other information, which may be provided within one month of a worker starting work, shall include:

Amendment 418 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall ~~include~~at least include, but not be limited to:

Amendment 419 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall as a minimum include:

Amendment 420 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include as a minimum:

Amendment 421 #

Robert ROCHEFORT

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include as a minimum:

Amendment 422 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include at least:

Amendment 423 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include at least:

Amendment 424 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include at least:

Amendment 425 #

Proposal for a directive
Article 3 – paragraph 2 – point b

(b) the place of work; where there is no fixed or main place of work, the principle that the worker is employed at various places or is free to determine his or her place of work, and the registered place of business or, where appropriate, the domicile of the employer; where the employee works in different places or the employer is allowed to change the employee’s place of work, the reasonable measures and arrangements in place to allow the worker to get or move to the different work places, the procedure, notice and due compensation;

Amendment 426 #

Proposal for a directive
Article 3 – paragraph 2 – point b

(b) the place of work; where there is no fixed or main place of work, the principle that the ~~worker~~employee is employed at various places or is free to determine his or her place of work, and the registered place of business or, where appropriate, the domicile of the employer;

Amendment 427 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) (i) the title, grade, nature or category of the work for which the ~~worker~~employee is employed; or (ii) a brief specification or description of the work;

Amendment 428 #

Proposal for a directive
Article 3 – paragraph 2 – point e

(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales and access to social protection of the user undertaking in order to provide for equal pay and equal social protection between workers;

Amendment 429 #

Proposal for a directive
Article 3 – paragraph 2 – point e

(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;

Amendment 430 #

Proposal for a directive
Article 3 – paragraph 2 – point e

(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;

Amendment 431 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 2 – point e

(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; in the case of temporary agency workers, the name and the pay scales of the user undertaking in order to provide for equal pay;

Amendment 432 #

Proposal for a directive
Article 3 – paragraph 2 – point e

Amendment 433 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a directive
Article 3 – paragraph 2 – point e

(e) in the case of a temporary employment relationship, the end date or the expected duration thereof, where that is possible;

Amendment 434 #

Dennis RADTKE, Georges BACH, Dieter-Lebrecht KOCH, Sven SCHULZE, Heinz K. BECKER

Proposal for a directive
Article 3 – paragraph 2 – point g

~~(g) any training entitlement provided by the employer;~~deleted

Amendment 435 #

Proposal for a directive
Article 3 – paragraph 2 – point g

(g) any ~~training entitlement provided by the employer~~entitlement to training that the employer is required to provide under Union or national legislation or under relevant collective agreements;

Amendment 436 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 3 – paragraph 2 – point g

(g) any mandatory training entitlement provided by the employer, in the light of the national laws or collective agreements applicable;

Amendment 437 #

Proposal for a directive
Article 3 – paragraph 2 – point g

(g) where possible, any training entitlement provided by the employer;

Amendment 438 #

Proposal for a directive
Article 3 – paragraph 2 – point g

(g) ~~any~~ training entitlement provided by the employer, if any;

Amendment 439 #

Proposal for a directive
Article 3 – paragraph 2 – point g

(g) ~~any training entitlement~~the general training policy provided by the employer;

Amendment 440 #

Proposal for a directive
Article 3 – paragraph 2 – point h

(h) the amount of paid leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave entitlement;

Amendment 441 #

Proposal for a directive
Article 3 – paragraph 2 – point h

(h) the amount of paid leave to which the ~~worker~~employee is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;

Amendment 442 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method as well as the formal requirements for determining such periods of notice, as well as the deadline for taking legal action contesting the dismissal;

Amendment 443 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method, as well as the formal requirements for determining such period of notice, as well as the deadlines for taking action contesting the dismissal;

Amendment 444 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method and the formal requirements for determining such periods of notice, as well as the deadline for taking legal action contesting the dismissal;

Amendment 445 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure and formal requirements, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice and the deadline for bringing an action contesting dismissal;

Amendment 446 #

Proposal for a directive
Article 3 – paragraph 2 – point i

Amendment 447 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such periods of notice, as well as the deadline for taking legal action contesting the dismissal;

Amendment 448 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the periods of notice cannot be indicated when the information is given, the method for determining such periods of notice;

Amendment 449 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the periods of notice cannot be indicated when the information is given, the method for determining such periods of notice;

Amendment 450 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the period of notice, to be observed by the employer and the ~~worker~~employee should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice;

Amendment 451 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) ~~the procedure, including~~ the length of the periods of notice, to be observed by the employer and the worker should their employment contract or employment relationship be terminated or, where th~~e length of the period of notice~~at cannot be indicated when the information is given, the method for determining such periods of notice;

Amendment 452 #

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements, indicated separately, such as payments of overtime, bonuses and other entitlements, such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment 453 #

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements, indicating separately payments of overtime, bonuses and other entitlements such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment 454 #

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements, indicate separately payments of overtime, bonuses and other entitlements, such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment 455 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 2 – point j

Amendment 456 #

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled, in addition, payments of overtime, bonuses and other entitlements and the method of calculation;

Amendment 457 #

Dennis RADTKE, Georges BACH, Heinz K. BECKER, Claude ROLIN

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements, such as payments in kind or other benefits, and the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment 458 #

Tom VANDENKENDELAERE

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements, including compensation, the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment 459 #

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the ~~worker~~employee is entitled;

Amendment 460 #

Proposal for a directive
Article 3 – paragraph 2 – point k

(k) if the work schedule is entirely or mostly not variable, the length of the worker’s ~~standar~~contracted working day or week ~~and any~~, the arrangements for overtime and its remuneration; where applicable, the arrangements for working outside the worker’s contracted working day or week, including shift changes;

Amendment 461 #

Dennis RADTKE, Georges BACH, Heinz K. BECKER, Thomas MANN, Elmar BROK

Proposal for a directive
Article 3 – paragraph 2 – point k

(k) if the work schedule is entirely or mostly not variable or predictable, the length of the worker's standard working day or week ~~and~~, any arrangements for overtime and its remuneration, and reasonable advance notice of such work;

Amendment 462 #

Proposal for a directive
Article 3 – paragraph 2 – point k

(k) if the work ~~schedule~~pattern is entirely or mostly not ~~vari~~predictable, the length of the worker’s standard working day or week and any arrangements for overtime and its remuneration;

Amendment 463 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Article 3 – paragraph 2 – point k

(k) if the work schedule is entirely or mostly not variable, the length of the ~~worker’~~employees standard working day or week and any arrangements for overtime and its remuneration;

Amendment 464 #

Proposal for a directive
Article 3 – paragraph 2 – point k

(k) if the work schedule is entirely or mostly ~~not vari~~predictable, the length of the worker's standard working day or week and any arrangements for overtime and its remuneration;

Amendment 465 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – point k

(k) if the work schedule is entirely or mostly not variable, the length of the worker’s ~~standard~~normal working day or week and any arrangements for overtime and its remuneration;

Amendment 466 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

(l) if the work schedule is entirely or mostly ~~varia~~unpredictable, where that is possible, the principle that the work schedule is ~~vari~~unpredictable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined by the employer, where that is possible:

Amendment 467 #

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the higher remuneration of work performed in addition to the contracted amount of guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:

Amendment 468 #

Dennis RADTKE, Georges BACH, Heinz K. BECKER, Elmar BROK, Thomas MANN

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

(l) if the work schedule is entirely or mostly variable or unpredictable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:

Amendment 469 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the additional, higher remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:

Amendment 470 #

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

Amendment 471 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:Does not affect the English version.)

Amendment 472 #

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

(l) if the work ~~schedule~~pattern is entirely or mostly ~~vari~~unpredictable, the principle that the work ~~schedule is vari~~pattern is unpredictable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work ~~schedule~~pattern is entirely or mostly ~~determined~~unpredictable, by the employer:

Amendment 473 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point i

(i) the reference hours and days within which the ~~worker~~employee may be required to work;

Amendment 474 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii

(ii) the minimum advance notice the worker shall receive before the start of a work, as~~signment~~ agreed upon by the social partners at the appropriate level;

Amendment 475 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii

(ii) the minimum advance notice the worker shall receive before the start of a work assignment, that shall be at least fifteen days;

Amendment 476 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii

(ii) the minimum advance notice the ~~worker~~employee shall receive before the start of a work assignment;

Amendment 477 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii

(ii) the minimum reasonable advance notice the worker shall receive before the start of a work ~~assignment~~;

Amendment 478 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii

(ii) the minimum reasonable advance notice the worker shall receive before the start of a work ~~assignment~~;

Amendment 479 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii

(ii) the minimum advance notice the worker shall receive before the start of a work ~~assignment~~;

Amendment 480 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)

(iia) the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours;

Amendment 481 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)

(iia) the conditions and the level of financial compensation in case of cancellation of work by the employer.

Amendment 482 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)

(iia) where workers work on variable shifts, the minimum advance notice of the work schedule

Amendment 483 #

Proposal for a directive
Article 3 – paragraph 2 – point l a (new)

(la) in the case of seasonal workers in the farming industry whose work schedules are highly variable owing to weather and environmental constraints, the information that their employment is by nature variable and that it will be difficult for the employer to predict in advance what hours and days they will work.

Amendment 484 #

Proposal for a directive
Article 3 – paragraph 2 – point m

(m) any collective agreements governing the worker's conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and information about the works council or any other representatives of workers in that business;

Amendment 485 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – point m

(m) any collective agreements governing the worker’s conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and the cut off periods if there are any;

Amendment 486 #

Proposal for a directive
Article 3 – paragraph 2 – point m

Amendment 487 #

Proposal for a directive
Article 3 – paragraph 2 – point m

Amendment 488 #

Proposal for a directive
Article 3 – paragraph 2 – point m

(m) any collective agreements governing the ~~worker’~~employees conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded;

Amendment 489 #

Proposal for a directive
Article 3 – paragraph 2 – point m a (new)

(ma) the right of workers to join Trade Unions and be represented by a Trade Union, and where it exist, information about Trade Unions present in the company;

Amendment 490 #

Proposal for a directive
Article 3 – paragraph 2 – point m a (new)

(ma) any break periods, where appropriate;

Amendment 491 #

Dennis RADTKE, Georges BACH, Claude ROLIN

Proposal for a directive
Article 3 – paragraph 2 – point n

~~(n) the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer.~~deleted

Amendment 492 #

Proposal for a directive
Article 3 – paragraph 2 – point n

(n) the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer, and proof of registration with the social security institution(s) concerned.

Amendment 493 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 3 – paragraph 2 – point n

Amendment 494 #

Proposal for a directive
Article 3 – paragraph 2 – point n

(n) if appropriate, the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer.

Amendment 495 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 2 – point n a (new)

(na) any benefits in kind which the employer provides for the worker;

Amendment 496 #

Proposal for a directive
Article 3 – paragraph 2 – point n a (new)

(na) any time limits for enforcing claims against the employer;

Amendment 497 #

Proposal for a directive
Article 3 – paragraph 2 – point n b (new)

(nb) any categorization into a general pay scheme;

Amendment 498 #

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. The Member States must guarantee that, with a view to increasing transparency and workers’ negotiating power and thus reducing wage disparities between workers doing similar jobs, employers – particularly large companies – publish a record of the salaries and working conditions at their companies, keeping personal data protected in accordance with the relevant legislation in force.

Amendment 499 #

Proposal for a directive
Article 3 – paragraph 2 b (new)

2b. Employers must submit confirmation to a Member State’s labour inspection body that workers have been given the above information and they must divulge what working conditions will apply to each new contract, particularly with regard to remuneration, working hours and the length of the contract.

Amendment 500 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 3

3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form of a reference to specific provisions of the laws, regulations and administrative or statutory ~~provision~~acts or collective agreements governing those particular points.

Amendment 501 #

Proposal for a directive
Article 3 – paragraph 3

3. The information referred to in paragraph 2(f) to (k) and (n) ~~may, where appropriate, be given in the form of~~shall be explained and, where appropriate, accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment 502 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 3

3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be ~~given in the form of~~accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment 503 #

Proposal for a directive
Article 3 – paragraph 3

Amendment 504 #

Proposal for a directive
Article 3 – paragraph 3

Amendment 505 #

Proposal for a directive
Article 3 – paragraph 3

3. The information referred to in paragraph 2(f) to (k) and (n) ~~may, where appropriate, be given~~shall be accompanied by in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment 506 #

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. The Member States must make sure that trainees are given all the information that they need regarding their training and work plan, specifically, information on their working hours and the length of their traineeship, all the remuneration and salary benefits (when applicable), their work rights and duties, the details and duties of their traineeship supervisor and the assessment and progression objectives and methodologies applicable to them.

Amendment 507 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Brando BENIFEI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. The minimum reasonable advance notice the worker shall receive before the start of a work assignment and the financial compensation of work assignment cancelled by the employer, as set out in paragraph 2, shall, where appropriate be agreed upon by the social partners at the appropriate level.

Amendment 508 #

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. The minimum reasonable advance notice the worker shall receive before the start of a work assignment as set out in paragraph 2 (l) shall, where appropriate, be agreed upon by the social partners at the appropriate level.

Amendment 509 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. The minimum reasonable advance notice the worker shall receive before the start of a work assignment as set out in paragraph 2 shall, where appropriate be agreed upon by the social partners at the appropriate level.

Amendment 510 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) shall be provided individually to the worker in the form of a document at the latest ~~on the first day~~seven days after the start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed. The other information referred to in Article 3(2) should be provided individually to the worker in the form of a document within one month of the start of the employment relationship.

Amendment 511 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 4 – paragraph 1

1. 1. The information referred to in Article 3(2 a, b, c, d, e, j) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. ~~That document~~Other information referred to in Article 3(2) shall be provided individually to the worker in the form of a document no later than 7 days after the beginning of the employment relationship. These documents may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.

Amendment 512 #

Proposal for a directive
Article 4 – paragraph 1

1. The employment relationship shall be established in a written contract of employment. The information referred to in Article 3(2) shall be ~~provi~~handed individually to the worker in the form of a ~~document at the latest on the first day of the employment relationship. T~~written document, in the language of the worker, attached at the latest before the signature of the written contract. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.

Amendment 513 #

Mara BIZZOTTO

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the ~~first day~~date of commencement of the employment relationship~~. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stor~~ and in such a way that there is evidence of receipt by the worker. That document shall be made easily accessible both to the worker to the labour inspector. Where the document is transmitted electronically to the worker it shall be possible for it to be filed and printed.

Amendment 514 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) ~~shall be provided individually~~(a) to (f) and (i) to (k) shall be given to the worker in the form of a document handed over in person at the latest on the first day of the employment relationship. ~~That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.~~

Amendment 515 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in points (a) n of Article 3(2), shall be provided individually in writing to the worker in, at the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printedlatest 15 days after the start of the employment relationship. The same information shall be provided orally on the first day of the employment relationship. The deadline referred to in the first subparagraph may be extended by a maximum period of two weeks in the case of exceptional circumstances.

Amendment 516 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest ~~on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed~~two working days after the start of the employment relationship.

Amendment 517 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document as early as possible but at the latest onat the ~~first day~~commencement of the employment relationship. That document may be ~~provided and transmitted electronically~~sent electronically directly to the worker as long as it is easily accessible by the worker and it may also be accessible to the entity controlling working conditions and can be stored and printed.

Amendment 518 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2 a, b, c, d, e, f, j, k and l) shall be provided individually to the worker in the form of aone or more documents at the latest ~~on the first day of the employment relationship. That document may~~within one calendar week from the first working day. The other information referred to in Article 3(2) shall be provided aind ~~transmitted electronically as long as it is easily accessible by~~ividually to the worker in the wfor~~ker and can be stored and printed~~m of a document within one month from the first working day.

Amendment 519 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Ole CHRISTENSEN

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided in writing individually to the worker in the form of a document ~~at the latest on the first day~~, prior to the start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and the labour inspectorate, its receipt is acknowledged, and it can be stored and printed.

Amendment 520 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible byto the worker and ~~can be stor~~to the labour inspector and the receipt is recognised and can be filed and printed.

Amendment 521 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker, he or she can acknowledge receipt of it and it can be stored and printed.

Amendment 522 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest on ~~the first day~~e month after the agreed start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.

Amendment 523 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document ~~at the latest on the first day of~~prior to the employment relationship. That document may be provided and transmitted also electronically as long as it is easily accessible by the worker, and the labour inspector, and can be stored and printed.

Amendment 524 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document at the latest ~~on the first day of the employment relationship~~7 days from the start of employment. That document may be provided and transmitted electronically as long as ~~it is easily accessible~~this is accepted by the worker and as long as it can be stored and printed.

Amendment 525 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document ~~at the latest on the first day of the employment relationship~~within 30 days from the first actual day at work. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.

