63 Amendments of Brando BENIFEI related to 2017/0355(COD)
Amendment 82 #
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 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, however, are often precarious and not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection. Non-standard forms of employment are particularly common among younger generations of workers. Precariousness affects young people disproportionately, as their position in the labour market is already vulnerable, due to protracted transitions between education and employment and a general lack of entry-level jobs. 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 to adequately to frame the development of new forms of employment, protect workers in the Union, and young workers in particular, workers should also be provided with a number of new minimum rights aimed at promoting quality, 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 88 #
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC,33 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 to reduced predictability for the workers concerned, creating uncertainty as tond precariousness as to working conditions, applicable rights and social protection. In this evolving world of work, there is therefore an increased need for all workers in all types of employment relationship 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 adaptabililegal certainty. __________________ 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 93 #
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right to receive written information about their working conditions. Directive 91/533/EEC does not however cover all workers in the Union. Moreover, gaps in protection have emerged forthe rise of new forms of employment, created as a result of labour market developments since 1991, has further highlighted existing gaps in protection.
Amendment 98 #
Proposal for a directive
Recital 5
Recital 5
(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be strengthened and established at Union level in order to guarantee all workers in the Union an adequate degree of transparency and predictability as regards their working conditions.
Amendment 109 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. To address the precarious position of young people in the labour market, Member States are encouraged to extend the application of this Directive to all trainees and apprentices, regardless of whether they are paid or not. This is further supported by the jurisprudence of the Court of Justice, which has established that a person performing real work in the context of a traineeships, should be regarded as a worker, even if remuneration is not provided by their employer.34a __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15. 34a Judgment of the Court (First Chamber) of 9 July 2015 Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH.
Amendment 110 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and, apprentices could come within scope of this Directive, au-pairs, researchers and everyone who is factually in any other type of employment relationship should come within scope of this Directive. It should also be taken into account that digitalisation of the world of work in some sectors brings about factual subordination of the natural person performing the work. In order to support implementation of the Directive at national level, the determination of the existence of an employment relationship should be guided among others by criteria provided in the ILO Recommendation No. 198 (2006). __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 117 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The European Parliament, the Council and the Commission solemnly proclaimed the European Pillar of Social Rights in their Interinstitutional proclamation of 17 November 2017. Principle 12 of the Pillar states that regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection. Social protection systems are the cornerstone of the Union social model and of a well-functioning social market economy. The key function of social protection is to protect people against the financial implications of social risks, such as illness, old age, accidents at work, or job loss, to prevent and alleviate poverty and uphold a decent standard of living. In some Member States, certain categories of workers such as workers on short part-time workers, seasonal workers, on-demand workers, platform workers and those on temporary agency contracts or traineeships are excluded from social protection schemes. Moreover, workers who do not have full- time, open-ended contracts can encounter difficulties in being effectively covered by social protection, because they may not fulfil the entitlement criteria for receiving benefits from contributions-based social protection schemes.
Amendment 130 #
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 to apply the provisions of the Directive to a 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)eliminate these derogations.
Amendment 142 #
Proposal for a directive
Recital 9
Recital 9
Amendment 152 #
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 should 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 should 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 should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the houseensure that when there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations. Member States should from thebe able to adapt the specific rules regarding obligations to consider and respond to a request for a different type of employment, to provide and those on cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementfor individuals acting as employers for domestic workers in their household.
Amendment 154 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the growth of the platform economy and the urgent pressure to regulate the provision of services by workers to recipients through the intermediary of an Internet platform, and in the absence of the specific regulation of working conditions in this sector, it is necessary to provide tools at National and European level to ensure fair and secure working conditions for all workers and a level playing field for all types of business models.
Amendment 155 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) According to the ECJ, the activities of an au-pair display the characteristics to enable, in principle, those who perform the said activities to be workers, as au-pair work is done under the direction of another person and in exchange of remuneration for the services performed. The concept of ‘worker’ in EU law extends to a person who serves a traineeship or periods of apprenticeship in an occupation that may be regarded as practical preparation related to the actual pursuit of the occupation in question, provided that the periods are served under the conditions of genuine and effective activity as an employed person, for and under the direction of an employer.
Amendment 157 #
Proposal for a directive
Recital 11
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adapt that listminimum list of essential aspects, which may be enlarged by Member States, in order to take account of developments on the labour market, in particular the growth of non- standard forms of employment.
Amendment 161 #
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include all elements of the remuneration, indicating accurately all elements and entitlements as well as their method of calculation where appropriate, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
Amendment 188 #
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 relevant information should therefore reach them at the latest on the first day of the employment.
