Activities of Sofia RIBEIRO related to 2017/0085(COD)
Plenary speeches (1)
Work-life balance for parents and carers (debate) (debate) PT
Amendments (40)
Amendment 21 #
Proposal for a directive
Recital 1
Recital 1
(1) Article 153(1)(i) of the Treaty on the Functioning of the European Union enables the Union to support and complement the activities of the Member States, in the field of equality between men and women with regard to labour market opportunities and treatment at work.
Amendment 25 #
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.
Amendment 41 #
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, making it easier forencouraging men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings and pay. Such policies should take into account demographic changes including the effects of an ageing population.
Amendment 49 #
Proposal for a directive
Recital 6
Recital 6
(6) At Union level, several Directives in the fields of gender equality and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council 16 , Directive 2010/41/EU of the European Parliament and of the Council 17 , Council Directive 92/85/EEC 18 , Council Directive 97/81/EC 19 and Council Directive 2010/18/EU 20. __________________ 16 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 17 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1). 18 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1). 19 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9). 20 Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, p. 13).
Amendment 64 #
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a particularly negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 106 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union.
Amendment 146 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not toThe employer should accept such a requests for parental leave in other flexible forms than full-time, unless there are compelling and justified reasons not to do so. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to favour the specific needs of parents in particularly disadvantaged situations.
Amendment 171 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative in need of care or support due to a disability or physical or mental health condition should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, medical proof of the serious illness or dependencyhealth condition may be required prior to granting of the leave.
Amendment 190 #
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned woul’s pay, so as to avoid creceive ating disincentives for having case of sick leavehildren. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 203 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer,employer should accept flexible working arrangements, unless there are compelling and justified reasons not to do so. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 249 #
Proposal for a directive
Recital 30
Recital 30
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work through facilitating the reconciliation of work and family life for working parents and carers.
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) maternity leave, paternity leave, parental leave and carers' leave;
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) “paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth of a child;
Amendment 293 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) “maternity leave” means paid leave from work for mothers to be taken on the occasion of the birth of a child;
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) “carer" means a worker providing personal care or support in case of a serious illness or dependency of a relativeto a relative of any age who needs care or support as a result of a serious disability or serious mental or physical health condition;
Amendment 332 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “relative" means a worker's next of kin (son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law or sibling), second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half-siblings) or spouse or partner in civil partnership as provided for in national law, foster and adopted children, whether the worker’s own family or a spouse or partner’s family;
Amendment 343 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 360 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) “carers’ leave” means care providers may take time off work to provide personal care or support to a relative who needs care or support owing to a serious disability or a serious mental or physical health condition;
Amendment 380 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the rightare obliged to take paternity leave of at least ten working days on the occasion of the birth of a child.
Amendment 396 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Paternity leave shall be enshrined mutatis mutandis for same-sex families;
Amendment 397 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Maternity leave Member States shall take the necessary measures to ensure that mothers have the right to take maternity leave of at least 30 working days on the occasion of the birth of a child.
Amendment 401 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that every workers haves an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 416 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States grant a longer leave period than that established in the previous paragraph and allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of individual parental leave cannot be transferred; where Member States grant parental leave longer than the four-month minimum set out in this Directive, a limited period may be transferred not only to the other parent, but also to the individuals who actually care for the child, such as grandparents who work.
Amendment 435 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 462 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or long-term illness and parents of twins, which may not be set at a lower level than under this Directive.
Amendment 476 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativphysical or mental condition or disability of the person in need of care and support and, if possible, of that person’s wish to receive care and support from the relative concerned. Information on the medical condition or loss of autonomy shall be kept confidential and shared only with a small number of services involved in order to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 489 #
Proposal for a directive
Article 6 – paragraph 1 – point 1 (new)
Article 6 – paragraph 1 – point 1 (new)
(1) Member States shall take the necessary measures to ensure that workers have the right to paid carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 490 #
Proposal for a directive
Article 6 – paragraph 1 – point 2 (new)
Article 6 – paragraph 1 – point 2 (new)
(2) Member States shall take the necessary measures to ensure that carers have the right to take time off from work in order to provide care that has been substantiated pursuant to the previous point.
Amendment 497 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 522 #
Proposal for a directive
Article 8 – paragraph 1 – point 1 (new)
Article 8 – paragraph 1 – point 1 (new)
(1) In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 3, 4 or 5 will receive a payment or an allowance at least equivalent to their pay, so as to avoid creating disincentives for having children.
Amendment 524 #
Proposal for a directive
Article 8.º – paragraph 1 – point 2 (new)
Article 8.º – paragraph 1 – point 2 (new)
(2) Member States shall ensure that workers exercising the rights to leave referred to in Article 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 572 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Supervising children and young people Member States shall take steps to ensure that parents can supervise their children on an ad hoc basis, notably in order to learn about their progress at school, and provision shall be made for ad hoc arrangements to adjust working hours or for paid absences or leave.
Amendment 577 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 3, 4, 5 or 6 starts shall be maintained until the end of such leave. At the end of such leave, those rights, including any changes arising from national law, collective agreements or practice, shall apply.
Amendment 579 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that, at the end of leave referred to in Article 3, 4, 5 or 6, workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 585 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 3, 4, 5 or 6, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.
Amendment 600 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 3, 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 612 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 3, 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9.
Amendment 618 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 3, 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.