70 Amendments of Anthea McINTYRE related to 2017/0355(COD)
Amendment 77 #
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017The 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 81 #
Proposal for a directive
Recital 2 a (new)
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 83 #
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 can lead to reduced predictability for the workersemployee concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workeremployees 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 91 #
Proposal for a directive
Recital 4
Recital 4
Amendment 92 #
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workeremployees 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 formscontaining information on the essential elements of their contract or employment relationship. Taking into account the changing nature of employment crelated as a result ofionships and labour market developments since 1991in the Member States since 1991, amendments are necessary in order to ensure that all employees are informed about their essential working conditions.
Amendment 96 #
Proposal for a directive
Recital 5
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 workeremployee should therefore be established at Union level in order to guarantee all workeremployees in the Union an adequate degree of transparency and predictability as regards their working conditions.
Amendment 102 #
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 insert new rights for workeremployees, 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 105 #
Proposal for a directive
Recital 7
Recital 7
Amendment 119 #
Proposal for a directive
Recital 7 a (new)
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 136 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workeremployees 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 workn 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 workern employee as provided for in Article 2(1).
Amendment 156 #
Proposal for a directive
Recital 11
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workersevery 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 165 #
Proposal for a directive
Recital 13
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 workeremployee 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 workeremployee.
Amendment 171 #
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, workeremployees 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 191 #
Proposal for a directive
Recital 16
Recital 16
(16) WorkerEmployees 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 employmentlectronically. The relevant information should therefore reach them at the latest owithin the first 15 days of the employment.
Amendment 203 #
Proposal for a directive
Recital 18
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 213 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workeremployees 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 workeremployee, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workerspeople.
Amendment 228 #
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workeremployees 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 233 #
Proposal for a directive
Recital 21
Recital 21
(21) WorkerEmployees 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 workeremployee to respond to clients' requests.
Amendment 242 #
Proposal for a directive
Recital 23
Recital 23
(23) A reasonable minimum advance notice, understood as the period of time between the moment a workern 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 246 #
Proposal for a directive
Recital 24
Recital 24
(24) WorkerEmployees 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. WorkerEmployees should also have the possibility to accept the work assignment if they so wish.
Amendment 257 #
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workeremployees in non- standard forms of employment, a transition to more secure forms of employment should be promoted. WorkerEmployees 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 workeremployee.
Amendment 264 #
Proposal for a directive
Recital 26
Recital 26
(26) Where employeres are required by their employers, legislation or collective agreements to providundertake training to win 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 workeremployee nor withheld or deducted from the workeremployee's remuneration.
Amendment 269 #
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 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 workeremployees is not lowered.
Amendment 281 #
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 workeremployees 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 286 #
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 workeremployees 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 287 #
Proposal for a directive
Recital 30
Recital 30
(30) Specifically, having regard to the fundamental nature of the right to effective legal protection, workeremployees should continue to enjoy such protection even after the end of the employment relationship giving rise to an alleged breach of the worker'semployment rights under this Directive.
Amendment 290 #
Proposal for a directive
Recital 32
Recital 32
(32) WorkerEmployees exercising rights provided for in this Directive should enjoy protection from dismissal or equivalent detriment (such as an on-demand workeremployee no longer being assigned work) or any preparations for a possible dismissal, on the grounds that they sought to exercise such rights. Where workeremployees consider that they have been dismissed or have suffered equivalent detriment on those grounds, workeremployees and competent authorities should be able to require the employer to provide duly substantiated grounds for the dismissal or equivalent measure.
Amendment 293 #
Proposal for a directive
Recital 33
Recital 33
(33) The burden of proof that there has been no dismissal or equivalent detriment on the grounds that workeremployees have exercised their rights provided for in this Directive, should fall on employers when workeremployees 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 303 #
Proposal for a directive
Recital 36
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 workeremployees in the field covered by this Directive.
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every workeremployee in the Union.
Amendment 339 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide not to apply the obligations in this Directive to workeremployees 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 382 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘workeremployee’ 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 396 #
Proposal for a directive
Article 2 – paragraph 1 – point b
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 workern employee;
Amendment 402 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘employment relationship’ means the work relationship between workeremployees and employers as defined above;
Amendment 416 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workeremployees of the essential aspects of the employment relationship.
Amendment 426 #
Proposal for a directive
Article 3 – paragraph 2 – point b
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 workeremployee 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 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) (i) the title, grade, nature or category of the work for which the workeremployee is employed; or (ii) a brief specification or description of the work;
Amendment 441 #
Proposal for a directive
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) the amount of paid leave to which the workeremployee is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;
Amendment 450 #
Proposal for a directive
Article 3 – paragraph 2 – point i
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 workeremployee 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 459 #
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, the frequency and method of payment of the remuneration to which the workeremployee is entitled;
Amendment 463 #
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’employees standard working day or week and any arrangements for overtime and its remuneration;
Amendment 473 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point i
Article 3 – paragraph 2 – point l – point i
(i) the reference hours and days within which the workeremployee may be required to work;
Amendment 476 #
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 workeremployee shall receive before the start of a work assignment;
Amendment 488 #
Proposal for a directive
Article 3 – paragraph 2 – point m
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 526 #
Proposal for a directive
Article 4 – paragraph 1
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 workeremployee 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 workeremployee and can be stored and printed.
Amendment 546 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shallmay develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workeremployees and employers including by making them available on a single official national website and by other suitable means.
Amendment 557 #
Proposal for a directive
Article 5 – paragraph 1
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 workeremployee at the earliest opportunity and at the latest on the day it takes effect.
Amendment 568 #
Proposal for a directive
Article 6
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 605 #
Proposal for a directive
Article 7
Article 7
Amendment 617 #
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 worker or where the probationary is not linked to employment protections including dismissal and redundancy protection.
Amendment 637 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibit workeremployees from taking up employment with other employers, outside the work schedule established with that employer.
Amendment 662 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that where a workern employee's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, the workeremployee may be required to work by the employer only:
Amendment 666 #
Proposal for a directive
Article 9 – paragraph 1 – point a
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 673 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the workeremployee is informed by their employer of a work assignment a reasonable period in advance, in accordance with Article 3(2)(l)(ii).
Amendment 714 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workeremployees with at least six months' senioritycontinuous service with the same employer may request a form of employment with more predictable and secure working conditions where available.
Amendment 727 #
Proposal for a directive
Article 10 – paragraph 2
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 workeremployee if the justification for the reply as regards the situation of the workeremployee remains unchanged.
Amendment 743 #
Proposal for a directive
Article 11 – paragraph 1
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 providundertake training to win orkders to carry out the work for which they are employed, such training shall be provided cost-free to the workeremployee.
Amendment 768 #
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 practice, which, while respecting the overall protection of workeremployees, establish arrangements concerning the working conditions of workeremployees which differ from those referred to in Articles 7 to 11.
Amendment 788 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a workern 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 794 #
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, 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 807 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the workeremployee 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 815 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that workeremployees, 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 825 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect workeremployees, including workersthose 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 832 #
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 of workeremployees, on the grounds that they exercised the rights provided for in this Directive.
Amendment 843 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. WorkerEmployees 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 845 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall take the necessary measures to ensure that, when workeremployees 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 869 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workeremployees within Member States.
Amendment 870 #
Proposal for a directive
Article 19 – paragraph 2
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 workeremployees or to encourage or permit the application of collective agreements more favourable to workeremployees.
Amendment 871 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workeremployees by other legal acts of the Union.
Amendment 884 #
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 65 only upon request of a workern employee. The absence of such request shall not have the effect of excluding workeremployees from the minimum rights established under this Directive.