37 Amendments of Dominique MARTIN related to 2017/0355(COD)
Amendment 85 #
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 job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and lead tocharacterised by their instability in comparison with traditional employment relationships. This instability makes employment insecure, which means that the transition between two jobs takes a long time and entails reduced predictability for the workers concerned, creating uncertainty as to 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 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 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 90 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The instability of employment is liable to make it insecure in view, in particular, of the lack of portability of entitlements to social protection, both compulsory and additional, during periods of transition between jobs.
Amendment 101 #
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 workers, 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, iIt is important to take action at the UnionMember-State level in this area by modernising and adapting the current legal framework.
Amendment 139 #
Proposal for a directive
Recital 9
Recital 9
Amendment 147 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Due to the unpredictability of on- demand work, particularly where zero- hour contracts are involved, in which no guaranteed amount of paid work is determined before the start of the employment, such contracts should be prohibited.
Amendment 153 #
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 shouldmust 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 shouldmust 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 shouldmust 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 169 #
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, workers shouldmust know how their work schedule will be established, includingparticularly the time slots in which they may be called to work and the minimum advance notice they should receive.
Amendment 172 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The advance notice period prior to a change in the distribution of hours worked by a part-time worker must not be less than 7 working days. However, the social partners may, through collective bargaining, set a period of less than 7 days but not less than 3 days, provided that the worker is compensated.
Amendment 186 #
Proposal for a directive
Recital 16
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 of the employment.
Amendment 197 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The employer has two working days from the day on which employment begins within which to communicate in writing the rights and obligations arising from the employment relationship.
Amendment 198 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) The employer must communicate this information by post in such a way as to be able to prove that the worker has received the document or, failing that, by receipted hand delivery. The notification is deemed to be effective if the worker has acknowledged receipt of the document.
Amendment 199 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to help employers to provide timely information, Member States should ensure the availability of templates at national level 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.
Amendment 204 #
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 under Directive 96/71/EC of the European Parliament and of the Council38, 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 216 #
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, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers, with the proviso that such periods must not exceed eight months.
Amendment 243 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) The minimum advance notice period which employers are required to observe for the purpose of informing workers of a new work assignment must not be less than three working days.
Amendment 247 #
Proposal for a directive
Recital 24
Recital 24
(24) Workers shouldmust 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. Workers should also have the possibility to accept the work assignment if they so wish.
Amendment 249 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In the event of penalties being imposed due to a worker’s refusal to accept a work assignment that was not notified within the minimum advance notice period, and where the worker presents factual evidence suggesting the existence of a link between the penalty and his refusal, the burden of proof should be reversed, so that it will be the employer’s responsibility to prove that there was no such link.
Amendment 258 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) If an employer rejects a request for a transfer from atypical employment to traditional employment, he must explain the objective economic reasons why he is refusing to accept the worker’s request, so that, if the worker considers that the request has been rejected for other reasons, that refusal may be the subject of an appeal during which the burden of proof to show otherwise will rest with the employer.
Amendment 348 #
Proposal for a directive
Article premier – paragraph 4
Article premier – paragraph 4
4. Paragraph 3 shall not apply to an eEmployment relationships where no guaranteed amount of paid work is predetermined before the employment starts shall be prohibited.
Amendment 516 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided individually to the worker 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 worker and can be stored and printedtwo working days after the start of the employment relationship.
Amendment 528 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
1a. As an alternative to the arrangements set out in the previous paragraph, the information referred to in Article 3(2)(l)(i) and (ii) may be provided by means of a general notice displayed in the workplace.
Amendment 531 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 564 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The document setting out the information referred to in Article 3(2) may either be forwarded by post in such a way that the worker can acknowledge receipt of it, or handed over in person against formal notification of release. Receipt of the document by the worker shall release the employer from his or her obligation.
Amendment 567 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a In the specific case referred to in Article 3(2)(l), the advance notice period prior to a change in the distribution of hours worked by a part-time worker must not be less than 7 working days. However, the social partners may, through collective bargaining, set a period of less than 7 days, but not less than 3 days, provided that the worker is compensated.
Amendment 597 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 627 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The total duration of the probationary period, including renewal, shall not exceed eight months.
Amendment 650 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Employers are not responsible for monitoring working time in employment in parallel.
Amendment 670 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) if the worker is informed by their employer of a work assignment a reasonable period in advance, – at least three days – in accordance with Article 3(2)(l)(ii).
Amendment 726 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shMember States, in agreement with the sociall provide a written reply within one month of the request. With respect toartners, shall lay down the time-frame within which, and the manner in which, the employer is required to provide a reply to the request, in such a way as to allow for the particular circumstances of natural persons acting as employers and of micro, small, or medium- sized 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 worker if the justification for the reply as regards the situation of the worker remains unchangedleave those provisions to be dealt with by collective bargaining.
Amendment 728 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. If an employer rejects a request for a transfer from atypical employment to traditional employment, he or she must provide the objective economic reasons for this refusal, so that, if the worker considers that the request has been rejected for other reasons, the worker may launch an appeal in which the burden of proof to show otherwise will rest with the employer.
Amendment 745 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Where the amount of training exceeds the employer's legal or contractual obligations concerning training, the employer may insert a training indemnity clause. This must: – be covered under a special agreement concluded before the start of the training, – not have the effect of depriving the employee of the right to resign, in that the amount of the indemnity must not exceed the actual cost of the training and the duration of the employee's commitment must be short.
Amendment 796 #
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 by providing evidence to the contrary;
Amendment 800 #
Proposal for a directive
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(aa) These presumptions shall move the responsibility for the burden of proof away from the worker and oblige employers to provide evidence that they have complied with all legal or contractual provisions.
Amendment 814 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that workers, 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 and of all the rights they enjoy under an employment relationship, in particular pursuant to national law.
Amendment 835 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Employers seeking to dismiss workers who have exercised the rights provided for in this Directive must seek prior authorisation from the national labour authorities.
Amendment 851 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall 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. The penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensation.
Amendment 885 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Member States shall take the necessary measures to support natural persons acting in their capacity as employers and companies, in particular very small and medium-sized enterprises, to help them fulfil their obligations under this Directive.