Amendment 526 #

Mara BIZZOTTO, Dominique MARTIN

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall in accordance with national law and practice be provided individually to the ~~worker~~employee in the form of a document ~~at the latest on the first day of the employment relationship~~. That document may be provided and transmitted electronically as long as it is easily accessible by the ~~worker~~employee and can be stored and printed.

Amendment 527 #

Dennis RADTKE, Georges BACH, Jeroen LENAERS, Elmar BROK

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)

1a. The information referred to in Article 3(2)(g), (h) and (l) to (n) shall be given to the worker in the form of a document handed over in person at the latest 15 days after the start of the employment relationship.

Amendment 528 #

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)

1a. As an alternative to the arrangements set out in the previous paragraph, the information referred to in Article 3(2)(l)(i) and (ii) may be provided by means of a general notice displayed in the workplace.

Amendment 529 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. If it is not possible under national law to provide a written contract of employment, the information referred to in Article 3(2) shall be handed individually to the worker in the form of a written document, in the language of the worker, signed by the employer prior to the employment relationship. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.

Amendment 530 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. The employer will provide in paper or electronically and with acknowledgment of receipt, a copy of the document as referred to in Article 4 (1) to the workers representatives, at the appropriate level, in accordance with national law and practice and with Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Union and with Regulation 679/2016 on data protection.

Amendment 531 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. The document setting out the information referred to in Article 3(2) may either be forwarded by post in such a way that the worker can acknowledge receipt of it, or handed over in person against formal notification of release. Receipt of the document by the worker shall release the employer from his or her obligation.

Amendment 532 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Heinz K. BECKER, Elmar BROK

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.

Amendment 533 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. The document referred to in paragraph 1 shall be provided simultaneously to the worker´s representative and the responsible social protections authorities.

Amendment 534 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. The document shall be provided at the same moment in time to the worker representative and the responsible social protection authorities.

Amendment 535 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.deleted

Amendment 536 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall, in cooperation with social partners, including representatives of micro, small and medium-sized enterprises, develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. Such templates and models may be further adapted by employers to the needs and specific aspects of certain sectors.

Amendment 537 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States, in cooperation with social partners, shall develop templates and models for the document referred to in paragraph 1 and 1 a. and put them at the disposal of workers and employers including by making them available on a single official national website, social partners websites and by other suitable means. Those templates and models shall be provided in all EU languages.

Amendment 538 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall, in cooperation with social partners, develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. Such templates and models may be further adapted to sector specific needs.

Amendment 539 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall together with the social partners develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official ~~national~~ website and by other suitable means. Those models should be provided in all EU languages and published on the EURES website.

Amendment 540 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States, in agreement with the social partners, shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. These templates shall be provided in all the languages of the EU.

Amendment 541 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall in conjunction with the social partners develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means, in all EU languages.

Amendment 542 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES, Tom VANDENKENDELAERE

Proposal for a directive
Article 4 – paragraph 2

2. Member States, working closely with the social partners, shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.

Amendment 543 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall develop with social partners at the appropriate level, templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.

Amendment 544 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall, in consultation with social partners, develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.

Amendment 545 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall develop, in cooperation with social partners, templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.

Amendment 546 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 4 – paragraph 2

2. Member States ~~shall~~may develop templates and models for the document referred to in paragraph 1 and put them at the disposal of ~~worker~~employees and employers including by making them available on a single official national website and by other suitable means.

Amendment 547 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements which have been declared universally applicable and governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens, trade unions and businesses.

Amendment 548 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Heinz K. BECKER

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means~~, including through existing online portals for Union citizens and businesse~~. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.

Amendment 549 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.

Amendment 550 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or applicable collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.

Amendment 551 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a ~~clear, transparent, comprehensive and~~n easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.

Amendment 552 #

Tom VANDENKENDELAERE, Jeroen LENAERS

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.

Amendment 553 #

Proposal for a directive
Article 4 – paragraph 3 a (new)

3a. Member States shall be legally responsible for the correctness of their provided information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers, as referred to in Article 4(2).

Amendment 554 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 4 – paragraph 3 a (new)

3a. The condition to make collective agreements which have been declared universally applicable available must be without prejudice to national social partners autonomy, in particular regarding how collective agreements are concluded and formulated.

Amendment 555 #

Proposal for a directive
Article 4 – paragraph 3 a (new)

3a. The information referred to in Article 3(2) must not be construed as a declaration of acceptance by the worker.

Amendment 556 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Siôn SIMON, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure that: (a) any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 may only be made in accordance with national law or practice and shall be provided in the form of a document by the employer to the worker a~~t the earliest opportunity and at the latest on the day it takes effect.~~ nd, where applicable, his/her legal representatives, at the earliest opportunity and at the latest 15 days before the modification takes effect, as provided for in Article 4; (b) any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be objectively justified by the employer; (c) when the changes affect aspects regarding article 3 (2)points (b), (c), (d), (e), (f), (h), (j), (k), (l), the worker has the right to terminate the employment relationship before the change takes effect and receive a monetary compensation, according to national law and practice.

Amendment 557 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) ~~and to the additional information for workers posted or sent abroad in Article 6~~ shall be provided in the form of a document by the employer to the ~~worker~~employee at the earliest opportunity ~~and at the latest on the day it takes effect~~.

Amendment 558 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect, as provided for in Article 4 (1) and (new 2).

Amendment 559 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be p~~rovided~~ersonally communicated, in accordance with Article 4(1a), in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.

Amendment 560 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a written document or electronically by the employer to the worker at the earliest opportunity and at the latest ~~on the day~~7 days after it takes effect.

Amendment 561 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure that any substantial change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.

Amendment 562 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 563 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

(1a) Changes that merely reflect a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements may be notified by means of a reference to the updated status of those laws, regulations and administrative or statutory provisions or collective or works council agreements.

Amendment 564 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 5 – paragraph 1 a (new)

The document setting out the information referred to in Article 3(2) may either be forwarded by post in such a way that the worker can acknowledge receipt of it, or handed over in person against formal notification of release. Receipt of the document by the worker shall release the employer from his or her obligation.

Amendment 565 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

The written document referred to in paragraph 1 shall not apply to changes that merely reflect a change in the laws, regulations and administrative or statutory provisions or collective agreements cited in the documents referred to in Article 4(1), and, where relevant, in Article 6.

Amendment 566 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 5 – paragraph 1 a (new)

The document referred to in paragraph 1 shall not be required in the case of a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements.

Amendment 567 #

Proposal for a directive
Article 5 a (new)

Article 5a In the specific case referred to in Article 3(2)(l), the advance notice period prior to a change in the distribution of hours worked by a part-time worker must not be less than 7 working days. However, the social partners may, through collective bargaining, set a period of less than 7 days, but not less than 3 days, provided that the worker is compensated.

Amendment 568 #

Proposal for a directive
Article 6

Additional information for workers posted 1. where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided before his or her departure and shall include at least the following additional information: (a) the country or countries in which the work abroad is to be performed and its duration; (b) the currency to be used for the payment of remuneration; (c) where applicable, the benefits in cash or kind attendant on the work assignment(s), which includes in the case of posted workers covered by Directive 96/71/EC any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging; (d) governing the worker’s repatriation. 2. the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified of: (a) worker is entitled in accordance with the applicable law of the host Member State; (b) website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU. 3. paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points. 4. otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.rticle 6 deleted or sent abroad Member States shall ensure that, where applicable, the conditions Member States shall ensure that, if the remuneration to which the the link to the official national The information referred to in Unless Member States provide

Amendment 569 #

Proposal for a directive
Article 6 – title

Additional information for workers ~~posted or~~ sent abroad

Amendment 570 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 6 – title

Additional information for workers posted ~~or sent~~ abroad

Amendment 571 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided by the employer before his or her departure and shall include at least the following additional information:

Amendment 572 #

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided fifteen days before his or her departure and shall include at least the following additional information:

Amendment 573 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) the country or countries as well as the exact place or places in which the work abroad is to be performed and its duration;

Amendment 574 #

Dieter-Lebrecht KOCH, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) the country or countries in which the work abroad is to be performed and its anticipated duration;

Amendment 575 #

Proposal for a directive
Article 6 – paragraph 1 – point c

(c) where applicable, the benefits in cash or kind attendant on the work assignment(s)~~, which includes in the case of posted workers covered by Directive 96/71/EC any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging~~;

Amendment 576 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 6 – paragraph 1 – point c

(c) where applicable, the benefits in cash or kind attendant on the work assignment(s), which includes in the case of posted workers covered by Directive 96/71/EC ~~any~~ allowances specific to posting and ~~any~~ arrangements for reimbursing expenditure on travel, board and lodging;

Amendment 577 #

Proposal for a directive
Article 6 – paragraph 1 – point d a (new)

(da) any arrangements for the possible lengthening or shortening of the period of work;

Amendment 578 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN

Proposal for a directive
Article 6 – paragraph 1 – point d a (new)

(da) where applicable the changes to the worker’s social security situation;

Amendment 579 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Siôn SIMON, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 6 – paragraph 1 – point d b (new)

(db) the name of the line manager in the place or places of work where the work abroad is to be performed;

Amendment 580 #

Proposal for a directive
Article 6 – paragraph 1 – point d c (new)

(dc) any rules on public holidays in the country or countries in which the work abroad is to be performed;

Amendment 581 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 6 – paragraph 1 – point d (new)

(dd) if applicable, any changes in tax and social security arrangements for the period in which the work abroad is to be performed;

Amendment 582 #

Dieter-Lebrecht KOCH, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 6 – paragraph 2

2. Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified of: (a) the remuneration to which the worker is entitled in accordance with the applicable law of the host Member State; (b) website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU.deleted the link to the official national

Amendment 583 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition be notified, as provided for in Article 4 and 5, of:

Amendment 584 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition at least be notified of:

Amendment 585 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the remuneration to which the worker is entitled in accordance with the applicable law of the host Member State according to the information provided on the single official national website pursuant to Article 5(2) of the Directive 2014/67/EU;

Amendment 586 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the employment conditions under Article 3.1 of Directive 96/71/EC including remuneration to which the worker is entitled in accordance with the applicable law of the host Member State;

Amendment 587 #

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

(ba) the employer shall inform the worker about the applicable rules, in paper or electronic form;

Amendment 588 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. Member States shall ensure that this notification is in line with the provisions laid down in Articles 4 and 5 of this Directive, and that the employer provides the additional information about the applicable rules to the worker in writing or electronically. Regardless of the medium, receipt of the information by the worker must be acknowledged, it must be possible to store and print the information, and the information must be easily accessible for the worker and the labour inspectorate.

Amendment 589 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 6 – paragraph 3

3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.deleted

Amendment 590 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 591 #

Robert ROCHEFORT

Proposal for a directive
Article 6 – paragraph 3

Amendment 592 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 6 – paragraph 3

3. The information referred to in paragraph 1(b) and 2(a) ~~may, where approp~~shall be handed to the worker in a wriatte~~, be giv~~n document in the ~~form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular~~language of the worker and, when requested by the worker, can additionally be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and porintsed.

Amendment 593 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA, Ádám KÓSA

Proposal for a directive
Article 6 – paragraph 3

3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to ~~the~~specific provisions of laws, regulations and administrative or statutory ~~provision~~acts or collective agreements governing those particular points, provided that such collective agreements are easily accessible for workers.

Amendment 594 #

Proposal for a directive
Article 6 – paragraph 3

3. The information referred to in paragraph 1(b) and 2(a) ~~may, where appropriate, be given in the form of a~~shall be given in writing clearly outlining reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment 595 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 6 – paragraph 3

3. The information referred to in paragraph 1(b) ~~and 2(a)~~ may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment 596 #

Proposal for a directive
Article 6 – paragraph 4

4. Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.deleted

Amendment 597 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 6 – paragraph 4

Amendment 598 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 599 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 6 – paragraph 4

Amendment 600 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 601 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 602 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA, Ádám KÓSA

Proposal for a directive
Article 6 – paragraph 4

Amendment 603 #

Proposal for a directive
Article 6 – paragraph 4

4. Unless the law of Member States which governs the employment contract provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.

Amendment 604 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 6 – paragraph 4

4. Unless Member States provide otherwise, paragraphs 1 ~~and 2~~ shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.

Amendment 605 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 7

Maximum duration of any probationary 1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension. 2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.Article 7 deleted period

Amendment 606 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed in any case six months, including any extension, for high skilled positions and three months for medium and low skilled positions, according with the International Standard Classification of Education (ISCED) 2011. In the case of fixed-term contracts, the probationary period shall not exceed a quarter of the duration of the contract. In case of renewal of a contract, a new probationary period is not allowed.

Amendment 607 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, ~~inclu~~notwithstanding ~~any~~ extensions in accordance with national law.

Amendment 608 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension. Any time worked with the same enterprise, group or entity shall count towards that six months period. During a probationary period an employment relationship shall not be declared dormant.

Amendment 609 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 7 – paragraph 1

1. Member States ~~shall~~may ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension.

Amendment 610 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed ~~six~~one months, including any extension.

Amendment 611 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed ~~six~~three months~~, including any extension~~.

Amendment 612 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed ~~six~~three months~~, including any extension~~.

Amendment 613 #

Proposal for a directive
Article 7 – paragraph 2

~~2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.~~deleted

Amendment 614 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 7 – paragraph 2

~~2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.~~deleted

Amendment 615 #

Proposal for a directive
Article 7 – paragraph 2

2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker or the employer. In the event that the worker is absent from work during the probationary period, Member States may provide for the probationary period to be extended for the length of the absence.

Amendment 616 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 7 – paragraph 2

2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker. In cases where the worker has been absent from work during the probationary period, Member States may provide that the probationary period can be extended correspondingly, in relation to the duration of the absence.

Amendment 617 #

Proposal for a directive
Article 7 – paragraph 2

2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker or where the probationary is not linked to employment protections including dismissal and redundancy protection.

Amendment 618 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Brando BENIFEI, Joachim SCHUSTER, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 7 – paragraph 2

2. ~~Member States may provide for longer~~A probation~~ary~~ period~~s in cases wh~~ shall not hampere th~~is is justified by the nature of the employment or is in the interest of the worker~~e accrual of rights.

Amendment 619 #

Proposal for a directive
Article 7 – paragraph 2

2. ~~Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker~~Any probationary period shall not hamper the accrual of workers’ rights.

Amendment 620 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 7 – paragraph 2

2. Member States may provide for longer probationary periods not exceeding six months in cases where this is justified by the nature of the employment or is in the interest of the worker.

Amendment 621 #

Proposal for a directive
Article 7 – paragraph 2

2. Member States ~~may provide for~~can establish longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker. Such periods cannot exceed six months.

Amendment 622 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 7 – paragraph 2

2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment, such as in managerial positions, or is in the interest of the worker.

Amendment 623 #

Dennis RADTKE, Claude ROLIN, Georges BACH, Elmar BROK, Thomas MANN

Proposal for a directive
Article 7 – paragraph 2 – point 1 a (new)

(1a) Member States shall entrust the social partners with setting such extensions if they jointly request this.

Amendment 624 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. During a probationary period, workers shall enjoy the same conditions and rights established in the scope of this Directive for those employees out of a probationary period.

Amendment 625 #

Brando BENIFEI

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. The duration of traineeships and apprenticeships count as probationary period, when trainees and apprentices are offered a work contract by their employer.

Amendment 626 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. Worker´s rights shall not be dismissed during the probation period.

Amendment 627 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. The total duration of the probationary period, including renewal, shall not exceed eight months.

Amendment 628 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. A probationary period shall be without prejudice to the accrual of rights.

Amendment 629 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. A probation period can only be agreed in cases of open-ended contracts.

Amendment 630 #

Proposal for a directive
Article 8 – title

8 Employment ~~in parallel~~with other employers

Amendment 631 #

Proposal for a directive
Article 8 – paragraph 1

1. ~~Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer.~~An employer may prohibit employment in parallel on objective grounds. Namely: health and safety, the protection of trade secrets, confidentiality, the integrity of the public service or the avoidance of conflicts of interests

Amendment 632 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ~~ensure that an employer shall not prohibit~~prohibit employers from sanctioning or punishing workers forom taking up employment with other employers~~, outside the work schedule established with that employer~~.

Amendment 633 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that an employer shall not prohibit, prevent or hinder workers from taking up employment with other employers~~, outside the work schedule established with that employer~~.

Amendment 634 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers~~, outside the work schedule established with that employer~~.

Amendment 635 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer, without prejudice to the employer´s right to require overtime work in accordance with national law and practice as well as the conditions of the employment contract.

Amendment 636 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer. The employee must immediately notify the employer of any employment in parallel.

Amendment 637 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that an employer shall not prohibit ~~worker~~employees from taking up employment with other employers, outside the work schedule established with that employer.

