Activities of Miroslavs MITROFANOVS related to 2017/0085(COD)

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union ~~the promotion of equality between women and men is one of the Union's aims~~, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.

2018/04/20
Committee: EMPL

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 4 a (new)

(4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union ~~the promotion of equality between women and men is one of the Union’s aims~~, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 5

(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should also focus on reducing gender stereotypes, recognising and redistributing care responsibilities, developing and implementing quality standards for all types of care services and should take into account demographic changes including the effects of an ageing population.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 4 a (new)

(4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 5

(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should also focus on reducing gender stereotypes, recognising and redistributing care responsibilities, developing and implementing quality standards for all types of care services and should take into account demographic changes including the effects of an ageing population.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 6 a (new)

(6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 7

(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having a~~n ill~~ relative or dependeant ~~relative~~with care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely, with consequential harmful repercussions on their social security entitlements, in particular pensions, and an increased risk of poverty and social exclusion, especially during old age.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 6 a (new)

(6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “[p]arents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. LTransferability of parental leave and lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 7

(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having a~~n ill~~ relative or dependeant ~~relative~~with care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely, with consequential harmful repercussions on their social security entitlements, in particular pensions, and an increased risk of poverty and social exclusion, especially during old age.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. LTransferability of parental leave and lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 8 a (new)

(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women's and men's caring responsibilities and access to the labour market.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 8 b (new)

(8b) In its conclusions in Barcelona 2002, the European Council decided to set targets for the availability of childcare facilities. Member States agreed to provide, by 2010, childcare for at least 90 % of children between the age of three and the mandatory school age and for at least 33 % of children under the age of three. Those objectives have still not been achieved by the majority of the Member States.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 8 a (new)

(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women’s and men’s caring responsibilities and access to the labour market.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 8 c (new)

(8c) Access to and availability of high- quality, accessible, and affordable early childhood education, and care services for the elderly and dependents, has proven to be a crucial aspect of work-life balance policies and is necessary to allow women to fully participate in employment. However, there is currently a lack of sufficient infrastructure offering quality and accessible care to workers of all income levels. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care workers, including decent pay and the recognition of care workers’ status and the development of high-quality vocational training pathways for care workers and the development of high- quality training. Investment in community-based, high-quality, accessible and affordable care should therefore be a priority in the next Multiannual Financial Framework.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 8 b (new)

(8b) In its conclusions in Barcelona 2002, the European Council decided to set targets for the availability of childcare facilities. Member States agreed to provide, by 2010, childcare for at least 90 % of children between the age of three and the mandatory school age and for at least 33 % of children under the age of three. Those objectives have still not been achieved by the majority of the Member States.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 8 d (new)

(8d) A disproportionately high tax burden on the second earner in most Member States remains a significant disincentive to the participation of women in the labour market. The identification and removal of all obstacles resulting from gender-biased tax benefit systems is essential to promote women to fully participate in employment and to promote the equal share of reproductive work and care responsibilities.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 8 c (new)

(8c) Access to and availability of high- quality, accessible, and affordable early childhood education, and care services for the elderly and dependents, has proven to be a crucial aspect of work-life balance policies and is necessary to allow women to fully participate in employment. However, there is currently a lack of sufficient infrastructure offering quality and accessible care to workers of all income levels. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care workers, including decent pay and the recognition of care workers’ status and the development of high-quality vocational training pathways for care workers and the development of high- quality training. Investment in community-based, high-quality, accessible and affordable care should therefore be a priority in the next Multiannual Financial Framework.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 8 d (new)

(8d) A disproportionately high tax burden on the second earner in most Member States remains a significant disincentive to the participation of women in the labour market. The identification and removal of all obstacles resulting from gender-biased tax benefit systems is essential to promote women to fully participate in employment and to promote the equal share of reproductive work and care responsibilities.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. To support entrepreneurship and take into account new forms of work, this Directive also applies to self-employed workers.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency. To support entrepreneurship and take into account new forms of work, this Directive also applies to self-employed workers.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 15

(15) In order to ~~provide greater possibility for~~ensure that parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should ~~provid~~be allowed only to postpone twice and only for a maximum period of six months, and should provide a reasonable and objective justification for the postponement in writing. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to ~~the employer whether or not to accept such a request for~~national law and collective agreements to define the conditions for taking parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly ~~disadvantaged situation~~challenging situations, including with regard to children with a disability, mental health problems or serious medical conditions or illness.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 15

