36 Amendments of Jordi SOLÉ related to 2017/0355(COD)
Amendment 24 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(1)(b) and (2)(b) and article 157 thereof,
Amendment 29 #
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 , among others, to reduced predictability for the workers concerned, creating uncertainty as to applicable rights and social protection, with clear gender effects as women tend to be over-represented in irregular, precarious and atypical forms of work. In this evolving world of work, there is therefore an increased need for workers to be not only fully informed about, but also better protected as regards of 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 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 33 #
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 established at Union level in order to guarantee all workers in the Union an adequatregardless of their formal status in the Union the highest possible degree of transparency and predictability as regards their working conditions.
Amendment 35 #
Proposal for a directive
Recital 8
Recital 8
Amendment 39 #
Proposal for a directive
Recital 9
Recital 9
Amendment 42 #
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 household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementIf several natural and or legal persons are responsible as employer, they are jointly and severally liable.
Amendment 44 #
Proposal for a directive
Recital 13
Recital 13
(13) Information on remuneration to be provided should include but not be limited to all elements of the remuneration, as well as the method of calculation and information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work overtime payments, bonuses and other entitlements, such as sick pay or leaves. 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 46 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Zero-hour and on-demand type of contracts should be prohibited. They are a danger to the worker and a damage to both society and employers respecting a level-playing field.
Amendment 47 #
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 at the start of employment. The relevant information should therefore reach them at the latest onbefore the first day of the employment.
Amendment 50 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify thatif workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers, and therefore by no means be exceeded beyond.
Amendment 56 #
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, and without discrimination, including to those in non- standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.
Amendment 58 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27 a) The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration, respecting the principle of equal pay for equal work and work of equal value, and in the terms and conditions of employment, regardless of the contract type of the worker as defined by this Directive.
Amendment 65 #
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. These minimum rights apply to every person who is de facto a worker regardless of the formal status of the person.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Paragraph 2 is without prejudice to workers who are undergoing training including trainees and apprentices.
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 80 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) ‘trainee’ means a worker who does a traineeship, this being a limited period of work practice which includes a learning and training component, in line with the Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships.
Amendment 82 #
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 includeat least include, but not be limited to:
Amendment 84 #
Proposal for a directive
Article 3 – paragraph 2 – point e a (new)
Article 3 – paragraph 2 – point e a (new)
(e a) the remuneration method of calculation and information on pay levels, broken down by gender, for categories of employees doing the same work or work of equal value;
Amendment 87 #
Proposal for a directive
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) the amount of paid leave and the different forms to take up the leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 2 – point i a (new)
Article 3 – paragraph 2 – point i a (new)
(i a) all prerogatives and rights workers are entitled to, such as sickness, maternity and equivalent, parental, paternity, care, old-age, invalidity, survivors', unemployment, pre-retirement, pension or family benefits;
Amendment 92 #
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 indicated separately, such as payments of overtime, bonuses and other entitlements, such as sick pay, the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 97 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)
Article 3 – paragraph 2 – point l – point ii a (new)
(ii a) the conditions and the level of financial compensation in case of cancellation of work by the employer.
Amendment 98 #
Proposal for a directive
Article 3 – paragraph 2 – point n a (new)
Article 3 – paragraph 2 – point n a (new)
(n a) the mechanisms through which workers may lodge complaints, including information on specific mechanisms for complains on psychological and sexual harassment.
Amendment 100 #
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 ons early as possible but at the latest at the commencement the first day of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed.
Amendment 105 #
Proposal for a directive
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(d a) where applicable the changes to the worker’s social security situation
Amendment 107 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 111 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longerA probationary periods in cases where this is justified by the nature of the employment or is in the inter shall not hamper the accrual of rights and can only be agreed in casest of the workeropen-ended contracts.
Amendment 117 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall ensure that the open- ended contract remains the norm.
Amendment 118 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Zero-hour or on-demand type of contracts are prohibited
Amendment 120 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The worker remains entitled to its remuneration, as if he/she would have been working and the training shall take place during working hours
Amendment 121 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a Equal treatment and non discrimination The Member States shall ensure the principle of equal pay for equal work and work of equal value and put in place measures that ensure that employers in undertakings and organisations regularly inform of the average remuneration by category of employee or position, broken down by gender. The Member States shall ensure the elimination of all forms of discrimination with regard to all aspects and conditions of remuneration, equal treatment and opportunities in accessing and in the terms and conditions of employment, regardless of their employment status.
Amendment 130 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect all workers regardless of their legal or formal status, 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 the rights provided for in this Directive.
Amendment 131 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall introduce measures to prevent psychological and sexual harassment at the work place through policies which set out prevention measures, effective, transparent and confidential procedures to deal with complaints, sanctions for perpetrators, information and trainings for workers and employers and support to companies to draw up actions plans to implement all the measures thereof.
Amendment 138 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Facilitation of Complains 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. Member States shall ensure specific and confidential procedures to deal with complaints on psychological and sexual harassment.
Amendment 142 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21 a Inspections Member States shall ensure that effective and adequate inspections are carried out to control the rights laid down in this Directive.