Amendment 638 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Georges BACH, Elmar BROK

Proposal for a directive
Article 8 – paragraph 1 a (new)

1a. Member States shall ensure that workers who are employed in more than one job are subject to the overall minimum safety and health requirements for the organisation of working time as provided for in Directive 2003/88/EC of the European Parliament and of the Council1a. __________________ 1a Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 639 #

Proposal for a directive
Article 8 – paragraph 2

2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.deleted

Amendment 640 #

Proposal for a directive
Article 8 – paragraph 2

Amendment 641 #

Proposal for a directive
Article 8 – paragraph 2

Amendment 642 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Heinz K. BECKER, Georges BACH, Elmar BROK

Proposal for a directive
Article 8 – paragraph 2

2. ~~Employer~~Member States may however lay down conditions for the use of incompatibility ~~where such restrictions are justified by~~restrictions, namely restrictions on working for specific categories of employers for legitimate reasons, such as health and safety, the protection of business secrets, or the avoidance of conflicts of interests.

Amendment 643 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 8 – paragraph 2

Amendment 644 #

Proposal for a directive
Article 8 – paragraph 2

Amendment 645 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 8 – paragraph 2

2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety in the workplace.

Amendment 646 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 8 – paragraph 2

2. ~~Employ~~Member States together with social partners may however lay down conditions of incompatibility where such restrictions are justified by legitimate ~~reasons such as the~~and objective reasons to protect~~ion of~~ business secrets or the avoidance of conflicts of interests.

Amendment 647 #

Proposal for a directive
Article 8 – paragraph 2

2. ~~Employer~~Member States may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.

Amendment 648 #

Dennis RADTKE, Heinz K. BECKER, Claude ROLIN, Georges BACH, Elmar BROK, Thomas MANN

Proposal for a directive
Article 8 – paragraph 2 – point 1 a (new)

(1a) Member States shall entrust the social partners with setting such incompatibility restrictions if they jointly request this.

Amendment 649 #

Dennis RADTKE, Heinz K. BECKER, Georges BACH, Thomas MANN

Proposal for a directive
Article 8 – paragraph 2 – point 2 a (new)

(2a) The worker is obliged to inform the employer of the nature and scope of other forms of employment.

Amendment 650 #

Proposal for a directive
Article 8 – paragraph 2 a (new)

2a. Employers are not responsible for monitoring working time in employment in parallel.

Amendment 651 #

Proposal for a directive
Article 8 – paragraph 2 a (new)

2a. Member States shall ensure that the open-ended contract remains the norm.

Amendment 652 #

Proposal for a directive
Article 9 – title

~~Minimum p~~Predictability of work

Amendment 653 #

Georgi PIRINSKI

Proposal for a directive
Article 9 – paragraph -1 (new)

-1 Member States shall ensure that there cannot be a legal employment relationship without a minimum guaranteed amount of paid work predetermined before the start of the employment.

Amendment 654 #

Proposal for a directive
Article 9 – paragraph -1 (new)

-1. Member States shall ensure that open-ended contracts remain the norm.

Amendment 655 #

Proposal for a directive
Article 9 – paragraph -1 (new)

-1 Zero-hour or on-demand type of contracts are prohibited.

Amendment 656 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

~~Member States shall ens~~Zero-houre t~~hat where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:~~ype contracts are prohibited.

Amendment 657 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States shall ensure that ~~where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only~~an employer can only modify the pattern of normal working hours if the following conditions are met:

Amendment 658 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, or where the reference hours or days are variable, the worker may be required to work by the employer only:

Amendment 659 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, or where the reference hours/days are variable, the worker may be required to work by the employer only:

Amendment 660 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, or the reference hours/days are variable the worker may be required to work by the employer only:

Amendment 661 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States ~~shall~~may ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:

Amendment 662 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States shall ensure that where a ~~worker~~n employee's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the ~~worker~~employee may be required to work by the employer only:

Amendment 663 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States shall ensure that where a worker's work ~~schedule~~pattern is entirely or mostly ~~vari~~unpredictable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:

Amendment 664 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Member States shall ensure that where a worker's work schedule is ~~entirely or mos~~partly variable and entirely or mostly determined by the employer, the worker may be required to work by the employer only:

Amendment 665 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) ~~if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), and~~the modification is justified for objective reasons related to the type of work;

Amendment 666 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), or in accordance with Union law and national law and practice, and

Amendment 667 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) if the worker is informed by their employer of a work assignment a reasonable period in advance, in accordance with Article 3(2)(l)(ii). Member States shall in cooperation with social partners determine reasonable periods in regard to specific sectors. This shall be without prejudice to overtime work required in accordance with national law and practice as well as the conditions of the employment contract.

Amendment 668 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) if the worker is informed by their employer of a work assignment a ~~reasonable~~ period in advance of at least 5 days, in accordance with Article 3(2)(l)(ii). For emergency services a reasonable period of less than 5 days can be determined by national law or practice.

Amendment 669 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) if the worker is informed by their employer of a work assignment within a reasonable period in advance, in accordance with Article 3(2)(l)(ii). , and/or if the worker is provided with a compensation;

Amendment 670 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) if the worker is informed by their employer of a work assignment a reasonable period in advance, – at least three days – in accordance with Article 3(2)(l)(ii).

Amendment 671 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) if the worker is informed by their employer of a work assignment a reasonable period in advance of fifteen days, in accordance with Article 3(2)(l)(ii).

Amendment 672 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) if the worker is informed byof the~~ir employ~~ pattern of ~~a work assignment a reasonable period in advance, in accordance with Article 3(2)(l)(ii).~~the normal working hours for the respective week at least two weeks in advance, except in cases of emergency;

Amendment 673 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) if the ~~worker~~employee is informed by their employer of a work assignment a reasonable period in advance, in accordance with Article 3(2)(l)(ii).

Amendment 674 #

Proposal for a directive
Article 9 – paragraph 1 – point b – point i (new)

(i) Member States shall ensure that after working for three months for an employer, a worker has a right to a contract guaranteeing specified amount hours of work.

Amendment 675 #

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) Member States may, in cooperation with social partners, establish sector specific provisions if needed.

Amendment 676 #

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) The predetermined work schedule cannot go beyond the legislative maximum weekly working hours and the reference hours/days need to respect the 11 hours consecutive rest period as laid down in Directive2003/88/EC.

Amendment 677 #

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)

(a) If the worker is informed in advance of a work schedule, a seasonable period in advance in accordance with Article 3(2)(l)(iii).

Amendment 678 #

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) the modification is not in conflict with any legitimate interests of the worker;

Amendment 679 #

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) work contracts without fixed, guaranteed and enumerated working hours are not permitted;

Amendment 680 #

Proposal for a directive
Article 9 – paragraph 1 – point b b (new)

(bb) where notice is given of work, the worker is entitled to be paid for the hours of which they were notified. If work is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified;

Amendment 681 #

Proposal for a directive
Article 9 – paragraph 1 – point b b (new)

(bb) the modification is not in conflict with any other agreements;

Amendment 682 #

Proposal for a directive
Article 9 – paragraph 1 – point b c (new)

(bc) when the employer does not meet the requirements laid down in the first subparagraph, the worker shall have the right to refuse to carry out work in excess of the guaranteed hours without any detrimental consequences;

Amendment 683 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 9 – paragraph 1 – point b d (new)

(bd) employers shall pay a compensation for non-guaranteed hours;

Amendment 684 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a The Member States shall ensure, that: (a) the predetermined work schedule does not set out weekly working hours above the legislative maximum weekly working hours and that reference hours/days respect the 11 hour consecutive rest period as laid down in Directive 2003/88/EC (b) where notice is given of work, the worker is entitled to be paid for the hours of which he/she was notified. (c) if work is cancelled without due notice, the worker is entitled to the correspondent remuneration for the hours of which they were he/she was notified. This entitlement cannot be replaced by giving the worker a different assignment at a later date.

Amendment 685 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States shall also ensure that the predetermined work schedule may not extend beyond the maximum weekly working hours laid down by law and that the reference hours or days must include a continuous rest period of 11 hours as provided for in Directive 2003/88/EC.

Amendment 686 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States shall ensure that: (a) the predetermined work schedule may not stretch above the legislative maximum weekly working hours and the reference hours/days need to respect the 11 hours consecutive rest period as laid down in Directive2003/88/EC;

Amendment 687 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Where notice is given of a work assignment, the worker is entitled to be paid for the hours of which they were notified. If work assignment is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.

Amendment 688 #

Dennis RADTKE, Heinz K. BECKER, Georges BACH, Thomas MANN

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Where one or both of the requirements laid down in the first subparagraph is not fulfilled, a worker shall have the right to refuse a work assignment without adverse consequences.

Amendment 689 #

Liisa JAAKONSAARI, Eva KAILI

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Where notice is given of work, the worker is entitled to be paid for the hours of which they were notified. If work is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.

Amendment 690 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. After three months of employment, all part-time workers shall be entitled to a minimum number of working hours, which would be based on the average number of hours actually worked during the first three months of employment.

Amendment 691 #

Thomas MANN

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. As a general rule: zero-hour contracts are demeaning to workers. Such contracts should be concluded only in a small number of exceptional cases, if at all.

Amendment 692 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States shall ensure that for every employment relationship the length and the pattern of the normal working time is clearly determined. Employers shall pay a premium for overtime.

Amendment 693 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

Member States may lay down modalities for the application of this Article, in accordance with national law, collective agreements and/or practice.

Amendment 694 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 9 – paragraph 1 a (new)

Member States shall ensure that workers’ work schedules are in compliance with the provisions of Directive 2003/88/EC.

Amendment 695 #

Proposal for a directive
Article 9 – paragraph 1 b (new)

When the period of notice is not respected by the employer, the worker is entitled to refuse the requirement. The employer can not penalise the worker when this refusal is made.

Amendment 696 #

Proposal for a directive
Article 9 – paragraph 1 b (new)

Member States shall prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship.

Amendment 697 #

Dennis RADTKE, Claude ROLIN, Georges BACH

Proposal for a directive
Article 9 – paragraph 1 b (new)

1b. Where notice is given of work, the worker shall be entitled to be paid for the hours of which they were notified;

Amendment 698 #

Proposal for a directive
Article 9 – paragraph 1 b (new)

1b. Zero-hour contracts and similar types of employment contracts are prohibited.

Amendment 699 #

Proposal for a directive
Article 9 – paragraph 1 c (new)

1c. if work is cancelled, the worker shall be entitled to be paid in full for the hours of which they were notified;

Amendment 700 #

Proposal for a directive
Article 9 – paragraph 1 d (new)

1d. employers shall pay a premium for non-guaranteed hours;

Amendment 701 #

Proposal for a directive
Article 9 – paragraph 1 e (new)

1e. that after working for three months for an employer, a worker has a right to a contract guaranteeing their normal hours of work which are to be calculated based on the average of working hours of the past 3 months;

Amendment 702 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN

Proposal for a directive
Article 9 – paragraph 1 f (new)

1f. time worked with the same enterprise, group or entity shall count towards that three-month period

Amendment 703 #

Proposal for a directive
Article 9 a (new)

Article 9a Notification of regular use of workers in variable work schedules and variable reference hours/days Member States shall ensure that an employer who regularly uses workers in variable work schedules and variable reference hours/days shares this information with the competent authorities upon request.

Amendment 704 #

Proposal for a directive
Article 9 b (new)

Article 9b Guaranteed hours providing a minimum level of predictability 1. Member States shall ensure that: (a) after working for three months for an employer, a worker has a right to an employment relationship guaranteeing the average number of hours worked in that period. The guaranteed amount of paid work in an employment relationship shall be deemed to be modified accordingly, in case the average number of hours worked exceed the agreed hours of work; (b) the time worked with the same enterprise, group or entity shall count towards that three-month period; (c) employers shall pay a premium for non-guaranteed hours, to be defined by law or collective agreement. 2. If no provisions are foreseen at national level or applicable collective agreement to prevent abuse arising from the use of variable work schedules, the guaranteed amount of paid work in a contract shall be deemed to be automatically modified reflecting the average number of hours worked in the previous three months.

Amendment 705 #

Proposal for a directive
Article 10

Transition to another form of employment 1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available. 2. written reply within one month of the request. With respect to natural persons acting as employers and micro,10 Article 10 deleted The employer smhall, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged. provide a

Amendment 706 #

Proposal for a directive
Article 10

Transition to another form of employment 1. workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available. 2. written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged.Article 10 deleted Member States shall ensure that The employer shall provide a

Amendment 707 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that ~~workers with~~, after at least six months~~' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available~~ in employment, another form of employment may be agreed between the employee and employer.

Amendment 708 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that workers with at least six months' seniority with the same employer may ~~request~~convert into a form of employment with more predictable and secure working conditions where available. Time worked with the same enterprise, group or entity or natural or legal person shall count towards that six months period.

Amendment 709 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that a workers who has completed his or her probationary period, if any, with at least six months' se~~niority~~rvice with the same employer may request a form of employment with more predictable and secure working conditions where available. Member States may limit the frequency of such requests.

Amendment 710 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that workers with at least six months' seniority with the same employer ~~may request~~, at the same enterprise, group or entity, may request to turn their employment relationship into a form of employment with more predictable and secure working conditions where available.

Amendment 711 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 10 – paragraph 1

1. Member States ~~shall~~may ensure that workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available. Member States may limit the frequency of such requests.

Amendment 712 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that workers ~~with at least six months' seniority with the same employer~~ may request a form of employment with more predictable and secure working conditions where available.

Amendment 713 #

Brando BENIFEI, Emilian PAVEL, Bart STAES

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that workers with at least six months' seniority with the same employer, including traineeships, may request a form of employment with more predictable and secure working conditions where available.

Amendment 714 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that ~~worker~~employees with at least six months' ~~seniority~~continuous service with the same employer may request a form of employment with more predictable and secure working conditions where available.

Amendment 715 #

Proposal for a directive
Article 10 – paragraph 1

Amendment 716 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 10 – paragraph 1

Amendment 717 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a ~~form of employment with~~transition towards another, more predictable and secure wfor~~king conditions~~m of employment, where available.

Amendment 718 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall provide a written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged.deleted

Amendment 719 #

Proposal for a directive
Article 10 – paragraph 2

2. The employer ~~shall provide a written reply within one month of the application. With respect to natural persons acting as employers and micro~~, particularly if the company is an SME, smhall, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged provide at least an oral reply as soon as possible after the application.

Amendment 720 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall provide a justified written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchangedout undue delay, not exceeding a month from the request.

Amendment 721 #

Proposal for a directive
Article 10 – paragraph 2

Amendment 722 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall provide a written reply within one month of the application. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months ~~and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged~~.

Amendment 723 #

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall provide a duly justified written reply within one month of the request. ~~With respect to natural persons acting as employers and micro,~~Any refusal smhall, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchang be based on objective business conditions. In the absence of a reply within one month, the application is deemed to have been approved.

Amendment 724 #

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall provide a written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months ~~and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged~~.

Amendment 725 #

Mara BIZZOTTO, Dominique MARTIN

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall genuinely consider the conversion. A refusal is only allowed if provide ad in writ~~ten reply~~ing based on objective business needs within one month of the request. With respect to natural persons acting as employers and micro~~, small, or medium~~ enterprises, Member States may provide for that deadline to be extended to no more than three months ~~and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged.~~

Amendment 726 #

Proposal for a directive
Article 10 – paragraph 2

2. ~~The employer sh~~Member States, in agreement with the sociall p~~rovide a written reply within one month of the request. With respect to~~artners, shall lay down the time-frame within which, and the manner in which, the employer is required to provide a reply to the request, in such a way as to allow for the particular circumstances of natural persons acting as employers and of micro, small, or medium- sized enterprises,. Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchangedleave those provisions to be dealt with by collective bargaining.

Amendment 727 #

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall provide a written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same ~~worker~~employee if the justification for the reply as regards the situation of the ~~worker~~employee remains unchanged.

Amendment 728 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. If an employer rejects a request for a transfer from atypical employment to traditional employment, he or she must provide the objective economic reasons for this refusal, so that, if the worker considers that the request has been rejected for other reasons, the worker may launch an appeal in which the burden of proof to show otherwise will rest with the employer.

Amendment 729 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. Member States shall ensure that workers with a contract of employment or employment relationship with a temporary work agency who have been assigned to the same user undertaking to work temporarily under its supervision and direction for at least six months must be employed as part of the permanent workforce of the user undertaking.

Amendment 730 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. Should the employer not reply to the request for a more stable from of employment, the conversion is presumed to have taken effect.

Amendment 731 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. If the employer fails to reply to the transition request, the transition shall be deemed to have taken effect.

Amendment 732 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. Should the employer not reply to the demand for conversion, the conversion is presumed to have taken effect.

Amendment 733 #

Proposal for a directive
Article 11

Amendment 734 #

Proposal for a directive
Article 11 – paragraph 1

Amendment 735 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that, where an employer~~s are~~ is required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, ~~such training shall be provided cost-free to the worker~~or which the employer’s general training policy requires for the job in question, such training is available to the worker free of charge.