(15) In order to ~~provide greater possibility for~~ensure that parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should ~~provid~~be allowed only to postpone twice and only for a maximum period of six months, and should provide a reasonable and objective justification for the postponement in writing. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to ~~the employer whether or not to accept such a request for~~national law and collective agreements to define the conditions for taking parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly ~~disadvantaged situation~~challenging situations, including with regard to children with a disability, mental health problems or serious medical conditions or illness.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental leave, workers and employers should ~~be encouraged~~have the possibility to maintain contact with their employer during the period of leave ~~and may make~~. Contact between workers and employers should not result in any burden or distress for workers and family members and should facilitate the making of arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for women and women carrying of elderly family member and/or other relatives or dependants in need of care~~, workers with a seriously ill or dependant relative~~ or support due to old age, a serious medical reason, a chronic illness, a disability, a mental health problem or another impairment, should have the right to take time off from work in the form of carers’ leave to take care of that ~~relative~~person. To prevent abuse of that right, proof of the ~~serious illness or dependency may be required prior to granting of the leav~~need of care or support may be required, while protecting at all times the privacy and personal data of both the worker and the person in need of care.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 17 a (new)

(17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental leave, workers and employers should ~~be encouraged~~have the possibility to maintain contact with their employer during the period of leave ~~and may make~~. Contact between workers and employers should not result in any burden or distress for workers and family members and should facilitate the making of arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 19

(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be ~~at least equivalent to what the worker concerned would receive in case of sick leave~~equal to the wage of the worker concerned. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for women and women carrying of elderly family member and/or other relatives or dependants in need of care~~, workers with a seriously ill or dependant relative~~ or support due to old age, a serious medical reason, a chronic illness, a disability, a mental health problem or another impairment, should have the right to take time off from work in the form of carers' leave to take care of that ~~relative~~person. To prevent abuse of that right, proof of the ~~serious illness or dependency may be required prior to granting of the leav~~need of care or support may be required, while protecting at all times the privacy and personal data of both the worker and the person in need of care.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 20 a (new)

(20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 21

(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be abentitled to ~~request~~employee-oriented flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, employee-oriented flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, ~~long periods of reduced working hours may~~still a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to lower social security contributions ~~translating into~~and reduced or non-existing pension entitlements. The ~~ultimate~~ decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, who should justify the grounds of refusal in writing while providing options for alternative arrangements. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 17 a (new)

(17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 19

(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be ~~at least equivalent to what the worker concerned would receive in case of sick leave~~equal to the wage of the worker concerned. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 26

(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 20 a (new)

(20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 27

(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 21

(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be abentitled to ~~request~~employee-oriented flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, employee-oriented flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, ~~long periods of reduced working hours may~~still a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to lower social security contributions ~~translating into~~and reduced or non-existing pension entitlements. The ~~ultimate~~ decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, who should justify the grounds of refusal in writing while providing options for alternative arrangements. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 28

(28) This Directive lays down minimum requirements, thus ~~giv~~obliging the Member States t~~he option of introducing or maintaining~~o maintain, and encouraging them to introduce, more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union l~~egislation~~aw, national legislation and employment practices in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 30

(30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to ~~assess the impact of their transposition act on SMEs in order to make sure~~provide guidance and advice on SMEs in order to successfully implement the Directive while ensuring that SMEs are not disproportionately affected, with specific attention for micro-enterprises ~~and for administrative burden.~~

2018/04/12
Committee: FEMM

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) employee-oriented flexible working arrangements for working parents and carers.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 26

(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.

2018/04/20
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 27

(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 28

(28) This Directive lays down minimum requirements, thus ~~giv~~obliging the Member States t~~he option of introducing or maintaining~~o maintain, and encouraging them to introduce, more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union l~~egislation~~aw, national legislation and employment practices in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.

2018/04/20
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

2018/04/12
Committee: FEMM

Proposal for a directive
Recital 30

(30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to ~~assess the impact of their transposition act on SMEs in order to make sure~~provide guidance and advice on SMEs in order to successfully implement the Directive while ensuring that SMEs are not disproportionately affected, with specific attention for micro-enterprises ~~and for administrative burden~~.

2018/04/20
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)

(ca) “carers’ leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker’s immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative” means at least a worker’s first-degree relatives (son, daughter, mother, father, s~~pouse or partner in civil partnership, where such partnerships are envisaged by national law;~~ ibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;

2018/04/12
Committee: FEMM

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) employee-oriented flexible working arrangements for working parents and carers.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)

(da) “designated third party” means a worker to whom a parent transfers their entitlement to leave.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) “~~dependency” means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness;~~care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a health condition or age-related impairment preventing a person to participate fully in society.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;

2018/04/25
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers ~~have the right to take~~or an equivalent second parents as defined in national law have mandatory paternity leave of at least ten working days on the occasion of the birth or adoption of a child.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

