Activities of Francis ZAMMIT DIMECH related to 2017/0355(COD)
Plenary speeches (1)
Transparent and predictable working conditions in the European Union (debate) MT
Amendments (26)
Amendment 49 #
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 for new forms of employment created as a result of socioeconomic, diversity, mobility and labour market developments since 1991.
Amendment 114 #
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, transparent, clear, informed and predictable employment.
Amendment 125 #
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. Nevertheless, the Employers shall continue to be responsible for ensuring that the obligations laid down therein are met appropriately and in full. This paragraph is without prejudice to Directive 2008/104/EC.
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 7
Article 1 – paragraph 7
7. Chapter II of this Directive applies to seafarers and sea fishermen, taking into account the specific conditions of the sector, without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively or any relevant Union provisions being more specific and granting a higher level of protection to seafarers and fishermen. The obligations set out in Articles 3(2) (k), (l), (n),4(2), 6, 8, 9 and 10 shall not apply to seafarers and sea fishermen.
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'employer' means one or more natural or legal person(s) who(virtual platform or otherwise) who employ(s) the services of one or more workers and is or are directly or indirectly party to an employment relationship with a worker(s);
Amendment 138 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'reference hours and days' means schedules, shifts and any time slots in specified days during which work can take place at the request of the employer.;
Amendment 141 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) 'probationary period' means a preagreed period of time wherein a worker’s performance is monitored closely in order to assess his capabilities and in which the employment relationship can be terminated without having to provide any reason whatsoever.
Amendment 143 #
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, but not limited to:
Amendment 150 #
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 and the requirements for the notice of termination, time limits for enforcing claims, which shall include time frames for the seeking of action contesting dismissal or compensation for accidents/injuries at work and for any infringement of labour rights;
Amendment 157 #
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 as well as time limits laid down in the collective agreements for claims arising from those agreements; 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;
Amendment 169 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States after consultation with stakeholders and social partners, shall 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 175 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the exact place of work in the country or countries in which the work abroad is to be performed and its duration, as well arrangements for the possible lengthening or shortening of the period of work;
Amendment 177 #
Proposal for a directive
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the working hours, the rules on public holidays and tax and security arrangements;
Amendment 178 #
Proposal for a directive
Article 6 – paragraph 1 – point a b (new)
Article 6 – paragraph 1 – point a b (new)
(ab) the name of the line manager who the worker reports to for the duration of the posting;
Amendment 191 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, beshall be clearly given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points and made available or translated in a language that the posted workers are able to understand.
Amendment 196 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extensionthat stipulated in the national legislation or relevant collective agreements.
Amendment 199 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods only in cases where this is appropriately justified by the nature of the employment, the skills, the work conditions or is in the interest of the worker.
Amendment 205 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployerMember States may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests.
Amendment 219 #
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 any training or education to workers to carry out the work for which they are employed, such training or education shall be provided cost-free to the worker.
Amendment 232 #
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, which the Member State has the obligation to define. 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 reported by the worker shall apply as agreed and shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period orand that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; orand
Amendment 233 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) 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, pre-established mandatory 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.
Amendment 236 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall introduce measures necessaryall necessary measures, inter alia pre- established mandatory administrative, to protect workers, including workers who are employees' 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 Directiveir labour rights.
Amendment 240 #
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. Member States shall also take the necessary steps to ensure that the deadline for bringing an action contesting dismissal is suspended as long as the worker has not received a written reasoned justification from the employer.
Amendment 248 #
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. They mayshall take the form of a fine. They may also compris and comprise appropriate payment of compensation.
Amendment 251 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States are required to progressively improve the level of protection of workers in the regulatory field that come under the scope of this Directive and in full compliance with the European Charter of Fundamental Rights of the EU and the European Social Charter.