18 Amendments of Helga STEVENS related to 2017/0355(COD)
Amendment 77 #
Proposal for a directive
Recital 2
Recital 2
(2) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017The European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, states that the Principles should be implemented at both Union level and Member State level within their respective competences, taking due account of different socio-economic environments and the diversity of national systems, including the role of social partners, and in accordance with the principles of subsidiarity and proportionality. At Union level, the European Pillar of Social Rights does not entail an extension of the Union’s powers and tasks as conferred by the Treaties. It should be implemented within the limits of those powers. The European Pillar of Social Rights respects the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels. In this context, Principle 7 of the Pillar, 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 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.
Amendment 81 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The establishment of the European Pillar of Social Rights does not affect the right of Member States to define the fundamental principles of their social security systems and manage their public finances, and must not significantly affect the financial equilibrium thereof.
Amendment 83 #
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 can lead to reduced predictability for the workersemployee concerned, creating uncertainty as to applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workeremployees 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 adaptability. __________________ 33 le at the same time maintaining certain degree of flexibility in employment relationships. __________________ 33 Council Directive 91/533/EC of 14 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 91 #
Proposal for a directive
Recital 4
Recital 4
Amendment 92 #
Proposal for a directive
Recital 4
Recital 4
(4) Pursuant to Directive 91/533/EEC the majority of workeremployees 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 for new formscontaining information on the essential elements of their contract or employment relationship. Taking into account the changing nature of employment crelated as a result ofionships and labour market developments since 1991in the Member States since 1991, amendments are necessary in order to ensure that all employees are informed about their essential working conditions.
Amendment 96 #
Proposal for a directive
Recital 5
Recital 5
(5) MWhile fully respecting the principles of subsidiarity and proportionality, minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every workeremployee should therefore be established at Union level in order to guarantee all workeremployees in the Union an adequate degree of transparency and predictability as regards their working conditions.
Amendment 105 #
Proposal for a directive
Recital 7
Recital 7
Amendment 119 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive in no way interferes with the Member States’ definitions and right to define the term “employee”. National definitions have been adapted over the years in law, collective agreements and jurisprudence, to take into account new forms of work and changes in national labour law and social security.
Amendment 156 #
Proposal for a directive
Recital 11
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workersevery paid employee having a contract or employment relationship defined by the law in force in a Member State and/or governed by the law in force in a Member State have to be informed in writing. It is necessary to adapt that list in order to take account of developments on the labour market, in particular the growth of non- standard forms of employment.
Amendment 191 #
Proposal for a directive
Recital 16
Recital 16
(16) WorkerEmployees should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start, in paper form ofr employmentlectronically. The relevant information should therefore reach them at the latest owithin the first 15 days of the employment.
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every workeremployee in the Union.
Amendment 526 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall in accordance with national law and practice be provided individually to the workeremployee in the form of a document at the latest on the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the workeremployee and can be stored and printed.
Amendment 546 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shallmay develop templates and models for the document referred to in paragraph 1 and put them at the disposal of workeremployees and employers including by making them available on a single official national website and by other suitable means.
Amendment 666 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) if work takes place within predetermined reference hours and reference days, established in writing at the start of the employment relationship, in accordance with Article 3(2)(l)(i), or in accordance with Union law and national law and practice, and
Amendment 743 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that where employeres are required by their employers, Union or national legislation or relevant collective agreements to providundertake training to win orkders to carry out the work for which they are employed, such training shall be provided cost-free to the workeremployee.
Amendment 788 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a workern employee has not received in due time, as defined by national law and practice, all or part of the documents referred to in Article 4(1), Article 5, or Article 65, and the employer has failed to rectify that omission within 1530 days of its notification, one of the following systems shall apply:
Amendment 794 #
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, respectivelywhere the information provided did not include the information referred to Article 3(2), the employee shall benefit from favourable presumptions defined by the Member State. Employers shall have the possibility to rebut the presumptions; or
Amendment 807 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the workeremployee 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 1530 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.