Amendment 736 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker. Where training does not give the employee an additional diploma but is needed to operate the specific tools/vehicles used by the employer such training shall be provided cost-free to the worker.

Amendment 737 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements or internal rules to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker. The same shall apply to training which took place before the start of the employment relationship but trained the worker for it.

Amendment 738 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES

Proposal for a directive
Article 11 – paragraph 1

Amendment 739 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker and shall take place during working hours. Moreover, workers undertaking training shall continue to be entitled to receive remuneration.

Amendment 740 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, whether prior to or during the employment relationship, such training shall be provided cost-free to the worker who remains entitled to his or her full remuneration.

Amendment 741 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 11 – paragraph 1

Amendment 742 #

Proposal for a directive
Article 11 – paragraph 1

Amendment 743 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employeres are required by their employers, Union or national legislation or relevant collective agreements to ~~provid~~undertake training ~~to w~~in orkders to carry out the work for which they are employed, such training shall be provided cost-free to the ~~worker~~employee.

Amendment 744 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employers are required by Union or national legislation or ~~relevant collective agree~~a bilateral commitments to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker.

Amendment 745 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. Where the amount of training exceeds the employer's legal or contractual obligations concerning training, the employer may insert a training indemnity clause. This must: – be covered under a special agreement concluded before the start of the training, – not have the effect of depriving the employee of the right to resign, in that the amount of the indemnity must not exceed the actual cost of the training and the duration of the employee's commitment must be short.

Amendment 746 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. Member States shall ensure that workers are entitled to a minimum amount of training within working hours equivalent to at least the amount of one normal working week per year.

Amendment 747 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. Member States shall ensure that employers do not successively renew the trainee contract.

Amendment 748 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. The worker remains entitled to its remuneration, as if he/she would have been working.

Amendment 749 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. The worker remains entitled to its remuneration, as if he/she would have been working.

Amendment 750 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. The worker shall have the right to be paid as if he or she were working.

Amendment 751 #

Proposal for a directive
Article 11 – paragraph 1 b (new)

1b. Member States shall ensure that workers are entitled to paid educational leave.

Amendment 752 #

Proposal for a directive
Article 11 – paragraph 1 b (new)

1b. Training must take place during working hours.

Amendment 753 #

Proposal for a directive
Article 11 – paragraph 1 b (new)

1b. The training shall take place during working hours.

Amendment 754 #

Proposal for a directive
Article 11 – paragraph 1 b (new)

1b. The training shall take place during working hours.

Amendment 755 #

Proposal for a directive
Article 11 – paragraph 1 c (new)

1c. Employers must not make unfair deductions from pay.

Amendment 756 #

Proposal for a directive
Article 11 – paragraph 1 c (new)

1c. The employers shall not make unfair deductions from the remuneration.

Amendment 757 #

Proposal for a directive
Article 11 – paragraph 1 c (new)

1c. The employers shall not make unfair deductions from the remuneration.

Amendment 758 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Ole CHRISTENSEN, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 11 a (new)

Article 11a Equal treatment The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status not being of relevance.

Amendment 759 #

Proposal for a directive
Article 12 – paragraph 1

Member States may ~~allow social partners to conclude collective agreements, in conformity with the national law or pra~~, with the consent of the most representative social partners at national level, allow social partners to conclude collective agreements, at the appropriate level, adapting and/or complementing the provisions of Chapter III of this Directicve, in a manner which, whil~~e respecting~~l take account of the specific needs of the ~~over~~sociall p~~rotection of workers, establish arrangements concern~~artners concerned while respecting the minimum requirements laid down ing th~~e working conditions of workers which differ from those referred to in Articles 7 to 11~~is Directive, or to uphold existing collective agreements if they respect the overall level of protection.

Amendment 760 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Rina Ronja KARI, João PIMENTA LOPES

Proposal for a directive
Article 12 – paragraph 1

~~Member States may allow s~~Social partners tocan conclude collective agreements, including collective agreements concluded by the most representative social partners at the national level, in conformity with the national law or practice, which, while respecting the overall protection of workers and providing more favourable working conditions, establish arrangements concerning the working conditions of workers which differ from th~~ose referred to in Articles 7 to 11~~is directive. Any such collective agreement can only be challenged in accordance with national law and/or practice.

Amendment 761 #

Jasenko SELIMOVIC, Lars ADAKTUSSON, Christofer FJELLNER, Anna Maria CORAZZA BILDT, Gunnar HÖKMARK, Fredrick FEDERLEY

Proposal for a directive
Article 12 – paragraph 1

Member States may allow social partners to ~~conclud~~maintain, negotiate, conclude and enforce collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. Member States with a high level of organisation and coverage for the collective agreements, and where the social partners have the primary responsibility to regulate working conditions, may determine that collective agreements concluded at the appropriate level by recognized social partners in accordance with national law, balancing the interests of workers and employers, shall be considered as respecting the overall protection of workers, as long as the purpose of this directive and European Union law is respected.

Amendment 762 #

Proposal for a directive
Article 12 – paragraph 1

Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. Member states with a high level of organisation and coverage for the collective agreements, and where the social partners have the primary responsibility to regulate working conditions, may determine that collective agreements concluded at the appropriate level by recognised social partners in accordance with national law, balancing the interests of workers and employers, shall be considered as respecting the overall protection of workers, as long as the purpose of this directive and European Union law is respected.

Amendment 763 #

Dennis RADTKE, Heinz K. BECKER, Claude ROLIN, Georges BACH, Elmar BROK, Thomas MANN

Proposal for a directive
Article 12 – paragraph 1

Member States ~~may allow~~shall leave it to the social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, and, subject to the minimum requirements laid down in this Directive, establish arrangements concerning the working conditions of workers which ~~differ from those referred to in Articles 7 to 11.~~ adapt, complement and improve provisions laid down in Chapter III.

Amendment 764 #

Proposal for a directive
Article 12 – paragraph 1

Member States ~~may allow~~shall have the right to invite social partners to conclude collective agreements, in conformity with the national law or practice, which, while fully respecting the ~~overall~~level of protection ~~of workers~~provided by this directive, establish arrangements concerning the working conditions of workers which differ from but may not fall below those referred to in Articles 7 to 11.

Amendment 765 #

Proposal for a directive
Article 12 – paragraph 1

Member States ~~may allow~~shall encourage the social partners to ~~conclud~~maintain, negotiate, conclude and enforce collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Aarticles 7 to 11.

Amendment 766 #

Proposal for a directive
Article 12 – paragraph 1

Member States may allow social partners to ~~conclud~~negotiate, conclude and enforce collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

Amendment 767 #

Siôn SIMON

Proposal for a directive
Article 12 – paragraph 1

Member States ~~may allow~~shall strongly encourage social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

Amendment 768 #

Proposal for a directive
Article 12 – paragraph 1

Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of ~~worker~~employees, establish arrangements concerning the working conditions of ~~worker~~employees which differ from those referred to in Articles 7 to 11.

Amendment 769 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

1a. The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment.

Amendment 77 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Recital 2

(2) ~~Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017~~The European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, states that the Principles should be implemented at both Union level and Member State level within their respective competences, taking due account of different socio-economic environments and the diversity of national systems, including the role of social partners, and in accordance with the principles of subsidiarity and proportionality. At Union level, the European Pillar of Social Rights does not entail an extension of the Union’s powers and tasks as conferred by the Treaties. It should be implemented within the limits of those powers. The European Pillar of Social Rights respects the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels. In this context, Principle 7 of the Pillar, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered.

Amendment 770 #

Proposal for a directive
Article 12 a (new)

Article 12a Equal payment The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the abolition of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status is not being of relevance.

Amendment 771 #

Anne SANDER, Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Article 13

Member States shall take all necessary measures to ensure that provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive.Article 13 deleted Compliance

Amendment 772 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 773 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 774 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 775 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 13 – paragraph 1

~~Member States shall take all necessary measures to ensure that p~~Provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements ~~shall be decl~~ared null ~~and~~, void ~~or are~~and amended in order to bring them at least into line with the provisions of this Directive.

Amendment 776 #

Proposal for a directive
Article 13 – paragraph 1

~~Member States shall take all necessary measures to ensure that p~~Provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements ~~shall be decl~~ared null and void ~~or ar~~and shall be amended in order to bring them into line with the provisions of this Directive.

Amendment 777 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA

Proposal for a directive
Article 13 – paragraph 1

~~Member States shall take all necessary measures to ensure that p~~Provisions contrary to this Directive in individual or collective agreements, internal rules of undertakings, or any other arrangements ~~shall be decl~~ared null and void ~~or ar~~and shall be amended in order to bring them at least into line with the provisions of this Directive.

Amendment 778 #

Proposal for a directive
Article 13 – paragraph 1

Member States shall take all necessary measures to ensure that provisions contrary to this Directive in existing individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or are amended in order to bring them into line with the provisions of this Directive.

Amendment 779 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Markus PIEPER

Proposal for a directive
Article 14

Legal presumption and early settlement Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall apply: (a) favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or (b) possibility to submit a complaint to a competent authority in a timely manner. If the competent authorArticle 14 deleted mechanism the worker shall benefity finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employrom the workers shall have the ~~possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.~~

Amendment 78 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA, Ádám KÓSA

Proposal for a directive
Recital 2

(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. Principle 5 also provides that necessary flexibility for employers to adapt swiftly to changes in the economic context must be ensured. Accordingly, rules applicable to non-standard forms of employment must strike a balance between the need to maintain flexibility in order to foster labour market development, and the entitlement of all workers to social protection.

Amendment 780 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN

Proposal for a directive
Article 14

Amendment 781 #

Dennis RADTKE, Georges BACH, Elmar BROK, Thomas MANN

Proposal for a directive
Article 14 – title

14 Legal presumption and early settlement mechanism (mediation)

Amendment 782 #

Proposal for a directive
Article 14 – title

14 Legal presumption ~~and early settlement mechanism~~

Amendment 783 #

Proposal for a directive
Article 14 – title

14 Legal presumption ~~and early settlement mechanism~~

Amendment 784 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 14 – title

Legal presumption ~~and early settlement mechanism~~

Amendment 785 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), 4 (2), Article 5, or Article 6 or any piece of information referred in Article 3 to 11, and the employer has failed to rectify that omission within 15 days of ~~its notification, one of~~the signature of the contract, the following systems shall apply:

Amendment 786 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, ~~and the employer has failed to rectify that omission within 15 days of its notification, one of~~ the following system~~s shall~~ applyies:

Amendment 787 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Amendment 788 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall ensure that, where a ~~worker~~n employee has not received in due time, as defined by national law and practice, all or part of the documents referred to in Article 4(1)~~, Article 5,~~ or Article 65, and the employer has failed to rectify that omission within 1530 days of its notification, one of the following systems shall apply:

Amendment 789 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Ole CHRISTENSEN, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, ~~and the employ~~the worker sha~~s failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:~~ll benefit from favourable presumptions defined by the Member State.

Amendment 79 #

Dennis RADTKE, Dieter-Lebrecht KOCH, Sven SCHULZE, Thomas MANN, Georges BACH, Jeroen LENAERS, Heinz K. BECKER

Proposal for a directive
Recital 2

(2) Principle 75 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions isare to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. It further provides that the necessary flexibility for employers to adapt swiftly to changes in the economic context and to adopt new forms of employment on a collective bargaining basis is to be ensured, in accordance with legislation and collective agreements.

Amendment 790 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Amendment 791 #

Dennis RADTKE, Heinz K. BECKER, Georges BACH, Elmar BROK

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, ~~one of~~ the following systems shall apply:

Amendment 792 #

Proposal for a directive
Article 14 – paragraph 1 – point a

(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; ordeleted

Amendment 793 #

Proposal for a directive
Article 14 – paragraph 1 – point a

Amendment 794 #

Proposal for a directive
Article 14 – paragraph 1 – point a

(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectivelywhere the information provided did not include the information referred to Article 3(2), the employee shall benefit from favourable presumptions defined by the Member State. Employers shall have the possibility to rebut the presumptions; or

Amendment 795 #

Proposal for a directive
Article 14 – paragraph 1 – point a

(a) ~~the worker shall benefit from favourable presumptions defined by the Member State.~~ Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open- ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; or

Amendment 796 #

Proposal for a directive
Article 14 – paragraph 1 – point a

Amendment 797 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 14 – paragraph 1 – point a

Amendment 798 #

Dennis RADTKE, Heinz K. BECKER, Georges BACH, Elmar BROK

Proposal for a directive
Article 14 – paragraph 1 – point a

Amendment 799 #

Proposal for a directive
Article 14 – paragraph 1 – point a

Amendment 80 #

Dennis RADTKE, Sven SCHULZE, Dieter-Lebrecht KOCH, Jeroen LENAERS, Georges BACH, Heinz K. BECKER

Proposal for a directive
Recital 2 a (new)

(2a) Principle 7 provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.

Amendment 800 #

Proposal for a directive
Article 14 – paragraph 1 – point a a (new)

(aa) These presumptions shall move the responsibility for the burden of proof away from the worker and oblige employers to provide evidence that they have complied with all legal or contractual provisions.

Amendment 801 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Ole CHRISTENSEN, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 14 – paragraph 1 – point b

(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.deleted

Amendment 802 #

Proposal for a directive
Article 14 – paragraph 1 – point b

Amendment 803 #

Proposal for a directive
Article 14 – paragraph 1 – point b

Amendment 804 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 14 – paragraph 1 – point b

Amendment 805 #

Dennis RADTKE, Heinz K. BECKER, Georges BACH, Elmar BROK

Proposal for a directive
Article 14 – paragraph 1 – point b

(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner and to receive an adequate response within a reasonable time frame. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

Amendment 806 #

Proposal for a directive
Article 14 – paragraph 1 – point b

Amendment 807 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Ole CHRISTENSEN, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 14 – paragraph 1 – point b

(b) the ~~worker~~employee shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 1530 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

Amendment 808 #

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions.

Amendment 809 #

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. Paragraph 1 shall not be applied to an employer who does not inform or wrongly informs posted workers about the remuneration to which the worker is entitled in accordance with the applicable law of the host Member State due to lack of or wrongly provided information on the official national website(s) developed by the host Member State(s) pursuant to Article 5(2) of Directive 2014/67/EU.

Amendment 81 #

Jérôme LAVRILLEUX, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a directive
Recital 2 a (new)

(2a) The establishment of the European Pillar of Social Rights does not affect the right of Member States to define the fundamental principles of their social security systems and manage their public finances, and must not significantly affect the financial equilibrium thereof.

Amendment 810 #

Proposal for a directive
Article 14 – paragraph 1 a (new)

Member States may provide that workers shall give prior notification to the employer of their decision to access the above systems. If the worker does not receive a response from the employer within a reasonable time, he or she may then trigger one of these two systems.

Amendment 811 #

Proposal for a directive
Article 14 a (new)

Article 14a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within the term imposed by the competent authority, following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. Provisions of this mechanism are without prejudice to any judiciary procedure or labour inspectorate action.

Amendment 812 #

Proposal for a directive
Article 14 a (new)

Article 14a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. This settlement mechanism is without prejudice to any judicial procedure.

Amendment 813 #

Proposal for a directive
Article 14 b (new)

Article 14b Primacy of facts The determination of the existence of an employment relationship shall be guided by the facts relating to the actual performance of work and not on the basis of how the parties describe the relationship.

Amendment 814 #

Proposal for a directive
Article 15 – paragraph 1

Member States shall ensure that workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive and of all the rights they enjoy under an employment relationship, in particular pursuant to national law.

Amendment 815 #

Proposal for a directive
Article 15 – paragraph 1

Member States shall ensure that ~~worker~~employees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive.

Amendment 816 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 15 – paragraph 1 a (new)

1a. Where one or more natural or legal persons are participating in, or are directly or indirectly party to, an employment relationship with a worker, they shall be responsible for the obligations under this Directive.

Amendment 817 #

Proposal for a directive
Article 15 – paragraph 1 a (new)

1a. When there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations.

Amendment 818 #

Proposal for a directive
Article 15 – paragraph 1 a (new)

1a. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.

Amendment 819 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES

Proposal for a directive
Article 15 – paragraph 1 a (new)

Amendment 82 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment ~~are often~~, however, are often precarious and not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. Non-standard forms of employment are particularly common among younger generations of workers. Precariousness affects young people disproportionately, as their position in the labour market is already vulnerable, due to protracted transitions between education and employment and a general lack of entry-level jobs. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order to adequately to frame the development of new forms of employment, protect workers in the Union, and young workers in particular, workers should also be provided with a number of new minimum rights aimed at promoting quality, security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 820 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 15 a (new)

Article 15a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. This settlement mechanism is without prejudice to any judicial procedure.

Amendment 821 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce measures necessary to protect workers, including workers who are employees' or trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from ~~a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with~~exercising the rights provided for in this Directive.

