Activities of Enrico GASBARRA related to 2017/0085(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU
Amendments (38)
Amendment 26 #
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 and expressly prohibits any discrimination based on gender, even in pursuit of a work-life balance.
Amendment 31 #
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 for men to share c and encouraging the participation and role of men in family life (as mentioned in Article 24 of the Charter of Fundamental Rights: 'Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests') in favour of a fair sharing of responsibilities on an equal basis with women, and closingfor bringing up and caring for children, thereby helping to close the gender gaps in earnings, pay and payensions. Such policies should take into account demographic changes including the effects of an ageing population: promoting a better work-life balance could in fact represent an important incentive for increasing the birth-rate.
Amendment 32 #
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 Council16, Directive 2010/41/EU of the European Parliament and of the Council17, Council Directive 92/85/EEC18, Council Directive 97/81/EC19, Council Directive 2010/18/EU20 and Council Directive 20100/178/EU20C. For the purposes of proposals to achieve a better work-life balance, it is also important to refer also to more recent EU actions, in particular the 'Women's Charter' and the 'Strategic Engagement for Gender Equality 2016- 2019'; the Gender Action Plan 2016- 2020; and Commission Communication COM/2016/0127 launching a consultation on the gender-based fragmentation of the labour market to contribute to the construction of a European Pillar of Social Rights. _________________ 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, of 15.07.2010, 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, of 18.03.2010, p. 13).
Amendment 33 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) According to the data for October 2017 (Commission statistics), the male employment rate in the EU was 71.9%, compared to a female employment rate of 61.4%, despite the fact that women have a higher level of education.
Amendment 36 #
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 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 tenare obliged to work lessfewer 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 partly or entirely.
Amendment 38 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) According to Eurofound data, over three million people have left full-time employment because they lack facilities for childcare or for caring for dependent family members.
Amendment 42 #
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance or inadequacy in the design of work-life balance policies between women and men slows down growth, leads to a departure from the objectives of social inclusion, puts women at greater risk of poverty, especially in old age, and reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment and their social, economic and professional emancipation.
Amendment 45 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is important to achieve a balance between professional, private and family life through a broad approach which includes legislative and non- legislative actions, including effective incentives and measures, such as tax credits for childcare and for caring for people in need.
Amendment 47 #
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to repeal and replacego beyond Directive 2010/18/EU which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners. This Directive builds, in particular, upon the rules laid down in Directive 2010/18/EU and complements them by strengthening existing rights and by introducing new rights.
Amendment 50 #
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 both parents and for carers, this Directive shouldeeks to contribute to the Treaty-based goals of equality between men and women with regard to social inclusion, labour market opportunities, equal treatment as regards social rights and pay (Article 157 TFEU) at work and the promotion of a high level of employment in the Union.
Amendment 51 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. 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 or open- ended contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 52 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The Directive will have to confirm the priority of establishing a good work- life balance without resorting to the introduction of precarious and atypical working conditions,
Amendment 53 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) The Directive also aims to improve and strengthen the provisions concerning admissibility and regulatory certainty for the granting of parental leave to those with children with disabilities or serious long-term illnesses, especially in order to avoid arbitrary treatment regarding the granting of leave for the relevant age groups going beyond the provisions of current regulations, the introduction of vouchers or special contributions to meet the costs of child care services.
Amendment 55 #
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 paid and mandatory 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 61 #
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 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 in writing 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 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 (single parents, children with disabilities, serious illnesses).
Amendment 74 #
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 hourpart-time work, giving priority to other flexible working arrangements. While working part-time has indeed 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 76 #
Proposal for a directive
Recital 23
Recital 23
(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination, retaliation or any less favourable treatment on that ground.
Amendment 77 #
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal, pressures and mobbing to the detriment of the worker and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.
Amendment 79 #
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 workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be able to enjoy maximum protectedion from any adverse treatment where they exercise their rights provided for by this Directive. SuchThe same protection is particularly relevant as regardsshould also be provided for workers' representatives in the exercise of their function.
Amendment 81 #
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 in terms of social rights and pay through facilitating the reconciliation of work and family life for working parents and carers.
Amendment 88 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means a worker's son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law and also an uncle/aunt/grandfather/ grandmother/grandchild who is dependent on the worker and is shown to be in need of special care and assistance;
Amendment 93 #
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 leaveid paternity leave - like maternity leave - on a mandatory basis of at least tfourteen working days on the occasion of the birth of a child.
Amendment 99 #
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 paid at least what they are legally owed on sick days of at least four months to be taken before the child reaches a given age which shall be at least twelvehirteen.
Amendment 109 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – 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 three of the four months of parental leave cannot be transferred.
Amendment 112 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – 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 one year. 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 compulsorily 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 116 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, even if given advance notice, may be allowed to postpone the granting of parental leave by a reasonable period of time and in any case by never more than 20 successive days on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shallare required to justify any postponement of parental leave in writing.
Amendment 119 #
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 toextended to meet the needs of adoptive parents, parents having a disability, single parents (single-parent families) and parents with children with a disability or serious long-term illness. In particular, for parents of children with disabilities and extremely serious illnesses – according to the certification established by the national health authorities – the rejection of requests for parental leave shall be specifically forbidden.
Amendment 121 #
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 paid carers' leave of at least fiseven working days per year, per worker. Such right mayust be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 125 #
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 129 #
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, a tax credit or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 138 #
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelvehirteen, 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 140 #
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. In particular, for parents of children with disabilities and extremely serious illnesses - according to the certifications established by the national health authorities - the rejection of requests for flexible working arrangements shall be expressly forbidden. For workers with children under the conditions indicated, the right to flexible working arrangements is extended until the children reach the age of eighteen.
Amendment 143 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. Provision should also be made for a 'protection period' at the time of re-entry to allow the worker an easier and more effective reintegration into professional life, bearing in mind that, in this transitional phase, the use of new technologies could help workers to move more quickly towards resuming work in a lasting, more agile manner, while updating their skills. The worker 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 to such requests, taking into account the needs of both employers and workers.
Amendment 148 #
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 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 mayare entitled to request the employer to provide duly substantiated grounds for the dismissal. The employer shall be required to provide those grounds in writing.
Amendment 151 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – 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 compensation. In cases of the inadmissible rejection of requests for parental leave or care leave - as established for parents of children with disabilities and extremely serious illnesses according to the certification drawn up by national health authorities - the obligation immediately to grant leave shall be established by the judicial authorities by an accelerated procedure.
Amendment 155 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or any form of retaliation, discrimination 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.
Amendment 158 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, but never below the standards currently in force in national legislation. They shall however ensure that at least four months of parental leave remain non- transferable in accordance with Article 5(2) and that the leave protection is mandatory for parents of children with disabilities and extremely serious illnesses - pursuant to the certification established by the national health authorities.
Amendment 161 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by fivthree years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directiveand an in-depth evaluation of the effects of the Directive on female employment statistics, accompanied, if appropriate, by a legislative proposal.