29 Amendments of Marco VALLI related to 2017/0085(COD)
Amendment 47 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Work-life balance policies should promote women’s participation in the labour market, closing the gender pay gap and reducing the poverty that is increasingly affecting women.
Amendment 98 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should also provide protection for those categories of workers who practise a profession or are self- employed or entrepreneurs.
Amendment 109 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships, including atypical contracts. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 120 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to encouragestablish 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 take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.
Amendment 126 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should take specific measures whereby all benefits under this Directive will be applicable when parents are making a lengthy stay abroad in order to complete an international adoption procedure.
Amendment 148 #
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, taking into particular account the requirements of micro, small, and medium-sized enterprises. 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 ifdetermine whether 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 to accept such a request for parental leave in other flexible forms other than full-time. Member States should also assess ifdapt the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 176 #
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 ofor elderly family members and/or other relatives in need of care, workers with a seriously ill or dependaent relative 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, proof of the serious illness or dependency may be required prior to granting of the leave. To simplify leave requests, however, carers should be required to furnish such proof once only under a simplified standard procedure.
Amendment 181 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States should encourage subsidised home care arrangements by supporting ‘independent living’ projects which give persons requiring assistance the option of seeking help from qualified professionals; both men and women would thus be able to combine their working lives more easily with caring for elderly relatives, or for those who have a disability and/or are in need of support.
Amendment 210 #
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, with the proviso that the necessary safeguards should always be in place in order to avert all forms of abuse. In order to address the needs of workers and employers, and of micro, small, and medium-sized enterprises in particular, 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. 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 214 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Member States should provide working parents with suitable childcare facilities and services that are of high quality and affordable for all income groups.
Amendment 261 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Member States should provide for tax relief and/or incentives to help micro, small, and medium-sized enterprises comply with the terms of this Directive.
Amendment 278 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State.
Amendment 289 #
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 or adoption of a child;
Amendment 294 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means leave from work on the grounds of the birth or, adoption or award of custody of a child to take care of that child;
Amendment 297 #
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 381 #
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 right to take paternity leave of at least ten working days on the occasion of the birth or adoption of a child.
Amendment 402 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have 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. Member States shall ensure that protection measures are also applied to the self-employed, professionals and entrepreneurs.
Amendment 429 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular those in micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 430 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(3a) Member States shall take specific measures to ensure that all benefits provided for by this Directive apply when parents go abroad for a protracted period in order to complete an international adoption procedure.
Amendment 447 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States mayshall define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 492 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall adopt financial measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The financial incentives must be calculated on the basis of the worker’s reference income.
Amendment 519 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – 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 workers 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 worker concerned would receive in case of sick leave. With regard to self-employed workers, professionals and entrepreneurs, Member States shall make provision for adequate safeguards to provide a minimum level of support for the family unit for the period of leave.
Amendment 534 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, 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 limitationWherever possible, Member States shall also provide for instruments such as teleworking and target-oriented work. For the duration of such flexible working arrangements, provision shall be made for all necessary protective measures to prevent all forms of abuse.
Amendment 548 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 558 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal of such a request.
Amendment 571 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 646 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Non-regression The implementation of this Directive shall not be sufficient grounds for regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.
Amendment 648 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of the persons concerned throughout their territory, also through the Single Digital Gateway.
Amendment 665 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including gender-specific data on the take-up of the different types of leave set out in this Directive and their impact on micro, small and medium-sized enterprises, accompanied, if appropriate, by a legislative proposal.