Amendment 822 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce measures necessary to protect every workers, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from ~~a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the~~exercising a rights provided ~~for~~ in this Directive.

Amendment 823 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce measures necessary to protect all workers regardless of their legal or formal status, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from ~~a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the~~exercising a rights provided ~~for~~ in this Directive.

Amendment 824 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce measures necessary to protect workers, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Amendment 825 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce measures necessary to protect ~~worker~~employees, including ~~workers~~those who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Amendment 826 #

Proposal for a directive
Article 16 – paragraph 1 a (new)

1a. Member States shall ensure that this Directive is implemented in all regions of the European Union, providing protection for workers in the outermost regions in particular.

Amendment 827 #

Proposal for a directive
Article 17

Protection from dismissal and burden of 1. necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. 2. have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. 3. 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 has been such dismissal or its equivalent, it shall be for the respondent toArticle 17 deleted proof Member States shall take the Workers who consider that they Member States shall take the Paragraph 3 shall not proeve that the dismissal was based on grounds other than those referred to in paragraph 1. 4. Member States from introducing rules of evidence which are more favourable to plaintiffs. 5. paragraph 3 to proceedings in which it is for the court or competent body to investigate the facts of the case. 6. criminal procedures, unless otherwise provided by the Member State.nt Member States need not apply Paragraph 3 shall not apply to

Amendment 828 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to ~~prohibit~~stop and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. As well as the necessary measures shall include the right to reinstatement and compensation.

Amendment 829 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to prohibit and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. The necessary measures shall also include the right to reinstatement and compensation.

Amendment 83 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular ~~or stable~~ as traditional employment relationships and can lead to reduced predictability for the ~~workers~~employee concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for ~~worker~~employees to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 le at the same time maintaining certain degree of flexibility in employment relationships. __________________ 33 Council Directive 91/533/EC of 14 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 830 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. These measures shall include the right to reinstatement and compensation.

Amendment 831 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. Such measures shall include the right to reinstatement and compensation.

Amendment 832 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of ~~worker~~employees, on the grounds that they exercised the rights provided for in this Directive.

Amendment 833 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to pr~~ohibi~~event the dismissal or its equivalent ~~and all preparations for dismissal~~ of workers, on the grounds that they exercised the rights provided for in this Directive.

Amendment 834 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent ~~and all preparations for dismissal~~ of workers, on the grounds that they exercised the rights provided for in this Directive.

Amendment 835 #

Proposal for a directive
Article 17 – paragraph 1 a (new)

1a. Employers seeking to dismiss workers who have exercised the rights provided for in this Directive must seek prior authorisation from the national labour authorities.

Amendment 836 #

Proposal for a directive
Article 17 – paragraph 2

Amendment 837 #

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall provide that the deadline for bringing an action contesting dismissal be suspended for as long as the worker has not received a written justification from the employer.

Amendment 838 #

Michaela ŠOJDROVÁ, Romana TOMC, Danuta JAZŁOWIECKA, Ádám KÓSA

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall ensure that the deadline for bringing an action contesting the dismissal is suspended as long as the worker has not received written justification from the employer.

Amendment 839 #

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall ensure that the term for bringing an action contesting the dismissal is suspended, as long as the worker has not received written justification from the employer.

Amendment 84 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. It must be recognized that flexible forms of employment also have a positive impact on the labour market and workers, as they foster innovation and facilitate access to the labour market to individuals who are not apt to work in a standard form of employment. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 840 #

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. As long as the worker has not received written justification from the employer, Member States shall suspend the deadline for bringing an action contesting the dismissal.

Amendment 841 #

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed upon completion of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.

Amendment 842 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed after expiry of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.

Amendment 843 #

Proposal for a directive
Article 17 – paragraph 2

2. ~~Worker~~Employees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.

Amendment 844 #

Proposal for a directive
Article 17 – 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 has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.deleted

Amendment 845 #

Javi LÓPEZ, Evelyn REGNER, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 17 – paragraph 3

3. Member States shall take the necessary measures to ensure that, when ~~worker~~employees referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.

Amendment 846 #

Proposal for a directive
Article 17 – paragraph 6 a (new)

6a. If the employer fails to provide substantiated grounds for the dismissal or its equivalent in accordance with Article 17 (2), it shall be presumed that the worker was dismissed on the grounds of exercising the rights of this Directive. Legal consequences of any preparations to or any dismissal due to the exercise of the rights provided for in this Directive are invalid.

Amendment 847 #

Proposal for a directive
Article 17 – paragraph 6 a (new)

6a. Legal consequences of any preparations to or any dismissal due to the exercise of the rights provided for in this Directive are invalid.

Amendment 848 #

Proposal for a directive
Article 17 a (new)

Article 17a Burden of proof of the existence of an employment relationship The burden of proof of absence of an employment relationship shall be on the natural or legal person identifiable as employer.

Amendment 849 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 18 – paragraph 1

Member States ~~shall~~may lay down ~~the~~ rules on penalties applicable to infringements of ~~the~~ national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensationThe penalties provided must be effective and proportionate.

Amendment 85 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often ~~not as regular or stable as traditional employment relationships and lead to~~characterised by their instability in comparison with traditional employment relationships. This instability makes employment insecure, which means that the transition between two jobs takes a long time and entails reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 850 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, ~~proportionate and dissuasive. They~~dissuasive and proportionate to the number of infringements and to the delay the employer is taking in providing the document to the worker. Penalties may take the form of a fine. They mayust also comprise appropriate payment of compensation.

Amendment 851 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. The penalties shall ~~be effective, proportionate and dissuasive. They may take the form of a fine. They may also~~ comprise payment of compensation.

Amendment 852 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on sanctions and penalties applicable toagainst employers for infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They ~~may~~shall also comprise proportionate payment of compensation.

Amendment 853 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. ~~They may take the form of a fine. They may also comprise payment of compensation.~~

Amendment 854 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They ~~may~~shall also comprise an appropriate and at least proportional payment of compensation.

Amendment 855 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of appropriate compensation.

Amendment 856 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties ~~are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensation~~, that may take the form of fines or compensation payments, for instance, are applied. Penalties shall be effective, proportionate and dissuasive.

Amendment 857 #

Proposal for a directive
Article 18 – paragraph 1 a (new)

Financial sanctions and penalties shall increase in amount according to (a) the number of infringements; (b) the delay the employer is taking in providing the information to the worker, according to Article 3.

Amendment 858 #

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. Financial sanctions shall increase in amount according to the number of infringements or to the delay the employer is taking in providing the document to the worker.

Amendment 859 #

Proposal for a directive
Article 18 a (new)

Article 18a Equal treatment The Member States shall ensure: (a) that the principle of equal pay and terms and conditions apply to all workers, regardless of their employment status, with respect to comparable permanent workers; (b) where there is no comparable permanent worker in the same establishment, that the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice; (c) the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment, regardless of the employment status.

Amendment 86 #

Dennis RADTKE, Georges BACH, Heinz K. BECKER, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Thomas MANN

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone ~~far-reaching~~ changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment ~~are often not as regular or stable as~~can vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty ~~as to~~over applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a ~~written form and in a timely mann~~timely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 860 #

Proposal for a directive
Article 18 b (new)

Article 18b Access to social protection Member States shall ensure that workers have access to social protection by extending formal coverage on a mandatory basis to all workers, regardless of the type of their employment relationship.

Amendment 861 #

Proposal for a directive
Article 18 c (new)

Article 18c Health and safety at work Member States shall take the necessary measures to ensure that workers in variable work schedules and variable reference hours/days have access to safety and health protection, prevention services and facilities with regard to the health and safety at work appropriate to the nature of their work.

Amendment 862 #

Dennis RADTKE, Claude ROLIN, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Elmar BROK, Thomas MANN

Proposal for a directive
Article 19 – title

MNon-regression clause and more favourable provisions

Amendment 863 #

Dennis RADTKE, Claude ROLIN, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Elmar BROK, Thomas MANN

Proposal for a directive
Article 19 – paragraph 1

1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. This Directive shall not be applied and interpreted in such a way as to undermine, restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection.

Amendment 864 #

Proposal for a directive
Article 19 – paragraph 1

1. This Directive ~~shall~~does not constitute valid grounds for reducing the ~~general~~ level of protection already afforded to workers within Member States. in any form. Member States shall gradually improve the level of protection for workers within the areas which fall under the scope of this Directive.

Amendment 865 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Article 19 – paragraph 1

1. TImplementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States and for undermining better working conditions provided for in collective agreements.

Amendment 866 #

Proposal for a directive
Article 19 – paragraph 1

1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States and in relation to areas to which it applies.

Amendment 867 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Evelyn REGNER, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ

Proposal for a directive
Article 19 – paragraph 1

1. This Directive shall not constitute valid grounds, when implemented, for reducing the general level of protection already afforded to workers within Member States.

Amendment 868 #

Proposal for a directive
Article 19 – paragraph 1

1. TApplication of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.

Amendment 869 #

Proposal for a directive
Article 19 – paragraph 1

1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to ~~worker~~employees within Member States.

Amendment 87 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes ~~due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth~~. New forms of employment are often not as regular or stable as traditional employment relationships and lead, among others, to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be not only fully informed about, but also better protected as regards their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 870 #

Proposal for a directive
Article 19 – paragraph 2

2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to ~~worker~~employees or to encourage or permit the application of collective agreements more favourable to ~~worker~~employees.

Amendment 871 #

Proposal for a directive
Article 19 – paragraph 3

3. This Directive is without prejudice to any other rights conferred on ~~worker~~employees by other legal acts of the Union.

Amendment 872 #

Dennis RADTKE, Heinz K. BECKER, Claude ROLIN, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Elmar BROK

Proposal for a directive
Article 20 – paragraph 1 a (new)

1a. Member States shall ensure that the social partners are involved in the overall implementation of this Directive and provide them with the necessary means for such involvement to be effective.

Amendment 873 #

Proposal for a directive
Article 20 – paragraph 1 a (new)

1a. Member States shall involve the social partners in the implementation of this Directive.

Amendment 874 #

Georgi PIRINSKI

Proposal for a directive
Article 20 a (new)

Article 20a Inspections and monitoring Member States shall ensure that national labour inspection bodies enforce the provisions relating to workers' rights laid down in this Directive. Member States should ensure that national labour inspectorates have sufficient staff and operational capabilities at least in line with the requirements of ILO Convention 81 concerning Labour Inspection in Industry and Commerce. Union-level coordination and specific training shall be provided to national labour inspection bodies to facilitate such enforcement. Member States shall ensure that effective and adequate inspections are carried out to monitor the implementation of this Directive.

Amendment 875 #

Proposal for a directive
Article 20 a (new)

Article 20a Facilitation of complaints Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.

Amendment 876 #

Proposal for a directive
Article 20 a (new)

Amendment 877 #

Javi LÓPEZ, Sergio GUTIÉRREZ PRIETO, Agnes JONGERIUS, Michael DETJEN, Miapetra KUMPULA-NATRI, Joachim SCHUSTER, Georgi PIRINSKI, Vilija BLINKEVIČIŪTĖ, Elena GENTILE

Proposal for a directive
Article 20 b (new)

Article 20b Enforcement and Monitoring Member States shall ensure that the labour inspection bodies, at the relevant level, enforce the provisions laid down in this Directive. For this purpose, adequate and specific training shall be provided. To facilitate the monitoring of the implementation of this Directive Member States shall ensure Union-level coordination and that effective and adequate inspections are carried out to control the rights laid down in this Directive.

Amendment 878 #

Dennis RADTKE, Heinz K. BECKER, Georges BACH, Elmar BROK, Thomas MANN

Proposal for a directive
Article 21 – title

Transitional provisions and preservation of existing arrangements

Amendment 879 #

Proposal for a directive
Article 21 – paragraph 1

The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.

Amendment 88 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which ~~have supported job creation and labour market growth. New forms of employment~~ are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty a~~s to~~nd precariousness as to working conditions, applicable rights and social protection. In this evolving world of work, there is therefore an increased need for all workers in all types of employment relationship to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers ~~in the Union~~ should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market ~~adaptabili~~legal certainty. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 880 #

Proposal for a directive
Article 21 – paragraph 1

Amendment 881 #

Proposal for a directive
Article 21 – paragraph 1

Amendment 882 #

Dieter-Lebrecht KOCH, Thomas MANN, Sven SCHULZE, Heinz K. BECKER, Markus PIEPER

Proposal for a directive
Article 21 – paragraph 1

The rights and obligations set out in this Directive shall apply ~~to existing~~only to new employment relationships entered into as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.

Amendment 883 #

Dennis RADTKE, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Elmar BROK

Proposal for a directive
Article 21 – paragraph 1

The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker or the social partners. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.

Amendment 884 #

Proposal for a directive
Article 21 – paragraph 1

The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1)~~, Article 5~~ and Article 65 only upon request of a ~~worker~~n employee. The absence of such request shall not have the effect of excluding ~~worker~~employees from the minimum rights established under this Directive.

Amendment 885 #

Proposal for a directive
Article 21 – paragraph 1 a (new)

Member States shall take the necessary measures to support natural persons acting in their capacity as employers and companies, in particular very small and medium-sized enterprises, to help them fulfil their obligations under this Directive.

Amendment 886 #

Dennis RADTKE, Heinz K. BECKER, Georges BACH, Elmar BROK, Thomas MANN

Proposal for a directive
Article 21 – paragraph 1 a (new)

Employment contracts concluded before [entry into force date] shall be exempt.

Amendment 887 #

Proposal for a directive
Article 21 a (new)

Article 21a Inspections Member States shall ensure that effective and adequate inspections are carried out to control the rights laid down in this Directive.

Amendment 888 #

Dennis RADTKE, Sven SCHULZE, Thomas MANN, Dieter-Lebrecht KOCH, Heinz K. BECKER, Claude ROLIN, Georges BACH, Anne SANDER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER

Proposal for a directive
Article 22 – paragraph 1

By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.

Amendment 889 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, João PIMENTA LOPES

Proposal for a directive
Article 22 – paragraph 1

By [entry into force date + 8 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on micro, small, and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.

Amendment 89 #

Proposal for a directive
Recital 3

Amendment 890 #

Proposal for a directive
Article 22 – paragraph 1

By [entry into force date + 85 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.

Amendment 891 #

Proposal for a directive
Article 22 – paragraph 1

By [entry into force date + 8 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on ~~small and medium-sized~~ micro-enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.

Amendment 90 #

Proposal for a directive
Recital 3 a (new)

(3a) The instability of employment is liable to make it insecure in view, in particular, of the lack of portability of entitlements to social protection, both compulsory and additional, during periods of transition between jobs.

Amendment 91 #

Proposal for a directive
Recital 4

(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union. Moreover, gaps in protection have emerged for new forms of employment created as a result of labour market developments since 1991.deleted

Amendment 92 #

Eider GARDIAZABAL RUBIAL, Brando BENIFEI, Emilian PAVEL, Bart STAES, Tomáš ZDECHOVSKÝ

Proposal for a directive
Recital 4

(4) Pursuant to Directive 91/533/EEC ~~the majority of worker~~employees in the Union have the right to receive written information ~~about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union. Moreover, gaps in protection have emerged for new forms~~containing information on the essential elements of their contract or employment relationship. Taking into account the changing nature of employment crelat~~ed as a result of~~ionships and labour market developments ~~since 1991~~in the Member States since 1991, amendments are necessary in order to ensure that all employees are informed about their essential working conditions.

Amendment 93 #

Proposal for a directive
Recital 4

(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union. Moreover, ~~gaps in protection have emerged for~~the rise of new forms of employment, created as a result of labour market developments since 1991, has further highlighted existing gaps in protection.

Amendment 94 #

Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Kostas CHRYSOGONOS, João PIMENTA LOPES

Proposal for a directive
Recital 4

(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union, which is a necessity. Moreover, gaps in protection have emerged for new forms of employment created as a result of labour market developments since 1991.

Amendment 95 #

Proposal for a directive
Recital 5

(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions, while maintaining reasonable flexibility of non- standard employment, thus preserving its benefits for workers and employers.

Amendment 96 #

Proposal for a directive
Recital 5

(5) MWhile fully respecting the principles of subsidiarity and proportionality, minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every ~~worker~~employee should therefore be established ~~at Union level~~ in order to guarantee all ~~worker~~employees in the Union an adequate degree of transparency and predictability as regards their working conditions.

Amendment 97 #

Proposal for a directive
Recital 5

(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers ~~in the Union an adequat~~, regardless of their formal status, in the Union the highest possible degree of transparency and predictability as regards their working conditions.

Amendment 98 #

Proposal for a directive
Recital 5

(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be strengthened and established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions.

Amendment 99 #

Proposal for a directive
Recital 5 a (new)

(5a) Member States may provide, on objective grounds, that provisions laid down in Chapter III shall not apply to the armed forces, and the police authorities, firemen, and other law enforcement services.

source: 623.835

2018/07/05 JURI 211 amendments...