Amendment 194 #
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 atprior to the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.
Amendment 200 #
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, developed in consultation with the social partners, 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 227 #
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit, prevent or hinder workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council.39 IMember States may establish incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 39 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).
Amendment 231 #
Proposal for a directive
Recital 21
Recital 21
(21) Workers whose work schedule is mostly variable, or whose reference hours/days are variable, should benefit from a minimum predictability of work where the work schedule 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.
Amendment 248 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In the spirit of Principle 5 of the European Pillar of Social Rights, it is necessary to specifically prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship such as zero- hour contracts. Member States should ensure that employers who regularly use variable work schedules and variable reference hours/days provide relevant information to competent authorities if they so request. They should ensure also that after a certain period the employment relationship, for which an average of number of hours can be considered as normal, these hours should come to constitute the minimum guaranteed number of paid hours. Member States should ensure that the employers pay a premium for non-guaranteed hours of work.
Amendment 250 #
Proposal for a directive
Recital 25
Recital 25
(25) While new forms of employment have been a driver of job creation and labour market growth, they are more open to insecure and unpredictable working conditions. Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, including traineeships, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker. In case of refusal, the letter should include a clear and objective justification.
Amendment 251 #
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response duly justified from the employer, which takes into account the needs of the employer and of the worker and where any refusal is based in objective business conditions.
Amendment 261 #
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment, and that such training is carried out during working hours. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The worker should continue to be entitled to receive remuneration during their training.
Amendment 268 #
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different, provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Threon minimum standards set in Chapter Three of this Directive can be adapted and/or complemented for the pursuit of the purpose of this Directive. Member States should therefore be able to allow social partners to conclude or uphold collective agreements modifying the provisions contained in that cChapter III, as long as the overall level of protection of workers is not lowered.
Amendment 282 #
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or ofand an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in whichshould have a set term in which the employer is to supply complete and correct information. __________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
Amendment 298 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Member States should ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status, with respect to comparable permanent workers.
Amendment 299 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) Member States should ensure that workers have access to social protection regardless of the type of their employment relationship.
Amendment 300 #
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34c) Member States shall ensure that workers in mostly variable work schedules or with variable reference hours/days have access to safety and health protection.
Amendment 315 #
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 and predictable employment while ensuring labour market adaptabilityfor every worker, regardless of the type and duration of the employment relationship.
Amendment 317 #
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 320 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union, ensuring for all of them a core set of enforceable rights, regardless of the type of contract, employment relationship or if they are working in the public or private sector.
Amendment 333 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 343 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. When there is more than one natural or legal person that, directly or indirectly, bears the obligations for employers set out in this Directive, all of these persons are jointly and severally liable for these obligations. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 363 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
6. Member States may decide not to applyto adapt the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household whereacting as employers for domestic work is performed for thateir household, if objective specific difficulties exist to comply with them.
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. Member States should take specific account of the platform economy as the provision of services by workers to recipients through the intermediary of an Internet platform, whose commercial activities are designed to make profits. In the absence of specific national or European regulation of the working conditions in the platform economy, it shall be deemed that the underlying contractual relationship to provide services through platform work is an employment relationship between the worker and the platform falling under the scope of this Directive. This legal presumption may be rebutted by the Internet platform.
Amendment 366 #
Proposal for a directive
Article 1 – paragraph 6 b (new)
Article 1 – paragraph 6 b (new)
6b. In the absence of specific national or European regulation of the working conditions of au-pairs, it shall be deemed that the employment relations covering au-pair work fall under the scope of this Directive.
Amendment 367 #
Proposal for a directive
Article 1 – paragraph 6 c (new)
Article 1 – paragraph 6 c (new)
6c. In the absence of specific national or European regulation of the working conditions of apprenticeships and traineeships, it shall be deemed that the employment relations covering apprenticeships and traineeships fall under the scope of this Directive.
Amendment 381 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration or who is factually in any type of employment relationship;
Amendment 407 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) ‘social protection scheme’ means a distinct framework of rules to provide benefits to entitled beneficiaries. Such rules specify the personal scope of the programme, entitlement conditions, the type of benefits, benefit amounts, benefits’ duration and other benefit characteristics, as well as the financing (contributions, general taxation, other sources), governance and administration of the programme.
