Activities of Laura AGEA related to 2017/0355(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union PDF (1 MB) DOC (207 KB)
Amendments (43)
Amendment 131 #
Proposal for a directive
Recital 8
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 toabolish all derogations and apply the provisions of theis Directive to all types of 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).
Amendment 140 #
Proposal for a directive
Recital 9
Recital 9
Amendment 176 #
Proposal for a directive
Recital 15
Recital 15
(15) Information on social security systems should include, where relevant,to be provided should include information on the receiving social security institutions and proof of registration with the social security authorities. Where relevant, it should include information on sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre- retirement or, family benefits, or benefits in respect of accidents at work and occupational diseases. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 189 #
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, in paper or electronically, at the start of employment. The relevantessential information should therefore reach them at the latest on the first day of the employment.
Amendment 218 #
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, exceptionally, be longer than sixthree 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.
Amendment 229 #
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable should benefit from a minimum predictabilitith on-demand contracts or similar forms of employment whose work is unpredictable because the worker’s employment contract does not provide for a standard working day ofr week ork where the work schedulevolume of work is variable and is mainly determined by the employer, be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients' requests, should benefit from a minimum level of stability and predictability at work.
Amendment 308 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member States may entrustshould involve the social partners within the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guaranteguaranteeing to them that they will take all the necessary steps to achieve the results sought under this Directive.
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions by promoting more secure, transparent and predictable employment while ensuring labour market adaptability.
Amendment 328 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every public and private sector worker in the Union.
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 358 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 395 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘employer'’ means one or more natural or legal person(s) who is or are directly or indirectly, or other entities, who is or are party to an employment relationship with a worker;
Amendment 403 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reference hours and days' means time slots in specified days during which work can take place at the request of the employer.
Amendment 415 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers at least of the essential aspects of the employment relationship.
Amendment 430 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof; the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;
Amendment 437 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) where possible, any training entitlement provided by the employer;
Amendment 442 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the period of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method as well as the formal requirements for determining such periods of notice, as well as the deadline for taking legal action contesting the dismissal;
Amendment 454 #
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, indicate separately payments of overtime, bonuses and other entitlements, such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 477 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum reasonable advance notice the worker shall receive before the start of a work assignment;
Amendment 480 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)
Article 3 – paragraph 2 – point l – point ii a (new)
(iia) the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours;
Amendment 490 #
Proposal for a directive
Article 3 – paragraph 2 – point m a (new)
Article 3 – paragraph 2 – point m a (new)
(ma) any break periods, where appropriate;
Amendment 504 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form ofaccompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 509 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The minimum reasonable advance notice the worker shall receive before the start of a work assignment as set out in paragraph 2 shall, where appropriate be agreed upon by the social partners at the appropriate level.
Amendment 520 #
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 byto the worker and can be storto the labour inspector and the receipt is recognised and can be filed and printed.
Amendment 540 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States, in agreement with the social partners, shall develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workers and employers including by making them available on a single official national website and by other suitable means. These templates shall be provided in all the languages of the EU.
Amendment 611 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed sixthree months, including any extension.
Amendment 620 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods not exceeding six months in cases where this is justified by the nature of the employment or is in the interest of the worker.
Amendment 628 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. A probationary period shall be without prejudice to the accrual of rights.
Amendment 658 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that where a worker's work schedule is entirely or mostly variable and entirely or mostly determined by the employer, or where the reference hours or days are variable, the worker may be required to work by the employer only:
Amendment 685 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall also ensure that the predetermined work schedule may not extend beyond the maximum weekly working hours laid down by law and that the reference hours or days must include a continuous rest period of 11 hours as provided for in Directive 2003/88/EC.
Amendment 724 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium 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 unchanged.
Amendment 731 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. If the employer fails to reply to the transition request, the transition shall be deemed to have taken effect.
Amendment 750 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The worker shall have the right to be paid as if he or she were working.
Amendment 752 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. Training must take place during working hours.
Amendment 755 #
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
1c. Employers must not make unfair deductions from pay.
Amendment 766 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allow social partners to concludnegotiate, conclude and enforce collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.
Amendment 816 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Where one or more natural or legal persons are participating in, or are directly or indirectly party to, an employment relationship with a worker, they shall be responsible for the obligations under this Directive.
Amendment 831 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive. Such measures shall include the right to reinstatement and compensation.
Amendment 837 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall provide that the deadline for bringing an action contesting dismissal be suspended for as long as the worker has not received a written justification from the employer.
Amendment 855 #
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. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of appropriate compensation.
Amendment 868 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. TApplication of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.
Amendment 889 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 8 years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on micro, small, and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.