2018/04/25
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker’s employment relationship and irrespective of the worker’s marital or family status as defined in national law.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "carer" means a worker providing personal care or support ~~in case of a serious illness or dependency~~to a relative or a person in his/her immediate circle of any age with care or support needs due to a serious or chronic illness, disability, mental health ofr age relat~~ive~~ed impairment;

2018/04/25
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)

(ca) “carers' leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker's immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 2

2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States provide for more than four months’ parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) "relative" means at least a worker's first-degree relatives (son, daughter, mother, father, s~~pouse or partner in civil partnership, where such partnerships are envisaged by national law~~ibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)

(da) “designated third party” means a worker to whom a parent transfers their entitlement to leave;

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) ~~"dependency" means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness;~~“care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a health condition or age-related impairment preventing a person to participate fully in society.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 6

6. Member States shall take the necessary measures to ensure that workers have the right to ~~request~~demand parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall, in accordance with national law and collective agreements and/or practice, consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request and set out the grounds in writing.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall assess the need for ~~the conditions of access and detailed arrangements for~~arrangements needed to make sure the application of parental leave ~~to be~~is adapted to the needs of adoptive parents, parents ~~having~~with a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least fitwelve working days per year, per worker. Such right may be subject to appropriate substantiation of the ~~medical condition of the worker's relative~~support needs of the person requiring such support.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers ~~have the right to take~~or an equivalent second parents as defined in national law have mandatory paternity leave of at least ten working days on the occasion of the birth or adoption of a child.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 6 a (new)

Article 6a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker's employment relationship and irrespective of the worker's marital or family status as defined in national law.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 8 – paragraph 1

In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance ~~at least~~ equivalent to what the worker concerned would receive ~~in case of sick leav~~, that is a payment of 100% of the worker's gross wage.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 9 – title

~~9 F~~Employee-oriented flexible working arrangements

2018/04/12
Committee: FEMM

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 2

2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify the grounds of any refusal of such a request while providing options for alternative arrangements.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when~~ever a change of circumstances so justifies~~ requested. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 5 – paragraph 2

2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States provide for more than four months' parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 10 – paragraph 3 a (new)

3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. Single parents, as defined in national law, shall be allowed to take up the leave period allocated to the second parent or to transfer it to a designated third party.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the ~~Member States may define the~~ circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 13 – paragraph 1

Member States shall lay down rules on penalties applicable to breaches of 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 ~~may~~shall take the form of a fine. They may also comprise payment of compensation.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 5 – paragraph 6

6. Member States shall take the necessary measures to ensure that workers have the right to ~~request~~demand parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall, in accordance with national law and collective agreements and/or practice, consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request and set out the grounds in writing.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 18 – paragraph 1

1. At the latest, by ~~fiv~~three years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall assess the need for ~~the conditions of access and detailed arrangements for~~arrangements needed to make sure the application of parental leave ~~to be~~is adapted to the needs of adoptive parents, parents ~~having~~with a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. By three years after the date of entry into force of this Directive, the Commission shall assess the possibility to include other types of leave in this Directive, including maternity leave, leave for foster care and specific leave arrangements for persons with parental responsibility.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 18 – paragraph 2

2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 18 – paragraph 2 a (new)

2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 18 a (new)

Article 18a Non-regression 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of more favourable collective agreements. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

2018/04/12
Committee: FEMM

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least fitwelve working days per year, per worker. Such right may be subject to appropriate substantiation of the ~~medical condition~~support needs of the ~~worker's relative~~person requiring such support.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 6 a (new)

Article 6 a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 8 – paragraph 1

In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance ~~at least~~ equivalent to what the worker concerned would receive ~~in case of sick leav~~, that is a payment of 100% of the worker's gross wage.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 9 – title

FEmployee-oriented flexible working arrangements

2018/04/25
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 2

2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify the grounds of any refusal of such a request while providing options for alternative arrangements.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when~~ever a change of circumstances so justifies~~ requested. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 10 – paragraph 3 a (new)

3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 13 – paragraph 1

Member States shall lay down rules on penalties applicable to breaches of 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 ~~may~~shall take the form of a fine. They may also comprise payment of compensation.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 15 a (new)

Article 15 a Work-life balance support bodies Member States shall designate or set up consultative bodies for workers to support them and provide personalised advice on dealing with high work pressure and on how to achieve a genuine work-life balance.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 18 – paragraph 1

1. At the latest, by ~~fiv~~three years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. By three years after the date of entry into force of this Directive, the Commission shall assess the possibility to include other types of leave in this Directive, including maternity leave, leave for foster care and specific leave arrangements for persons with parental responsibility.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 18 – paragraph 2

2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 18 – paragraph 2 a (new)

2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.

2018/04/25
Committee: EMPL