Amendment 411 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. For the purposes of this Directive the determination of the existence of an employment relationship should be guided primarily by the facts relating to the performance of work, the actual nature of the activity and the remuneration of the worker, regardless of how the relationship is characterised in any contrary arrangement, contractual or otherwise, that may have been agreed between the parties. An employment relationship will be deemed to be existing provided that some of the following indicators are present: (a) the fact that the work is carried out according to the instructions and under the control of another party; the terms and conditions for the provision of work and the price and conditions of the services provided are settled unilaterally by another party; the duties fall under the company normal activity; the business activity is controlled and organised by another party; involves the integration of the worker in the organization of the enterprise; the work performed is similar to that of existing employees or to work formerly carried out by employees; is performed solely or mainly for the benefit of another person; is carried out personally by the worker; is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; is of a particular duration and has a certain continuity; requires the worker’s availability or involves the provision of tools, digital means, materials and machinery by the party requesting the work; responsibility for investment and management in the business correspond to another party; (b) periodic payment of remuneration to the worker; the fact that such remuneration constitutes the worker’s sole or principal source of income and implies economic dependence; provision of payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; or absence of financial risk for the worker or participation in the profits;
Amendment 413 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship, including minimum social and labour rights they are entitled to.
Amendment 453 #
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, indicating 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 495 #
Proposal for a directive
Article 3 – paragraph 2 – point n a (new)
Article 3 – paragraph 2 – point n a (new)
(na) any benefits in kind which the employer provides for the worker;
Amendment 497 #
Proposal for a directive
Article 3 – paragraph 2 – point n b (new)
Article 3 – paragraph 2 – point n b (new)
(nb) any categorization into a general pay scheme;
Amendment 508 #
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 (l) shall, where appropriate, be agreed upon by the social partners at the appropriate level.
Amendment 530 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The employer will provide in paper or electronically and with acknowledgment of receipt, a copy of the document as referred to in Article 4 (1) to the workers representatives, at the appropriate level, in accordance with national law and practice and with Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Union and with Regulation 679/2016 on data protection.
Amendment 543 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop with social partners at the appropriate level, 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.
Amendment 544 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall, in consultation with social partners, 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.
Amendment 547 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements which have been declared universally applicable and governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens, trade unions and businesses.
Amendment 588 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that this notification is in line with the provisions laid down in Articles 4 and 5 of this Directive, and that the employer provides the additional information about the applicable rules to the worker in writing or electronically. Regardless of the medium, receipt of the information by the worker must be acknowledged, it must be possible to store and print the information, and the information must be easily accessible for the worker and the labour inspectorate.
Amendment 619 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the workerAny probationary period shall not hamper the accrual of workers’ rights.
Amendment 625 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The duration of traineeships and apprenticeships count as probationary period, when trainees and apprentices are offered a work contract by their employer.
Amendment 696 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Member States shall prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship.
Amendment 704 #
Proposal for a directive
Article 9 b (new)
Article 9 b (new)
Amendment 710 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request, at the same enterprise, group or entity, may request to turn their employment relationship into a form of employment with more predictable and secure working conditions where available.
Amendment 713 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer, including traineeships, may request a form of employment with more predictable and secure working conditions where available.
Amendment 739 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, such training shall be provided cost-free to the worker and shall take place during working hours. Moreover, workers undertaking training shall continue to be entitled to receive remuneration.
Amendment 740 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employers are required by Union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed, whether prior to or during the employment relationship, such training shall be provided cost-free to the worker who remains entitled to his or her full remuneration.
Amendment 839 #
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 ensure that the term for bringing an action contesting the dismissal is suspended, as long as the worker has not received written justification from the employer.
Amendment 859 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Equal treatment The Member States shall ensure: (a) that the principle of equal pay and terms and conditions apply to all workers, regardless of their employment status, with respect to comparable permanent workers; (b) where there is no comparable permanent worker in the same establishment, that the comparison shall be made by reference to the applicable collective agreement, or where there is no applicable collective agreement, in accordance with national law, collective agreements or practice; (c) the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment, regardless of the employment status.
Amendment 860 #
Proposal for a directive
Article 18 b (new)
Article 18 b (new)
Article 18b Access to social protection Member States shall ensure that workers have access to social protection by extending formal coverage on a mandatory basis to all workers, regardless of the type of their employment relationship.
Amendment 861 #
Proposal for a directive
Article 18 c (new)
Article 18 c (new)
Article 18c Health and safety at work Member States shall take the necessary measures to ensure that workers in variable work schedules and variable reference hours/days have access to safety and health protection, prevention services and facilities with regard to the health and safety at work appropriate to the nature of their work.