23 Amendments of António MARINHO E PINTO related to 2017/0085(COD)
Amendment 37 #
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workeremployees with caring responsibilities, with a 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 employmentelderly dependents or immediate relatives with incapacitating chronic diseases, women are often obliged to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities, leading some women to drop out of the labour market entirely.
Amendment 57 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced. In order to takeTaking account of differences among Member States, the right to paternity leave should be irrespectivenot depend ofn marital or family status as defined in national law.
Amendment 58 #
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to foster a close early relationship with the child and encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other.
Amendment 63 #
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 twelvehirteen years old. Member States should be able to specify the period of notice to be given by the workeremployee 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 workeremployees 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, but in these cases, the employer should provide written 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, workeremployees 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 to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 67 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workeremployees and employers should be encouraged to maintain contact during the period of leave and may, so as to make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice.
Amendment 69 #
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workeremployees with children and caring responsibiliti, elderly dependents or immediate relatives with incapacitating chronic diseases, 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 workeremployee concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 73 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workemployers should be ablegive them the possibility 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 workeremployees 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 workeremployees 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 or other family responsibilities, 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 workern employee’s request for flexible working arrangements should lie with the employer,. Specific circumstances underlying the need for flexible working arrangements can change. WorkerEmployees 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 78 #
Proposal for a directive
Recital 26
Recital 26
(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workeremployees against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. VictimEmployees may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function.
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) "single parent or carer" means a person who is neither married nor in a partnership as recognised by national law, and who has sole parental or family responsibility for a child, elderly dependents or immediate relatives with incapacitating chronic diseases.
Amendment 96 #
Proposal for a directive
Article 4.º – paragraph 1
Article 4.º – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least twelven working days on the occasion of the birth or adoption of a child.
Amendment 98 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of their length of service and the nature of their contract.
Amendment 100 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workeremployees have an individual right to parental leave of at least foursix months for each child to be taken before the child reaches a given age which shall be at least twelve. hirteen.
Amendment 106 #
Proposal for a directive
Article 5.º – paragraph 1 a (new)
Article 5.º – paragraph 1 a (new)
1a. The length of parental leave shall be doubled for parents looking after a child with a disability or serious illness.
Amendment 107 #
Proposal for a directive
Article 5.º – paragraph 1 b (new)
Article 5.º – paragraph 1 b (new)
1b. The length of parental leave shall be doubled for single parents.
Amendment 111 #
Proposal for a directive
Article 5.º – paragraph 2
Article 5.º – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least fourthree months of parental leave cannot be transferred.
Amendment 114 #
Proposal for a directive
Article 5.º – paragraph 4
Article 5.º – paragraph 4
4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed onine yearmonths. In the case of successive fixed- term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).
Amendment 128 #
Proposal for a directive
Article 7.º – paragraph 1
Article 7.º – paragraph 1
Member States shall take the necessary measures to ensure that workeremployees 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 workeremployee indispensable. Member States may limitmake theis right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or bothconditional on the submission of evidence to substantiate the alleged facts.
Amendment 131 #
Proposal for a directive
Article 8.º – paragraph 1
Article 8.º – paragraph 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 workeremployees exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the workeremployee concerned would receive in case of sick leave.
Amendment 136 #
Proposal for a directive
Article 9.º – paragraph 1
Article 9.º – paragraph 1
1. Member States shall take the necessary measures to ensure that workeremployees with children up to a given age, which shall be at least twelvethirteen, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 141 #
Proposal for a directive
Article 9.º – paragraph 2
Article 9.º – paragraph 2
2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workeremployees. Employers shall also justify any refusal of such a request in writing.
Amendment 145 #
Proposal for a directive
Article 9.º – paragraph 3
Article 9.º – paragraph 3
3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the workeremployee shall have the right to return to the original working pattern at the end of the agreed period. The workeremployee shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workeremployees.
Amendment 152 #
Proposal for a directive
Article 13.º – paragraph 1
Article 13.º – paragraph 1
Member States shall lay down rules on penalties applicable to breaches of 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 compensationeffective, dissuasive and proportionate penalties are applied.
Amendment 156 #
Proposal for a directive
Article 14.º – paragraph 1
Article 14.º – paragraph 1
Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives,employees from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.