Amendment 100 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use ~~either~~ of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26.

Amendment 101 #

Proposal for a directive
Recital 29

(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities~~, elements of which~~; this system should be fully applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights. It should be also urgently considered to broaden these enforcement provisions to all matters relating to working conditions.

Amendment 102 #

Proposal for a directive
Recital 29

(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which should be applied to this Directive in order to ensure that workers, as defined in Article 2 of this Directive, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights.

Amendment 103 #

Proposal for a directive
Recital 33 a (new)

(33a) As effective enforcement of rules of the European Union matters to Europeans a robust, efficient and effective system is needed to ensure that Member States fully apply, implement and enforce EU law and provide adequate redress. In particular in the event of collective redundancies workers should benefit from such a system. Therefore Members States should allow trade unions to seek representative actions aimed at the protection of the collective interests of workers.

Amendment 104 #

Proposal for a directive
Recital 33 a (new)

(33a) The burden of proof that there has been no employment relationship should fall on the natural or legal person identifiable as employer based on the primacy of facts.

Amendment 105 #

Proposal for a directive
Recital 33 b (new)

(33b) Persons reporting situations of infringements of the rights provided under this Directive, should be fully protected by current and future European rules regarding the protection of whistleblowers.

Amendment 106 #

Proposal for a directive
Recital 36 a (new)

(36a) Work must be structured according to its individual and collective economic goals, but also as an instrument through which the worker achieves fulfilment as a human being.

Amendment 107 #

Proposal for a directive
Recital 36 b (new)

(36b) To this extent, work acquires a personal and individual dimension, as well as a collective and social dimension.

Amendment 108 #

Proposal for a directive
Recital 37

Amendment 109 #

Proposal for a directive
Recital 36 b (new)

(36b) To this extent, work thus acquires a personal and individual dimension, as well as a collective and social dimension.

Amendment 110 #

Proposal for a directive
Recital 38

Amendment 111 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability and the efficient and non-discriminatory application of the law.

Amendment 112 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure, transparent and predictable employment while ensuring labour market adaptability.

Amendment 113 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure, transparent and predictable employment while ensuring labour market adaptability.

Amendment 114 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure ~~and predictable employment while ensuring labour market adaptability~~, transparent, clear, informed and predictable employment.

Amendment 115 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union having an employment contract or employment relationship as defined by the applicable national law, collective agreements or practice in force in each Member State.

Amendment 116 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union. These minimum rights apply to every person who is de facto a worker regardless of their formal status or the existence of a written employment contract.

Amendment 117 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Unpublic and private sector in the European Union without exception.

Amendment 118 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union under Article (2)(1)(a).

Amendment 119 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 120 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 121 #

Proposal for a directive
Article 1 – paragraph 3

3. ~~Member States may decide~~(Does not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 8 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.o English version) (This amendment applies to the whole text)

Amendment 122 #

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 123 #

Proposal for a directive
Article 1 – paragraph 4 a (new)

4a. Paragraph 2 is without prejudice to workers who are undergoing training including trainees and apprentices.

Amendment 124 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.

Amendment 125 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. Nevertheless, the Employers shall continue to be responsible for ensuring that the obligations laid down therein are met appropriately and in full. This paragraph is without prejudice to Directive 2008/104/EC.

Amendment 126 #

Proposal for a directive
Article 1 – paragraph 6

Amendment 127 #

Proposal for a directive
Article 1 – paragraph 6

Amendment 128 #

Proposal for a directive
Article 1 – paragraph 7

7. Chapter II of this Directive applies to seafarers and sea fishermen, taking into account the specific conditions of the sector, without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively or any relevant Union provisions being more specific and granting a higher level of protection to seafarers and fishermen. The obligations set out in Articles 3(2) (k), (l), (n),4(2), 6, 8, 9 and 10 shall not apply to seafarers and sea fishermen.

Amendment 129 #

Proposal for a directive
Article 1 – paragraph 7

7. ~~Chapter II of t~~This Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively.

Amendment 130 #

Proposal for a directive
Article 2 – paragraph 1 – point a

~~(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;~~deleted

Amendment 131 #

Proposal for a directive
Article 2 – paragraph 1 – point a

Amendment 132 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who ~~for a certain period of time~~ performs services for and under the direction of another person ~~in return for remuneration~~;

Amendment 133 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of an~~other person~~ employer in return for remuneration;

Amendment 134 #

Proposal for a directive
Article 2 – paragraph 1 – point b

~~(b) 'employer' means one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker;~~deleted

Amendment 135 #

Proposal for a directive
Article 2 – paragraph 1 – point b

(b) 'employer' means one or more natural or legal person(s) ~~who~~(virtual platform or otherwise) who employ(s) the services of one or more workers and is or are directly or indirectly party to an employment relationship with a worker(s);

Amendment 136 #

Proposal for a directive
Article 2 – paragraph 1 – point b

(b) 'employer' means ~~one or more~~a natural or legal person~~(s) who i~~ that engages wor ~~are~~kers directly or indirectly ~~party to an employment relationship with a worker;~~.

Amendment 137 #

Proposal for a directive
Article 2 – paragraph 1 – point c

~~(c) 'employment relationship' means the work relationship between workers and employers as defined above;~~deleted

Amendment 138 #

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) 'reference hours and days' means schedules, shifts and any time slots in specified days during which work can take place at the request of the employer.;

Amendment 139 #

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) 'reference hours and days' means time slots in specified days during which work can take place ~~at the request of the employer~~.

Amendment 140 #

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) ‘'reference hours and days' means time slots in specified days during which work can take place ~~at the request of the employer.~~;

Amendment 141 #

Proposal for a directive
Article 2 – paragraph 1 – point e a (new)

(ea) 'probationary period' means a preagreed period of time wherein a worker’s performance is monitored closely in order to assess his capabilities and in which the employment relationship can be terminated without having to provide any reason whatsoever.

Amendment 142 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship and that the workers have the right to demand such information.

Amendment 143 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include, but not limited to:

Amendment 144 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include at least:

Amendment 145 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include at least:

Amendment 146 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall include at least:

Amendment 147 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) the identities of the parties to the employment relationship including at least full names, addresses and, if applicable, legal representatives;

Amendment 148 #

Proposal for a directive
Article 3 – paragraph 2 – point e

(e) in the case of a temporary employment relationship, the end date or the expected duration thereof, the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;

Amendment 149 #

Proposal for a directive
Article 3 – paragraph 2 – point g

(g) any ~~training entitlement provided by the employer~~right to training provided by the employer if he is obliged to do so by law, under the terms of collective agreements or in accordance with the employer’s general training policy;

Amendment 150 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice and the requirements for the notice of termination, time limits for enforcing claims, which shall include time frames for the seeking of action contesting dismissal or compensation for accidents/injuries at work and for any infringement of labour rights;

Amendment 151 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method for determining such period of notice, as well as the formal requirements for the notice of termination and the deadline for bringing an action contesting dismissal;

Amendment 152 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method, as well as the formal requirements for determining such period of notice;, as well as the deadlines for taking action contesting the dismissal

Amendment 153 #

Proposal for a directive
Article 3 – paragraph 2 – point i

Amendment 154 #

Proposal for a directive
Article 3 – paragraph 2 – point j

Amendment 155 #

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements including all kinds of boni and the amount of social security contribution paid by the employer, the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment 156 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)

(iia) the conditions and the level of financial compensation in case of cancellation of work by the employer.

Amendment 157 #

Proposal for a directive
Article 3 – paragraph 2 – point m

(m) any collective agreements governing the worker's conditions of work as well as time limits laid down in the collective agreements for claims arising from those agreements; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded;

Amendment 158 #

Proposal for a directive
Article 3 – paragraph 2 – point m

Amendment 159 #

Proposal for a directive
Article 3 – paragraph 2 – point n a (new)

(na) any time limits for enforcing claims against the employer;

Amendment 160 #

Proposal for a directive
Article 3 – paragraph 2 – point n b (new)

(nb) any benefits in kind which the employer provides for the worker;

Amendment 161 #

Proposal for a directive
Article 3 – paragraph 2 – point n c (new)

(nc) any categorization into a general pay scheme;

Amendment 162 #

Proposal for a directive
Article 3 – paragraph 3

3. The information referred to in paragraph 2(f) to (k) and (n) ~~may, where appropriate, be given in the form of~~shall be accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment 163 #

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. The information referred to in Article 3(2) must not be construed as a declaration of acceptance by the worker.

Amendment 164 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in 1. Article 3(2) shall be provided individually to the worker in the form of a document a~~t the latest on~~s early as possible and at the latest, where applicable, the moment the employment contract is signed and before the first day of the employment relations~~hip~~. That document may be ~~provided and transmitted electronically~~sent electronically directly to the worker as long as it is easily accessible by the worker and it may also be accessible to the entity controlling working conditions and can be stored and printed.

Amendment 165 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a written paper document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as reception can be confirmed and as long as it is easily accessible by the worker and can be stored and printed.

Amendment 166 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a written document ~~at the latest on the first day~~before commencement of the employment relationship. TAt the request of the worker, that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.

Amendment 167 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. The document shall be provided at the same moment in time to the worker representative and the responsible social protection authorities.

Amendment 168 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall develop templates ~~and~~or models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. The European Commission shall assist Member States in producing these templates or models in order to avoid any discrepancies in content between the various Member States.

Amendment 169 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States after consultation with stakeholders and social partners, shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.

Amendment 170 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States, after consultation with social partners, shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means.

Amendment 171 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a ~~clear, transparent, comprehensive and~~n easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesses.

Amendment 172 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 173 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a written document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect.

Amendment 174 #

Proposal for a directive
Article 6 – paragraph 1 – introductory part

1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided within a reasonable period before his or her departure and shall include at least the following additional information:

Amendment 175 #

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) the exact place of work in the country or countries in which the work abroad is to be performed and its duration, as well arrangements for the possible lengthening or shortening of the period of work;

Amendment 176 #

Proposal for a directive
Article 6 – paragraph 1 – point a

(a) the country or countries as well as exact place or places in which the work abroad is to be performed and its duration;

Amendment 177 #

Proposal for a directive
Article 6 – paragraph 1 – point a a (new)

(aa) the working hours, the rules on public holidays and tax and security arrangements;

Amendment 178 #

Proposal for a directive
Article 6 – paragraph 1 – point a b (new)

(ab) the name of the line manager who the worker reports to for the duration of the posting;

Amendment 179 #

Proposal for a directive
Article 6 – paragraph 1 – point d

(d) ~~where applicable,~~ the conditions governing the worker's repatriation.

Amendment 180 #

Proposal for a directive
Article 6 – paragraph 1 – point d a (new)

(da) the work schedule and rules regarding legal holidays in the country or countries in which they are to work;

Amendment 181 #

Proposal for a directive
Article 6 – paragraph 1 – point d a (new)

(da) any arrangements for the possible lengthening or shortening of the period of work;

Amendment 182 #

Proposal for a directive
Article 6 – paragraph 1 – point d a (new)

(da) where applicable, the changes to the worker’s social security situation.

Amendment 183 #

Proposal for a directive
Article 6 – paragraph 1 – point d b (new)

(db) the name of the line manager in the place or places of work where the work abroad is to be performed;

Amendment 184 #

Proposal for a directive
Article 6 – paragraph 1 – point d b (new)

(db) the name of the line manager or line managers whom the worker reports;

Amendment 185 #

Proposal for a directive
Article 6 – paragraph 1 – point d c (new)

(dc) any rules on public holidays in the country or countries in which the work abroad is to be performed;

Amendment 186 #

Proposal for a directive
Article 6 – paragraph 1 – point d c (new)

(dc) information on social security measures and taxes levied by the host country.

Amendment 187 #

Proposal for a directive
Article 6 – paragraph 1 – point d d (new)

(dd) any changes in tax and social security arrangements for the period in which the work abroad is to be performed;

Amendment 188 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. Member States shall ensure that, if the worker sent abroad is a posted worker covered by Directive 96/71/EC, he or she shall in addition, as stated in Article 4(1), be notified of:

Amendment 189 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the employment conditions under Article 3.1 of Directive 96/71/EC including remuneration to which the worker is entitled in accordance with the applicable law of the host Member State;

Amendment 190 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 191 #

Proposal for a directive
Article 6 – paragraph 3

3. The information referred to in paragraph 1(b) and 2(a) ~~may, where appropriate, be~~shall be clearly given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points and made available or translated in a language that the posted workers are able to understand.

Amendment 192 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 193 #

Proposal for a directive
Article 6 – paragraph 3

3. The information referred to in paragraph 1(b) and 2(a) ~~may, where appropriate, be given in the form of a~~shall be given in writing clearly outlining the reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.

Amendment 194 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 195 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 196 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed ~~six months, including any extension~~that stipulated in the national legislation or relevant collective agreements.

Amendment 197 #

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed ~~six~~one months, including any extension.

Amendment 198 #

Proposal for a directive
Article 7 – paragraph 2

~~2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker.~~deleted

Amendment 199 #

Proposal for a directive
Article 7 – paragraph 2

2. Member States may provide for longer probationary periods only in cases where this is appropriately justified by the nature of the employment, the skills, the work conditions or is in the interest of the worker.

Amendment 200 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. A probation period shall not hamper the accrual of rights.

Amendment 201 #

Proposal for a directive
Article 7 – paragraph 2 b (new)

2b. A probation period can only be agreed in cases of open-ended contracts.

Amendment 202 #

Proposal for a directive
Article 8 – title

Employment ~~in parallel~~with other employers

Amendment 203 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers~~, outside the work schedule established with that employer~~.

Amendment 204 #

Proposal for a directive
Article 8 – paragraph 2

Amendment 205 #

Proposal for a directive
Article 8 – paragraph 2

Amendment 206 #

Proposal for a directive
Article 8 – paragraph 2

Amendment 207 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Amendment 208 #

Proposal for a directive
Article 9 – paragraph 1 – point a

Amendment 209 #

Proposal for a directive
Article 9 – paragraph 1 – point b

Amendment 210 #

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)

(ba) the modification is not in conflict with any legitimate interests of the worker;

Amendment 211 #

Proposal for a directive
Article 9 – paragraph 1 – point b b (new)

(bb) the modification is not in conflict with any other agreements;

Amendment 212 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

Member States shall ensure that for every employment relationship the length and the pattern of the normal working time is clearly determined. Employers shall pay a premium for overtime.

Amendment 213 #

Proposal for a directive
Article 10 – paragraph 1

Amendment 214 #

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that workers with at least six months' seniority with the same employer ~~may request~~shall be entitled to obtain a form of employment with more predictable and secure working conditions where available.

Amendment 215 #

Proposal for a directive
Article 10 – paragraph 2

Amendment 216 #

Proposal for a directive
Article 10 – paragraph 2

2. The employer shall provide an appropriately substantiated written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than ~~thre~~one months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged.

Amendment 217 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

Amendment 218 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. Should the employer not reply to the demand for conversion within one month, the conversion is presumed to have taken effect from the first day following this period.

Amendment 219 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide any training or education to workers to carry out the work for which they are employed, such training or education shall be provided cost-free to the worker.

Amendment 220 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training or instruction to workers to carry out the work for which they are employed, such training or instruction shall be provided cost-free to the worker.

Amendment 221 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

Member States shall ensure that workers are entitled to a minimum amount of training within working hours equivalent to at least the amount of one normal working week per year.

Amendment 222 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

The worker shall continue to be remunerated, as if he/she would have been working.

Amendment 223 #

Proposal for a directive
Article 11 – paragraph 1 b (new)

The training shall take place, where possible, during normal working hours. In all cases, the time spent on training shall be considered working time.

Amendment 224 #

Proposal for a directive
Article 11 – paragraph 1 b (new)

Member States shall ensure that workers are entitled to paid educational leave.

Amendment 225 #

Proposal for a directive
Article 11 a (new)

Article 11 a Equal treatment The Member States shall ensure the principles of equal pay and equal terms and conditions apply to all workers and ensure in this regard the elimination of all discrimination, regardless of the employment status.

Amendment 226 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 227 #

Proposal for a directive
Article 12 – paragraph 1

Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, w~~hile respecting~~ithout prejudice to the minimum standards determined under this Directive and the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

Amendment 228 #

Proposal for a directive
Article 12 – paragraph 1

Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while fully respecting the ~~overall~~level of protection ~~of workers~~provided by this directive, establish arrangements concerning the working conditions of workers which differ from but may not fall below those referred to in Articles 7 to 11.

Amendment 229 #

Proposal for a directive
Article 12 – paragraph 1

Member States ~~may~~shall allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

Amendment 230 #

Proposal for a directive
Article 13 – paragraph 1

~~Member States shall take all necessary measures to ensure that p~~Provisions contrary to this Directive and less beneficial for the worker in individual or collective agreements, internal rules of undertakings, or any other arrangements ~~shall be decl~~ared null and void ~~or ar~~and shall be amended in order to bring them at least into line with the provisions of this Directive.

