24 Amendments of Daniel BUDA related to 2017/0355(COD)
Amendment 45 #
Proposal for a directive
Recital 1
Recital 1
(1) The Charter of Fundamental Rights of the European Union provides in its Article 31 that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. This Directive ensures that its provisions are in line with the European Social Charter, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 46 #
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they are entitled to be informed of the reasons for their dismissal and given a reasonable period of notice and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions is to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered, while giving employers the necessary flexibility to adapt swiftly to any economic shifts.
Amendment 47 #
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supportedgenerating, on the one hand, increasing labour market flexibility and, on the other, adaptability to economic shifts, developments, which have supported the emergence of new business models, job creation and labour market growth. New forms of employment are often not as regular or stable as traditional employment relationships and, in certain cases, lead to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection and encouraging unclear or unfair practices, thereby destabilising the labour market. 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 manneras rapidly as possible. In order adequately to frame the development of these 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 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 50 #
Proposal for a directive
Recital 5
Recital 5
(5) Minimum requirementstandards relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker, whatever their employment contract or employment relationship, should therefore be established at Union level in order to guarantee all workers in the Union an adequatthe same degree of transparency, security and predictability as regards their working conditions.
Amendment 52 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The objective of this Directive - to promote a safer and more predictable labour supply, while ensuring labour market adaptability, access to innovation and better living and working conditions - can be achieved by giving all workers more efficient access to information regarding their working conditions, improving working conditions, especially for workers engaged in new and atypical forms of work, implementing the legislation more effectively and increasing labour market transparency, while avoiding the imposition of excessive burdens on businesses of any size.
Amendment 54 #
Proposal for a directive
Recital 7
Recital 7
(7) IGiven that between 2 million and 3 million workers are currently excluded from the scope of Directive 91/533/EEC, in order to ensure effectiveness of the rights provided by the Union law and the indiscriminate implementation thereof, 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 70 #
Proposal for a directive
Recital 12
Recital 12
(12) Information on working time should be consistent with the provisions of Directive 2003/88/EC of the European Parliament and of the Council35, and include information on breaks, daily rest, weekly rest and the amount of paid leave thereby ensuring protection of the safety and health of workers. __________________ 35 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 72 #
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowbe informed how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receive.
Amendment 77 #
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 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 European Commission should assist Member States in producing these templates in order to avoid any discrepancies in content between the various Member States. The content of these templates may be determined at sectoral or local level, by national authorities and social partners, provided that no disproportionate or excessive additional administrative burdens are created.
Amendment 84 #
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit 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 Council39. 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. Any incompatibility clause contained in a work contract, whatever its type, must be accompanied by a detailed justification. __________________ 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 90 #
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 in line with Principle 5 of the European Pillar of Social Rights, proclaimed in Gothenburg on 17 November 2017 seeking to encourage a transition to employment of indefinite duration. Workers should be able to request another more predictable and secure form of employment, where available, and receive an appropriately substantiated written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 94 #
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, offering greater protection than the minimum standards set in Chapter Three of this Directive. Given the crucial role of the social partners at all levels in promoting and implementing the European Social Pillar, Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter, as long as the overall level of non-discriminatory protection of workers protection of workers is not lowered under any circumstances.
Amendment 102 #
Proposal for a directive
Recital 29
Recital 29
(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which should be applied to this Directive in order to ensure that workers, as defined in Article 2 of this Directive, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights.
Amendment 111 #
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 adaptability and the efficient and non-discriminatory application of the law.
Amendment 118 #
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 under Article (2)(1)(a).
Amendment 144 #
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 include at least:
Amendment 149 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any training entitlement provided by the employerright to training provided by the employer if he is obliged to do so by law, under the terms of collective agreements or in accordance with the employer’s general training policy;
Amendment 151 #
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 for determining such period of notice, as well as the formal requirements for the notice of termination and the deadline for bringing an action contesting dismissal;
Amendment 165 #
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 written paper document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as reception can be confirmed and as long as it is easily accessible by the worker and can be stored and printed.
Amendment 168 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop templates andor 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. The European Commission shall assist Member States in producing these templates or models in order to avoid any discrepancies in content between the various Member States.
Amendment 172 #
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. This identification is already provided for within Article 4(1).
Amendment 174 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided within a reasonable period before his or her departure and shall include at least the following additional information:
Amendment 179 #
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the conditions governing the worker's repatriation.
Amendment 227 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while respectingithout prejudice to the minimum standards determined under this Directive and the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11.