66 Amendments of Lucy ANDERSON related to 2017/0355(COD)
Amendment 115 #
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. __________________ 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 128 #
Proposal for a directive
Recital 8
Recital 8
Amendment 187 #
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 writingthe form of a document, paper or electronic, at the start of employment. The relevant information should therefore reach them at the latest on the first dayprior to the commencement of the employment relationship.
Amendment 316 #
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 transparent secure and predictable employment while ensuring labour market adaptability.
Amendment 327 #
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 private and public sector, in the Union.
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 346 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 353 #
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. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are or indirectly party to an employment relationship with the worker, they shall be jointly and severally liable for obligations under this Directive.
Amendment 361 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 380 #
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 works for another person in a relationship of economic dependence;
Amendment 405 #
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 410 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purposes of this Directive the terms ‘microenterprise’, ‘small enterprise’ and ‘medium-sized enterprise’ shall have the meaning set out in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises43 or in any subsequent act replacing that Recommendation. __________________ 43 OJ L 124/36, 20.05.2003. OJ L 124/36, 20.05.2003.
Amendment 419 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall as a minimum include:
Amendment 431 #
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; in the case of temporary agency workers, the name and the pay scales of the user undertaking in order to provide for equal pay;
Amendment 447 #
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the periods 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 for determining such periods of notice, as well as the deadline for taking legal action contesting the dismissal;
Amendment 455 #
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 460 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not variable, the length of the worker’s standarcontracted working day or week and any, the arrangements for overtime and its remuneration; where applicable, the arrangements for working outside the worker’s contracted working day or week, including shift changes;
Amendment 467 #
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the higher remuneration of work performed in addition to the contracted amount of guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:
Amendment 474 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii
Article 3 – paragraph 2 – point l – point ii
(ii) the minimum advance notice the worker shall receive before the start of a work, assignment agreed upon by the social partners at the appropriate level;
Amendment 487 #
Proposal for a directive
Article 3 – paragraph 2 – point m
Article 3 – paragraph 2 – point m
(m) any collective agreements governing the worker’s conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded; the cut off periods if any;
Amendment 489 #
Proposal for a directive
Article 3 – paragraph 2 – point m a (new)
Article 3 – paragraph 2 – point m a (new)
(ma) the right of workers to join Trade Unions and be represented by a Trade Union, and where it exist, information about Trade Unions present in the company;
Amendment 502 #
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 523 #
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 ofprior to the employment relationship. That document may be provided and transmitted also electronically as long as it is easily accessible by the worker, and the labour inspector, and can be stored and printed.
Amendment 533 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The document referred to in paragraph 1 shall be provided simultaneously to the worker´s representative and the responsible social protections authorities.
Amendment 541 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall in conjunction with the 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, in all EU languages.
Amendment 552 #
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 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 and businesses.
Amendment 558 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 3(2) and to the additional information for workers posted or sent abroad in Article 6 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day it takes effect, as provided for in Article 4 (1) and (new 2).
Amendment 587 #
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) the employer shall inform the worker about the applicable rules, in paper or electronic form;
Amendment 589 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 600 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 613 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 626 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Worker´s rights shall not be dismissed during the probation period.
Amendment 634 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer.
Amendment 640 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 656 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Amendment 660 #
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 the reference hours/days are variable the worker may be required to work by the employer only:
Amendment 669 #
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 within a reasonable period in advance, in accordance with Article 3(2)(l)(ii). , and/or if the worker is provided with a compensation;
Amendment 674 #
Proposal for a directive
Article 9 – paragraph 1 – point b – point i (new)
Article 9 – paragraph 1 – point b – point i (new)
(i) Member States shall ensure that after working for three months for an employer, a worker has a right to a contract guaranteeing specified amount hours of work.
Amendment 676 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) The predetermined work schedule cannot go beyond the legislative maximum weekly working hours and the reference hours/days need to respect the 11 hours consecutive rest period as laid down in Directive2003/88/EC.
Amendment 680 #
Proposal for a directive
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
Amendment 682 #
Proposal for a directive
Article 9 – paragraph 1 – point b c (new)
Article 9 – paragraph 1 – point b c (new)
(bc) when the employer does not meet the requirements laid down in the first subparagraph, the worker shall have the right to refuse to carry out work in excess of the guaranteed hours without any detrimental consequences;
Amendment 683 #
Proposal for a directive
Article 9 – paragraph 1 – point b d (new)
Article 9 – paragraph 1 – point b d (new)
(bd) employers shall pay a compensation for non-guaranteed hours;
Amendment 689 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where notice is given of work, the worker is entitled to be paid for the hours of which they were notified. If work is cancelled without notice, the worker is entitled to be paid in full for the hours of which they were notified.
Amendment 715 #
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 requestconvert into a form of employment with more predictable and secure working conditions where available.
Amendment 725 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall genuinely consider the conversion. A refusal is only allowed if provide ad in written replying based on objective business needs 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 730 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Should the employer not reply to the request for a more stable from of employment, the conversion is presumed to have taken effect.
Amendment 738 #
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 or internal rules 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. The same shall apply to training which took place before the start of the employment relationship but trained the worker for it.
Amendment 748 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The worker remains entitled to its remuneration, as if he/she would have been working.
Amendment 753 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. The training shall take place during working hours.
Amendment 756 #
Proposal for a directive
Article 11 – paragraph 1 c (new)
Article 11 – paragraph 1 c (new)
1c. The employers shall not make unfair deductions from the remuneration.
Amendment 769 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The Member States shall ensure the principle of equal pay and terms and conditions to apply to all workers regardless of their employment status. The Member States shall ensure the elimination of discrimination with regard to all aspects and conditions of remuneration and terms and conditions of employment.
Amendment 775 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 783 #
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 789 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employthe worker shas failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:ll benefit from favourable presumptions defined by the Member State.
Amendment 795 #
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; or
Amendment 818 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.
Amendment 820 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. This settlement mechanism is without prejudice to any judicial procedure.
Amendment 822 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect every workers, including workers who are employees' and trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with theexercising a rights provided for in this Directive.
Amendment 828 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibitstop and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. As well as the necessary measures shall include the right to reinstatement and compensation.
Amendment 840 #
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. As long as the worker has not received written justification from the employer, Member States shall suspend the deadline for bringing an action contesting the dismissal.
Amendment 850 #
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. Theydissuasive and proportionate to the number of infringements and to the delay the employer is taking in providing the document to the worker. Penalties may take the form of a fine. They mayust also comprise appropriate payment of compensation.
Amendment 865 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. TImplementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States and for undermining better working conditions provided for in collective agreements.
Amendment 873 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall involve the social partners in the implementation of this Directive.
Amendment 875 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Facilitation of complaints Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.
Amendment 877 #
Proposal for a directive
Article 20 b (new)
Article 20 b (new)
Article 20b Enforcement and Monitoring Member States shall ensure that the labour inspection bodies, at the relevant level, enforce the provisions laid down in this Directive. For this purpose, adequate and specific training shall be provided. To facilitate the monitoring of the implementation of this Directive Member States shall ensure Union-level coordination and that effective and adequate inspections are carried out to control the rights laid down in this Directive.
Amendment 880 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.