Amendment 231 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Amendment 232 #

Proposal for a directive
Article 14 – paragraph 1 – point a

(a) the worker shall benefit from favourable presumptions ~~defined by~~, which the Member State has the obligation to define. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions reported by the worker shall apply as agreed and shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period orand that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; orand

Amendment 233 #

Proposal for a directive
Article 14 – paragraph 1 – point b

(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate, pre-established mandatory administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an ~~administrative~~ appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.

Amendment 234 #

Proposal for a directive
Article 14 a (new)

Article 14 a Primacy of facts The determination of the existence of an employment relationship shall be guided by the facts relating to the actual performance of work and not on the basis of how the parties describe the relationship.

Amendment 235 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce measures necessary to protect all workers regardless of their legal or formal status, including workers who are employees'’ or trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from exercising a right provided in this Directive or from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with these rights ~~provided for in this Directive~~.

Amendment 236 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce ~~measures necessary~~all necessary measures, inter alia pre- established mandatory administrative, to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the ~~rights provided for in this Directive~~ir labour rights.

Amendment 237 #

Proposal for a directive
Article 16 – paragraph 1 a (new)

Persons reporting situations of infringements of the rights provided under this Directive, shall be fully protected by European legislation regarding the protection of persons reporting on breaches of Union law.

Amendment 238 #

Proposal for a directive
Article 17 – paragraph 1

Amendment 239 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. The dismissal shall be considered non- effective if the employer is unable to provide supporting evidence.

Amendment 240 #

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall also take the necessary steps to ensure that the deadline for bringing an action contesting dismissal is suspended as long as the worker has not received a written reasoned justification from the employer.

Amendment 241 #

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall ensure that the deadline for bringing an action contesting the dismissal is suspended as long as the worker has not received written justification from the employer.

Amendment 242 #

Proposal for a directive
Article 17 – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. The dismissal shall cease to take effect until the employee has received notification of the grounds.

Amendment 243 #

Proposal for a directive
Article 17 – paragraph 3

Amendment 244 #

Proposal for a directive
Article 17 – paragraph 6 a (new)

6a. Member States shall allow trade unions to seek representative actions aimed at the protection of the collective interests of workers in relation to this directive corresponding to the rules of Directive 2009/22/EC.1a __________________ 1ato be repealed by 2018/0089(COD); Proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers.

Amendment 245 #

Proposal for a directive
Article 17 – paragraph 6 a (new)

Amendment 246 #

Proposal for a directive
Article 17 a (new)

Article 17a Burden of proof of the existence of and employment relationship The burden of proof of absence of an employment relationship shall be on the natural or legal person identifiable as employer.

Amendment 247 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They ~~may~~shall also comprise an appropriate and at least proportional payment of compensation.

Amendment 248 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They ~~may~~shall take the form of a fine~~. They may also compris~~ and comprise appropriate payment of compensation.

Amendment 249 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They mayust also comprise payment of compensation.

Amendment 250 #

Proposal for a directive
Article 19 – paragraph 1

1. This Directive ~~shall~~does not constitute valid grounds for reducing the ~~general~~ level of protection already afforded to workers within Member States in any form. Member States shall gradually improve the level of protection for workers within the areas which fall under the scope of this Directive.

Amendment 251 #

Proposal for a directive
Article 19 – paragraph 2 a (new)

2a. Member States are required to progressively improve the level of protection of workers in the regulatory field that come under the scope of this Directive and in full compliance with the European Charter of Fundamental Rights of the EU and the European Social Charter.

Amendment 252 #

Proposal for a directive
Article 20 a (new)

Article 20 a Facilitation of complaints Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.

Amendment 253 #

Proposal for a directive
Article 21 – paragraph 1

Amendment 254 #

Proposal for a directive
Article 21 – paragraph 1

Amendment 255 #

Proposal for a directive
Article 22 – paragraph 1

Amendment 45 #

Proposal for a directive
Recital 1

(1) The Charter of Fundamental Rights of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. This Directive ensures that its provisions are in line with the European Social Charter, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Amendment 46 #

Proposal for a directive
Recital 2

(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they are entitled to be informed of the reasons for their dismissal and given a reasonable period of notice and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered, while giving employers the necessary flexibility to adapt swiftly to any economic shifts.

Amendment 47 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, ~~which have supported~~generating, on the one hand, increasing labour market flexibility and, on the other, adaptability to economic shifts, developments, which have supported the emergence of new business models, job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and, in certain cases, lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection and encouraging unclear or unfair practices, thereby destabilising the labour market. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and ~~in a timely manner~~as rapidly as possible. In order adequately to frame the development of these new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 48 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers, regardless of their particular field, to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 49 #

Proposal for a directive
Recital 4

Amendment 50 #

Proposal for a directive
Recital 5

(5) Minimum ~~requirement~~standards relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker, whatever their employment contract or employment relationship, should therefore be established at Union level in order to guarantee all workers in the Union ~~an adequat~~the same degree of transparency, security and predictability as regards their working conditions.

Amendment 51 #

Proposal for a directive
Recital 5

(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers ~~in the Union an adequat~~, regardless of their formal status, in the Union the highest possible degree of transparency and predictability as regards their working conditions.

Amendment 52 #

Proposal for a directive
Recital 5 a (new)

(5a) The objective of this Directive - to promote a safer and more predictable labour supply, while ensuring labour market adaptability, access to innovation and better living and working conditions - can be achieved by giving all workers more efficient access to information regarding their working conditions, improving working conditions, especially for workers engaged in new and atypical forms of work, implementing the legislation more effectively and increasing labour market transparency, while avoiding the imposition of excessive burdens on businesses of any size.

Amendment 53 #

Proposal for a directive
Recital 7

(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. Additionally the ILO’s tripartite constituents adopted Recommendation 198 Employment Relationship (2006) with indicators for an employment relationship, among others subordination and/or economic dependency, primacy of facts and presumption of an employment relationship. The definition of worker in Article 2(1) isneeds to be based on these criteria developed by both ECJ and ILO. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 54 #

Proposal for a directive
Recital 7

(7) IGiven that between 2 million and 3 million workers are currently excluded from the scope of Directive 91/533/EEC, in order to ensure effectiveness of the rights provided by the Union law and the indiscriminate implementation thereof, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.

Amendment 55 #

Proposal for a directive
Recital 7

Amendment 56 #

Proposal for a directive
Recital 7

Amendment 57 #

Proposal for a directive
Recital 7 a (new)

(7a) In line with ILO recommendation 198, where, under direction “cannot be directly established, economic dependency should be considered the core additional criterion in assessing whether the person is a worker.

Amendment 58 #

Proposal for a directive
Recital 7 b (new)

Amendment 59 #

Proposal for a directive
Recital 7 c (new)

(7c) In line with ILO recommendation 198, it should be automatically provided for a legal presumption that an employment relationship exists where one or more relevant indicators are present.

Amendment 60 #

Proposal for a directive
Recital 8

Amendment 61 #

Proposal for a directive
Recital 8

Amendment 62 #

Proposal for a directive
Recital 9

Amendment 63 #

Proposal for a directive
Recital 9

Amendment 64 #

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

Amendment 65 #

Proposal for a directive
Recital 10

Amendment 66 #

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled in line with the corporate social responsibility of an entity founded on work. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

Amendment 67 #

Proposal for a directive
Recital 10

Amendment 68 #

Proposal for a directive
Recital 11

(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that minimum list in order to take account of developments on the labour market, in particular the growth of non- standard forms of employment. Member States shall have the right to extend that minimum list in line with national requirements.

Amendment 69 #

Proposal for a directive
Recital 11

Amendment 70 #

Proposal for a directive
Recital 12

(12) Information on working time should be consistent with the provisions of Directive 2003/88/EC of the European Parliament and of the Council35, and include information on breaks, daily rest, weekly rest and the amount of paid leave thereby ensuring protection of the safety and health of workers. __________________ 35 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 71 #

Proposal for a directive
Recital 13

Amendment 72 #

Proposal for a directive
Recital 14

(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should ~~know~~be informed how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.

Amendment 73 #

Proposal for a directive
Recital 14 a (new)

(14a) Working hours should be organized in line with economic principles and productivity but also from a strictly human perspective in the sense that working hours should be progressively reduced in order to provide workers with increased leisure.

Amendment 74 #

Proposal for a directive
Recital 15

(15) Information on social security systems should include, where relevant, at least sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits and all other risks covered by Regulation (EC) 883/2004. Information on social security protection provided by the employer should include~~, where relevant,~~ coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council.37 __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).

Amendment 75 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atfrom the start of employment. The relevant information should therefore reach them at the latest on, where applicable, when the employment contract is signed and before the first day of the employment.

Amendment 76 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atbefore the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.

Amendment 77 #

Proposal for a directive
Recital 17

(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. The~~se templates may be further developed at sectoral or local level, by national authorities and social partners~~ European Commission should assist Member States in producing these templates in order to avoid any discrepancies in content between the various Member States. The content of these templates may be determined at sectoral or local level, by national authorities and social partners, provided that no disproportionate or excessive additional administrative burdens are created.

Amendment 78 #

Proposal for a directive
Recital 17

(17) In order to help employers to provide timely information, Member States should ensure the availability of predetermined templates at national level including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.

Amendment 79 #

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council38, they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. Workers posted abroad must be notified in the official language of the country where the initial employment contract is signed. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 80 #

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified before the commencement of the relevant assignment or in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State ~~where they will find~~and be provided in paper or electronically with the relevant information on the working conditions applying to their situation. ~~Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks.~~ __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 81 #

Proposal for a directive
Recital 19

Amendment 82 #

Proposal for a directive
Recital 19

Amendment 83 #

Proposal for a directive
Recital 20

Amendment 84 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council39. Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. Any incompatibility clause contained in a work contract, whatever its type, must be accompanied by a detailed justification. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 85 #

Proposal for a directive
Recital 20

(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council39. IMember States shall have the right to adopt incompatibility clauses, understood as a restriction on working for specific categories of employers, which may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

Amendment 86 #

Proposal for a directive
Recital 22

(22) Reference hours and days, understood as time slots where work can take place at the request of the employer, should be established in writing atbefore the start of the employment relationship.

Amendment 87 #

Proposal for a directive
Recital 23

(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period ~~may vary according to the needs of sectors, while ensuring adequate protection of workers~~should where possible be negotiated by the responsible Social Partners and may not fall below the standards established by this directive. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).

Amendment 88 #

Proposal for a directive
Recital 23

Amendment 89 #

Proposal for a directive
Recital 23

Amendment 90 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in line with Principle 5 of the European Pillar of Social Rights, proclaimed in Gothenburg on 17 November 2017 seeking to encourage a transition to employment of indefinite duration. Workers should be able to request another more predictable and secure form of employment, where available, and receive an appropriately substantiated written response from the employer, which takes into account the needs of the employer and of the worker.

Amendment 91 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to ~~request~~convert to another more predictable and secure form of employment, where available, and receive a written response ~~from the employer,~~to their request for a conversion from the employer, based on objective grounds which takes into account the needs of the ~~employer and of the~~ worker.

Amendment 92 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer within a suitable period of time, which takes into account the needs of the employer and of the worker.

Amendment 93 #

Proposal for a directive
Recital 26

Amendment 94 #

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, offering greater protection than the minimum standards set in Chapter Three of this Directive. Given the crucial role of the social partners at all levels in promoting and implementing the European Social Pillar, Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of non-discriminatory protection of workers protection of workers is not lowered under any circumstances.

Amendment 95 #

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three of this Directive. ~~Member States should therefore be able to allow s~~Social partners tocan conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of protection of workers is not lowered or is improved.

Amendment 96 #

Proposal for a directive
Recital 27

(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, ~~than the minimum standards set in Chapter Three of~~as long as these are in full compliance with this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in th~~at chapter,~~is Directive as long as the ~~overall level of protection of workers is~~rights established by this Directive are not lowered.

Amendment 97 #

Proposal for a directive
Recital 27 a (new)

(27a) In Member States where there are a high level of organisation, both among employees and employers, and where the social partners in their capacity as representatives for workers and employers have the primary responsibility to regulate working conditions on the labour market, the social partners should have full authority regarding the possibility to conclude collective agreements. Such concluded collective agreements that regulate working conditions and give workers an overall protection can deviate from the minimum rights provided by this directive as long as the purpose of the directive is respected.

Amendment 98 #

Proposal for a directive
Recital 27 a (new)

Amendment 99 #

Proposal for a directive
Recital 28

(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. ~~That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41~~__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.

source: 625.205

2018/07/13 FEMM 120 amendments...

Amendment 100 #

Proposal for a directive
Article 4 – paragraph 1

1. The information referred to in Article 3(2) shall be provided individually to the worker in the form of a document a~~t the latest on~~s early as possible but at the latest at the commencement the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.

Amendment 101 #

Proposal for a directive
Article 4.º – paragraph 1 a (new)

1a The worker, the union delegate, the trade union or inter-union commission, the workers' council, the subcommittee of workers and the trade union association and other representative structures of the workers have the right to be informed about relevant aspects of the temporary employment contract.

Amendment 102 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall, in cooperation with social partners, including representatives of micro, small and medium-sized enterprises, develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national web site and by other suitable means. Such templates and models may be further adapted by employers to the needs and specific aspects of certain sectors.

Amendment 103 #

Proposal for a directive
Article 4.º – paragraph 3 a (new)

3a The employer must provide the relevant authorities with a copy of the employment contract within five working days of the conclusion of the contract and, for temporary employment contracts, must provide evidence justifying the choice of this type of contract.

Amendment 104 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 105 #

Proposal for a directive
Article 6 – paragraph 1 – point d a (new)

(d a) where applicable the changes to the worker’s social security situation

Amendment 106 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 107 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 108 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 109 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 110 #

Proposal for a directive
Article 7.º – paragraph 1

1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed ~~six~~three months, including any extension.

Amendment 111 #

Proposal for a directive
Article 7 – paragraph 2

2. ~~Member States may provide for longer~~A probation~~ary~~ period~~s in cases where this is justified by the nature of the employment or is in the inter~~ shall not hamper the accrual of rights and can only be agreed in casest of ~~the worker~~open-ended contracts.

Amendment 112 #

Proposal for a directive
Article 7.º – paragraph 2

2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment ~~or is in the interest of the worker~~.

Amendment 113 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 114 #

Proposal for a directive
Article 9 – paragraph 1 – introductory part

Amendment 115 #

Proposal for a directive
Article 9 – paragraph 1 – point b

Amendment 116 #

Proposal for a directive
Article 9.º – paragraph 1 – point b

(b) if the worker is informed by their employer of a work assignment a reasonable period in advance, – at least two weeks – in accordance with Article 3(2)(l)(ii).

Amendment 117 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

Member States shall ensure that the open- ended contract remains the norm.

Amendment 118 #

Proposal for a directive
Article 9 – paragraph 1 b (new)

Zero-hour or on-demand type of contracts are prohibited

Amendment 119 #

Proposal for a directive
Article 10.º – paragraph 1

1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a ~~form of employment with more predictable and secure working conditions where available~~transition towards a contract of indefinite duration.

Amendment 120 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

The worker remains entitled to its remuneration, as if he/she would have been working and the training shall take place during working hours

Amendment 121 #

Proposal for a directive
Article 11 a (new)

Article 11 a Equal treatment and non discrimination The Member States shall ensure the principle of equal pay for equal work and work of equal value and put in place measures that ensure that employers in undertakings and organisations regularly inform of the average remuneration by category of employee or position, broken down by gender. The Member States shall ensure the elimination of all forms of discrimination with regard to all aspects and conditions of remuneration, equal treatment and opportunities in accessing and in the terms and conditions of employment, regardless of their employment status.

Amendment 122 #

Proposal for a directive
Article 12.º – paragraph 1

Member States may allow ~~social partners to conclud~~and promote collective bargaining agreements, in conformity with the national law or practice~~, which, while~~ and establish, respecting the overall protection of workers, ~~establish~~ arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.

Amendment 123 #

Proposal for a directive
Article 12.º – paragraph 1 a (new)

Collective bargaining agreements should, inter alia, contribute to ensuring the principle of equal work for equal pay, eliminating precarious working relationships and protecting maternity rights, and serve as as instruments to help reduce inequalities between men and women in industrial relations.

Amendment 124 #

Proposal for a directive
Article 12.º – paragraph 1 b (new)

Temporary workers carrying out the same functions as workers within a company shall be covered by the same collective bargaining agreement instrument as those workers.

Amendment 125 #

Proposal for a directive
Article 12 a (new)

Article 12 a Equal treatment The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status.The Member States shall ensure the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment; the employment status not being of relevance.

