54 Amendments of Heinz K. BECKER related to 2017/0355(COD)
Amendment 79 #
Proposal for a directive
Recital 2
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 80 #
Proposal for a directive
Recital 2 a (new)
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 86 #
Proposal for a directive
Recital 3
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 ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover 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 manntimely 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 103 #
Proposal for a directive
Recital 6
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 insertestablish 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 byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 111 #
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 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 118 #
Proposal for a directive
Recital 7 a (new)
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 132 #
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).
Amendment 148 #
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 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 166 #
Proposal for a directive
Recital 14
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 knowsetting 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 workon-call times and the minimum advance notice they should receive.
Amendment 179 #
Proposal for a directive
Recital 15
Recital 15
(15) IEmployers should provide information onabout social security systems should includefunds 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 217 #
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 or employer, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 244 #
Proposal for a directive
Recital 24
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 notwhere the worker has been notified withinoutside 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 252 #
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 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 259 #
Proposal for a directive
Recital 26
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 266 #
Proposal for a directive
Recital 27
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 inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 276 #
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 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 296 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States shouldmay provide for effective, and proportionate and dissuasive penalties for breaches of the obligations under this Directive.
Amendment 307 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member States may entrust social partners withshould 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 stepsresources 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 321 #
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 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 435 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any training entitlement provided by the employerentitlement to training that the employer is required to provide under Union or national legislation or under relevant collective agreements;
Amendment 451 #
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 contract or employment relationship be terminated or, where the length of the period of noticeat cannot be indicated when the information is given, the method for determining such periods of notice;
Amendment 457 #
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, 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 461 #
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 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 468 #
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 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 484 #
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, and information about the works council or any other representatives of workers in that business;
Amendment 493 #
Proposal for a directive
Article 3 – paragraph 2 – point n
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, should national legislation not make that clear.
Amendment 532 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
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 548 #
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 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 566 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
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 570 #
Proposal for a directive
Article 6 – title
Article 6 – title
Additional information for workers posted or sent abroad
Amendment 571 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
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 575 #
Proposal for a directive
Article 6 – paragraph 1 – point c
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 582 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 595 #
Proposal for a directive
Article 6 – paragraph 3
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 604 #
Proposal for a directive
Article 6 – paragraph 4
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 609 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shallmay ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension.
Amendment 631 #
Proposal for a directive
Article 8 – paragraph 1
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 642 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployerMember States may however lay down conditions for the use of incompatibility where such restrictions are justified byrestrictions, 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 648 #
Proposal for a directive
Article 8 – paragraph 2 – point 1 a (new)
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 #
Proposal for a directive
Article 8 – paragraph 2 – point 2 a (new)
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 688 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
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 707 #
Proposal for a directive
Article 10 – paragraph 1
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 711 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shallmay 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 763 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allowshall 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 791 #
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 employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:
Amendment 798 #
Proposal for a directive
Article 14 – paragraph 1 – point a
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; orand
Amendment 805 #
Proposal for a directive
Article 14 – paragraph 1 – point b
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 842 #
Proposal for a directive
Article 17 – paragraph 2
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 849 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shallmay 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 872 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
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 878 #
Proposal for a directive
Article 21 – title
Article 21 – title
Transitional provisions and preservation of existing arrangements
Amendment 882 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existingonly 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 886 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Employment contracts concluded before [entry into force date] shall be exempt.
Amendment 888 #
Proposal for a directive
Article 22 – paragraph 1
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.