101 Amendments of Sergio GUTIÉRREZ PRIETO related to 2017/0355(COD)
Amendment 88 #
Proposal for a directive
Recital 3
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 tond 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 adaptabililegal 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 98 #
Proposal for a directive
Recital 5
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 100 #
Proposal for a directive
Recital 6
Recital 6
Amendment 110 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these 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 117 #
Proposal for a directive
Recital 7 a (new)
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 130 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1)eliminate these derogations.
Amendment 142 #
Proposal for a directive
Recital 9
Recital 9
Amendment 152 #
Proposal for a directive
Recital 10
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 houseensure 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 thebe 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 statementfor individuals acting as employers for domestic workers in their household.
Amendment 154 #
Proposal for a directive
Recital 10 a (new)
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 #
Proposal for a directive
Recital 10 b (new)
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 157 #
Proposal for a directive
Recital 11
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 listminimum 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 161 #
Proposal for a directive
Recital 13
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 194 #
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atprior to the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.
Amendment 209 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workersin any case should not be extended.
Amendment 227 #
Proposal for a directive
Recital 20
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 231 #
Proposal for a directive
Recital 21
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 237 #
Proposal for a directive
Recital 23
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. Itbut 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 2002/153/88/EC of the European Parliament and of the Council.40the 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 248 #
Proposal for a directive
Recital 24 a (new)
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 251 #
Proposal for a directive
Recital 25
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 268 #
Proposal for a directive
Recital 27
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 Threon 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 cChapter III, as long as the overall level of protection of workers is not lowered.
Amendment 282 #
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or ofand 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 whichshould 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 284 #
Proposal for a directive
Recital 29
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 289 #
Proposal for a directive
Recital 32
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 the right to reinstatement and compensation should be guaranteed by the Member States.
Amendment 298 #
Proposal for a directive
Recital 34 a (new)
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)
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)
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 315 #
Proposal for a directive
Article 1 – paragraph 1
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 adaptabilityfor every worker, regardless of the type and duration of the employment relationship.
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union, 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 333 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 343 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 5
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 363 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
6. Member States may decide not to applyto adapt the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household whereacting 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)
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 366 #
Proposal for a directive
Article 1 – paragraph 6 b (new)
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)
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 381 #
Proposal for a directive
Article 2 – paragraph 1 – point a
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 404 #
Proposal for a directive
Article 2 – paragraph 1 – point e
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)
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 411 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
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 424 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
Amendment 428 #
Proposal for a directive
Article 3 – paragraph 2 – point e
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 444 #
Proposal for a directive
Article 3 – paragraph 2 – point i
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 453 #
Proposal for a directive
Article 3 – paragraph 2 – point j
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 465 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not variable, the length of the worker’s standardnormal working day or week and any arrangements for overtime and its remuneration;
Amendment 470 #
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the 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 479 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
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 486 #
Proposal for a directive
Article 3 – paragraph 2 – point m
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; the preclusive periods if any;
Amendment 495 #
Proposal for a directive
Article 3 – paragraph 2 – point n a (new)
Article 3 – paragraph 2 – point n a (new)
(na) any benefits in kind which the employer provides for the worker;
Amendment 497 #
Proposal for a directive
Article 3 – paragraph 2 – point n b (new)
Article 3 – paragraph 2 – point n b (new)
(nb) any categorization into a general pay scheme;
Amendment 503 #
Proposal for a directive
Article 3 – paragraph 3
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 ofaccompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 508 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
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 519 #
Proposal for a directive
Article 4 – paragraph 1
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 530 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
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 543 #
Proposal for a directive
Article 4 – paragraph 2
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 547 #
Proposal for a directive
Article 4 – paragraph 3
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 554 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
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 556 #
Proposal for a directive
Article 5 – paragraph 1
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 at 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 573 #
Proposal for a directive
Article 6 – paragraph 1 – point a
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 577 #
Proposal for a directive
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) any arrangements for the possible lengthening or shortening of the period of work;
Amendment 579 #
Proposal for a directive
Article 6 – paragraph 1 – point d b (new)
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)
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 #
Proposal for a directive
Article 6 – paragraph 1 – point d (new)
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 583 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
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 588 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
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 590 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 598 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 606 #
Proposal for a directive
Article 7 – paragraph 1
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 619 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the workerAny probationary period shall not hamper the accrual of workers’ rights.
Amendment 630 #
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 633 #
Proposal for a directive
Article 8 – paragraph 1
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 646 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployMember States together with social partners may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as theand objective reasons to protection of business secrets or the avoidance of conflicts of interests.
Amendment 659 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
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 668 #
Proposal for a directive
Article 9 – paragraph 1 – point b
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 684 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
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 696 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
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 703 #
Proposal for a directive
Article 9 a (new)
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 9 b (new)
Amendment 710 #
Proposal for a directive
Article 10 – paragraph 1
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 723 #
Proposal for a directive
Article 10 – paragraph 2
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 729 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
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 740 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective 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 759 #
Proposal for a directive
Article 12 – paragraph 1
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, while respectingl take account of the specific needs of the oversociall protection of workers, establish arrangements concernartners concerned while respecting the minimum requirements laid down ing the working conditions of workers which differ from those referred to in Articles 7 to 11is Directive, or to uphold existing collective agreements if they respect the overall level of protection.
Amendment 776 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 782 #
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 790 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
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 employthe worker shas failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:ll benefit from favourable legal presumptions defined by the Member State.
Amendment 792 #
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
Amendment 802 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 808 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
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 811 #
Proposal for a directive
Article 14 a (new)
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 817 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
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 821 #
Proposal for a directive
Article 16 – paragraph 1
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 withexercising the rights provided for in this Directive.
Amendment 830 #
Proposal for a directive
Article 17 – paragraph 1
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 839 #
Proposal for a directive
Article 17 – paragraph 2
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 846 #
Proposal for a directive
Article 17 – paragraph 6 a (new)
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 852 #
Proposal for a directive
Article 18 – paragraph 1
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 mayshall also comprise proportionate payment of compensation.
Amendment 857 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
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 859 #
Proposal for a directive
Article 18 a (new)
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 860 #
Proposal for a directive
Article 18 b (new)
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 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 867 #
Proposal for a directive
Article 19 – paragraph 1
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 879 #
Proposal for a directive
Article 21 – paragraph 1
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.