Amendment 126 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 127 #

Proposal for a directive
Article 14.º – paragraph 1 – introductory part

Amendment 128 #

Proposal for a directive
Article 14.º – paragraph 1 – point a

(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include athe presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively~~. Employers shall have the possibility to rebut the presumptions; or~~; and

Amendment 129 #

Proposal for a directive
Article 14.º – paragraph 1 – point b

(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. ~~Member States may designate existing bodies as competent authorities.~~

Amendment 130 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall introduce measures necessary to protect all workers regardless of their legal or formal status, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Amendment 131 #

Proposal for a directive
Article 16 – paragraph 1 a (new)

Member States shall introduce measures to prevent psychological and sexual harassment at the work place through policies which set out prevention measures, effective, transparent and confidential procedures to deal with complaints, sanctions for perpetrators, information and trainings for workers and employers and support to companies to draw up actions plans to implement all the measures thereof.

Amendment 132 #

Proposal for a directive
Article 17.º – paragraph 1

1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive, or under any other labour legislation or collective bargaining agreement.

Amendment 133 #

Proposal for a directive
Article 17 – paragraph 1

Amendment 134 #

Proposal for a directive
Article 17.º – paragraph 2

2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive or any other labour legislation or collective bargaining agreement may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.

Amendment 135 #

Proposal for a directive
Article 17 – paragraph 3

Amendment 136 #

Proposal for a directive
Article 17.º – 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~~a complaint from which it may be presumed that there has been such dismissal or its equivalent, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.

Amendment 137 #

Proposal for a directive
Article 18 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. ~~They may take the form of a fine. They may also comprise payment of compensation.~~

Amendment 138 #

Proposal for a directive
Article 20 a (new)

Article 20 a Facilitation of Complains Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation. Member States shall ensure specific and confidential procedures to deal with complaints on psychological and sexual harassment.

Amendment 139 #

Proposal for a directive
Article 20 a (new)

Article 20 a Facilitation of complaints Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.

Amendment 140 #

Proposal for a directive
Article 21 – paragraph 1

Amendment 141 #

Proposal for a directive
Article 21 a (new)

Article 21 a Inspections Member States shall ensure that effective and adequate inspections are carried out to control the rights laid down in this Directive.

Amendment 142 #

Michaela ŠOJDROVÁ, Agnieszka KOZŁOWSKA, Anna ZÁBORSKÁ

Proposal for a directive
Article 21 a (new)

Article 21 a Inspections Member States shall ensure that effective and adequate inspections are carried out to control the rights laid down in this Directive.

Amendment 143 #

Proposal for a directive
Article 22 – paragraph 1

Amendment 24 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(1)(b) ~~and~~ (2)(b) and article 157 thereof,

Amendment 25 #

Proposal for a directive
Recital 2

(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. Principle 5 also provides that necessary flexibility for employers to adapt swiftly to changes in the economic context must be ensured. Accordingly, rules applicable to non-standard forms of employment must strike a balance between the need to maintain flexibility in order to foster labor market development, and the entitlement of all workers to social protection.

Amendment 26 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Recital 2

(2) ~~Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that w~~Workers have the right to be informed in writing at the start of an employment ~~about their rights and obligations resulting from the employment relationship~~relationship they enter into with an employer, in accordance with the labour legislation in force and the applicable collective bargaining agreement, including any probationary period, and ~~that~~ they have the right to access to ~~effective and impartial dispute resolution and, in case of unjustified dismissal, a right~~labour protection, by means of an effective and impartial judicial system specifically covering labour issues that provides a legal framework to readdress~~, including adequate compensation. Principle 5 provides that r~~ the effects of a breach of the employment contract and labour legislation. Regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions and labour protection, access to social protection and training~~, that e~~. Employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostershould be prohibited.

Amendment 27 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. It must be recognized that flexible forms of employment also have a positive impact on the labour market and workers, as they foster innovation and facilitate access to the labour market to individuals who are not apt to work in a standard form of employment. _________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 28 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth. ~~New forms of employment are often not as regular or stable as traditional employment relationships~~The creation of these new forms of work, within a framework formed by the labour guidelines promoted by the EU and the Member States, has given rise to significant growth in precarious working relationships as well as the abusive use of temporary and part-time work, the promotion of low-wage policies, a lack of labour protection and the deregulation of working hours, of which women bear the brunt, and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manner. ~~In order adequately to frame the development of new~~Whatever the forms of employment in which they are engaged, workers in the Union should also be ~~provided with a number of new minimum rights aimed at~~guaranteed the set of rights that determine the Member States' labour laws and the applicable collective bargaining agreements that apply, promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. _________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 29 #

Proposal for a directive
Recital 3

(3) Since the adoption of Council Directive 91/533/EEC,33 labour markets have undergone far-reaching changes ~~due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported job creation and labour market growth~~. New forms of employment are often not as regular or stable as traditional employment relationships and lead , among others, to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection, with clear gender effects as women tend to be over-represented in irregular, precarious and atypical forms of work. In this evolving world of work, there is therefore an increased need for workers to be not only fully informed ~~about~~, but also better protected as regards of their essential working conditions, which should occur in a written form and in a timely manner. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. _________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).

Amendment 30 #

Proposal for a directive
Recital 3 a (new)

(3a) Recognises that the collective bargaining instruments negotiated between employers' associations and organisations representing workers are crucial for opposing and overcoming distortions in the labour market created by the advent of new types of labour relations that tend towards precariousness and uncertain labour bonds, which particularly affect women; collective bargaining is, therefore, a key instrument in overcoming inequalities between men and women in the workplace.

Amendment 31 #

Proposal for a directive
Recital 3 b (new)

(3b) Stresses the need for the Member States to establish a legal framework enabling the necessary measures to be taken to ensure that equal pay is provided for equal work in any employment relationship, regardless of the type and duration thereof, as a way of guaranteeing equal pay for men and women, helping reduce the persistent inequalities that mean women are, as well as being paid significantly less than men, particularly vulnerable to poverty and social exclusion.

Amendment 32 #

Proposal for a directive
Recital 5

Amendment 33 #

Proposal for a directive
Recital 5

(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers ~~in the Union an adequat~~regardless of their formal status in the Union the highest possible degree of transparency and predictability as regards their working conditions.

Amendment 34 #

Proposal for a directive
Recital 7

Amendment 35 #

Proposal for a directive
Recital 8

Amendment 36 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Recital 8

~~(8)~~ In view of the increasing number of ~~(8)~~ workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to re~~plac~~move these derogations ~~with a possibility for Member States not to apply the provisions of the Directive~~, guaranteeing equal information to all work ~~relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1)~~ers, regardless of the type and duration of the labour relationship.

Amendment 37 #

Proposal for a directive
Recital 8

(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one ~~month~~week. That derogation does not affect the definition of a worker as provided for in Article 2(1).

Amendment 38 #

Proposal for a directive
Recital 9

Amendment 39 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Recital 9

Amendment 40 #

Proposal for a directive
Recital 9

Amendment 41 #

Proposal for a directive
Recital 9 a (new)

(9 a) Non-standard working arrangements, including employment with very limited working hours, are beneficial also for carers, particularly women with childcare responsibilities, allowing them to reconcile private and professional life. Strict inclusion of all employment contracts within the scope of this Directive would increase the administrative burden of all employers, including micro, small and medium-sized enterprises. This could result in limited availability of certain types of working arrangements, undermining the aims of the work-life balance strategy, with particular implications for women.

Amendment 42 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Recital 10

Amendment 43 #

Proposal for a directive
Recital 10

(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that in exceptional situations some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship as long as the rules of Members States clearly and in all types of employment relationships identify the responsible person, leaving no doubt for the worker or any person directly or indirectly involved in the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.

Amendment 44 #

Proposal for a directive
Recital 13

(13) Information on remuneration to be provided should include but not be limited to all elements of the remuneration, as well as the method of calculation and information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work overtime payments, bonuses and other entitlements, such as sick pay or leaves. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment 45 #

Proposal for a directive
Recital 13

(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments that must still be covered by the ongoing information provided on the work contract and that must not take the place of the worker's wages or salary. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.

Amendment 46 #

Proposal for a directive
Recital 14 a (new)

(14 a) Zero-hour and on-demand type of contracts should be prohibited. They are a danger to the worker and a damage to both society and employers respecting a level-playing field.

Amendment 47 #

Proposal for a directive
Recital 16

(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them ~~at the latest on~~before the first day of the employment.

Amendment 48 #

Proposal for a directive
Recital 18

(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless the law of Member States governing the employment relationship provides otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. _________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 49 #

Proposal for a directive
Recital 19

(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. ~~As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable durat~~Probationary periods must not be made into mechanisms for exploiting workers in that they are guaranteed employment for prolonged periods on low wages and then dismissed at the end of the probationary periond. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workerThis would be a way of replacing fixed-term contracts with more precarious contracts, with women once again bearing the brunt of this. Probationary periods should not exceed three months and should ideally be shorter. Probationary periods may exceed three months in duly justified cases, such as when the technical complexity of the work or the high degree of responsibility in the worker's post justifies this or where the worker is appointed to a managerial position. Member States should pass legislation defining the cases in which exceptions may exceed the three-month probationary period and the corresponding appropriate periods.

Amendment 50 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Recital 19

(19) Probationary periods allow employers to verify ~~that~~if workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. ~~Such periods may be accompanied by reduced protection against dismissal.~~ Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers, and therefore by no means be exceeded beyond.

Amendment 51 #

Proposal for a directive
Recital 19

Amendment 52 #

Proposal for a directive
Recital 21

Amendment 53 #

Proposal for a directive
Recital 21

(21) Workers whose work schedule is ~~mostly~~ variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requestsmust be guaranteed, with sufficient notice, a fixed schedule of working hours. Exceptional situations and compensatory measures should be defined – by means of collective bargaining agreements, if possible – and should be included in the information to be provided to the worker upon signing the contract.

Amendment 54 #

Proposal for a directive
Recital 23

Amendment 55 #

Proposal for a directive
Recital 25

(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs and possibilities of the employer and of the worker.

Amendment 56 #

Maria ARENA, Maria Gabriela ZOANĂ

Proposal for a directive
Recital 26

(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, and without discrimination, including to those in non- standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.

Amendment 57 #

Proposal for a directive
Recital 26

(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally without discrimination based on any ground such as sex, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration.

Amendment 58 #

Proposal for a directive
Recital 27 a (new)

(27 a) The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration, respecting the principle of equal pay for equal work and work of equal value, and in the terms and conditions of employment, regardless of the contract type of the worker as defined by this Directive.

Amendment 59 #

Proposal for a directive
Recital 32

(32) Workers exercising rights provided for in this Directive should enjoy protection from dismissal or equivalent detriment (such as an on-demand worker no longer being assigned work) or any preparations for a possible dismissal, on the grounds that they sought to exercise such rights. Where workers consider that they have been dismissed or have suffered equivalent detriment on those grounds, workers and competent authorities should ~~be able to~~ require the employer to provide duly substantiated grounds for the dismissal or equivalent measure and to reinstate the worker in the event the alleged grounds are unfounded. The relevant authorities shall ensure that the worker is compensated for the harm caused and shall be empowered to impose penalties on companies guilty of such practices. Particular attention shall be paid to situations that specifically affect women and situations resulting from discrimination on grounds of maternity; the latter shall be viewed as aggravating circumstances.

Amendment 60 #

Proposal for a directive
Recital 33

Amendment 61 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Recital 33

(33) The burden of proof that there has been no dismissal or equivalent detriment on the grounds that workers have exercised their rights provided for in this Directive, should fall on employers when workers ~~establish~~contest, before a court or other competent authority, ~~facts from which it may be presumed that they have been~~their employer's decision to dismissed them, or have been subject to measures with equivalent effect~~, on such grounds~~.

Amendment 62 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 63 #

Proposal for a directive
Article 1.º – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment while ensuring better protection for workers on the labour market ~~adaptability~~.

Amendment 64 #

Proposal for a directive
Article 1 – paragraph 1

1. The purpose of this Directive is to improve working conditions by promoting more secure and predictable employment ~~while ensuring labour market adaptability~~.

Amendment 65 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the Union. These minimum rights apply to every person who is de facto a worker regardless of the formal status of the person.

Amendment 66 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive lays down minimum rights that apply to every worker in the private and public sector in the Union.

Amendment 67 #

Proposal for a directive
Article 1 – paragraph 2 a (new)

2 a. Paragraph 2 is without prejudice to workers who are undergoing training including trainees and apprentices.

Amendment 68 #

Proposal for a directive
Article 1.º – paragraph 3

Amendment 69 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 70 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 71 #

Proposal for a directive
Article 1 – paragraph 3

Amendment 72 #

Proposal for a directive
Article 1.º – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 73 #

Proposal for a directive
Article 1 – paragraph 4

~~4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.~~deleted

Amendment 74 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Agnieszka KOZŁOWSKA

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.

Amendment 75 #

Proposal for a directive
Article 1 – paragraph 5

5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship, provided that the responsible person can be clearly determined on the basis of national law. This paragraph is without prejudice to Directive 2008/104/EC.

Amendment 76 #

Proposal for a directive
Article 1 – paragraph 6

Amendment 77 #

Proposal for a directive
Article 1 – paragraph 6

Amendment 78 #

Proposal for a directive
Article 2 – paragraph 1 – point a

Amendment 79 #

Proposal for a directive
Article 2 – paragraph 1 – point e

(e) 'reference hours and days' means time slots in specified days during which work can take place ~~at the request of the employer~~.

Amendment 80 #

Proposal for a directive
Article 2 – paragraph 1 – point e a (new)

(e a) ‘trainee’ means a worker who does a traineeship, this being a limited period of work practice which includes a learning and training component, in line with the Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships.

Amendment 81 #

Proposal for a directive
Article 2 – paragraph 2

2. For the purposes of this Directive the terms 'microenterprise'~~, 'small enterprise' and 'medium-sized enterprise'~~ shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises43 or in any subsequent act replacing that Recommendation. _________________ 43 OJ L 124/36, 20.05.2003.

Amendment 82 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall ~~include~~at least include, but not be limited to:

Amendment 83 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The information referred to in paragraph 1 shall at least include:

Amendment 84 #

Proposal for a directive
Article 3 – paragraph 2 – point e a (new)

(e a) the remuneration method of calculation and information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value;

Amendment 85 #

Proposal for a directive
Article 3.º – paragraph 2 – point f

(f) the duration and conditions of the probationary period, if any, which must include any traineeship periods;

Amendment 86 #

Proposal for a directive
Article 3 – paragraph 2 – point g

(g) ~~any training entitlement~~the general training policy provided by the employer;

Amendment 87 #

Maria ARENA, Maria Gabriela ZOANĂ

Proposal for a directive
Article 3 – paragraph 2 – point h

(h) the amount of paid leave and the different forms to take up the leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;

Amendment 88 #

Proposal for a directive
Article 3 – paragraph 2 – point h

(h) the amount of paid leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for applying for, allocating and determining such leave;

Amendment 89 #

Proposal for a directive
Article 3 – paragraph 2 – point i

(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method as well as the formal requirements for determining such periods of notice, as well as the deadline for taking legal action contesting the dismissal;

Amendment 90 #

Proposal for a directive
Article 3 – paragraph 2 – point i a (new)

(i a) all prerogatives and rights workers are entitled to, such as sickness, maternity and equivalent, parental, paternity, care, old-age, invalidity, survivors', unemployment, pre-retirement, pension or family benefits;

Amendment 91 #

Proposal for a directive
Article 3.º – paragraph 2 – point j

(j) the initial basic amount, any other component elements, the frequency and method of payment of the remuneration to which the worker is entitled, as well as other regular and periodic benefits to which workers are entitled of equal value or for equal work;

Amendment 92 #

Proposal for a directive
Article 3 – paragraph 2 – point j

(j) the initial basic amount, any other component elements indicated separately, such as payments of overtime, bonuses and other entitlements, such as sick pay, the frequency and method of payment of the remuneration to which the worker is entitled;

Amendment 93 #

Proposal for a directive
Article 3 – paragraph 2 – point k

(k) if the work ~~schedule~~pattern is entirely or mostly not ~~vari~~predictable, the length of the worker's standard working day or week and any arrangements for overtime and its remuneration;

Amendment 94 #

Proposal for a directive
Article 3.º – paragraph 2 – point k

(k) if the work schedule is entirely or mostly not variable, the length of the worker's standard working day orand week and any arrangements for overtime and its remuneration;

Amendment 95 #

Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part

Amendment 96 #

Proposal for a directive
Article 3.º – paragraph 2 – point l – point ii

(ii) the minimum advance notice, of no less than 15 days, the worker shall receive before the start of a work assignment;

Amendment 97 #

Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)

(ii a) the conditions and the level of financial compensation in case of cancellation of work by the employer.

Amendment 98 #

Proposal for a directive
Article 3 – paragraph 2 – point n a (new)

(n a) the mechanisms through which workers may lodge complaints, including information on specific mechanisms for complains on psychological and sexual harassment.

Amendment 99 #