15 Amendments of Emilian PAVEL 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 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 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 129 #
Proposal for a directive
Recital 8
Recital 8
Amendment 145 #
Proposal for a directive
Recital 9
Recital 9
(9) Due to the unpredictability of on- demand work including, zero-hour contracts, the derogation of 8 hours per month should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment should be prohibited.
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 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 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 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 335 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
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 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 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.