BETA

18 Amendments of Rina Ronja KARI related to 2017/0355(COD)

Amendment 127 #
Proposal for a directive
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1).deleted
2018/06/28
Committee: EMPL
Amendment 143 #
Proposal for a directive
Recital 9
(9) Due to the unpredictability of on- demand work including zero-hour contracts, the derogation of 8 hours per month should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment.deleted
2018/06/28
Committee: EMPL
Amendment 149 #
Proposal for a directive
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or, partially or jointly responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
2018/06/28
Committee: EMPL
Amendment 162 #
Proposal for a directive
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for, additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
2018/06/28
Committee: EMPL
Amendment 192 #
Proposal for a directive
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevant information should therefore reach them at the latest on the first day ofbefore starting the employment relationship.
2018/06/28
Committee: EMPL
Amendment 202 #
Proposal for a directive
Recital 17
(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level in all EU languages, including relevant and sufficiently comprehensive information on the legal framework applicable. These templates may be further developed at sectoral or local level, by national authorities and social partners.
2018/06/28
Committee: EMPL
Amendment 208 #
Proposal for a directive
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will find the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply iThese obligations apply to any kind of posting, without prejudice of the duration of the work period abroad is more than four consecutive weeks. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
2018/06/28
Committee: EMPL
Amendment 241 #
Proposal for a directive
Recital 23
(23) A reasonable minimum advance notice of fifteen days, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may varybe longer according to the needs of sectors, while ensuring adequate protection of workers. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
2018/06/28
Committee: EMPL
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 3
3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 8 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.deleted
2018/06/28
Committee: EMPL
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 4
4. Paragraph 3 shall not apply to an employment relationship where no guaranteed amount of paid work is predetermined before the employment starts.deleted
2018/06/28
Committee: EMPL
Amendment 360 #
Proposal for a directive
Article 1 – paragraph 6
6. Member States may decide not to apply the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household where work is performed for that household.deleted
2018/06/28
Committee: EMPL
Amendment 475 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work assignment, that shall be at least fifteen days;
2018/06/28
Committee: EMPL
Amendment 512 #
Proposal for a directive
Article 4 – paragraph 1
1. The employment relationship shall be established in a written contract of employment. The information referred to in Article 3(2) shall be provihanded individually to the worker in the form of a document at the latest on the first day of the employment relationship. Twritten document, in the language of the worker, attached at the latest before the signature of the written contract. On request of the worker, that document may be provided and transmitted also electronically as long as it is easily accessible by the worker, the receipt is acknowledged and can be stored and printed.
2018/06/28
Committee: EMPL
Amendment 537 #
Proposal for a directive
Article 4 – paragraph 2
2. Member States, in cooperation with social partners, shall develop templates and models for the document referred to in paragraph 1 and 1 a. and put them at the disposal of workers and employers including by making them available on a single official national website, social partners websites and by other suitable means. Those templates and models shall be provided in all EU languages.
2018/06/28
Committee: EMPL
Amendment 562 #
Proposal for a directive
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the dayfifteen days before it takes effect.
2018/06/28
Committee: EMPL
Amendment 572 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided fifteen days before his or her departure and shall include at least the following additional information:
2018/06/28
Committee: EMPL
Amendment 687 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
1a. Where notice is given of a work assignment, the worker is entitled to be paid for the hours of which they were notified. If work assignment is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.
2018/06/28
Committee: EMPL
Amendment 760 #
Proposal for a directive
Article 12 – paragraph 1
Member States may allow sSocial partners tocan conclude collective agreements, including collective agreements concluded by the most representative social partners at the national level, in conformity with the national law or practice, which, while respecting the overall protection of workers and providing more favourable working conditions, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11is directive. Any such collective agreement can only be challenged in accordance with national law and/or practice.
2018/06/28
Committee: EMPL