Activities of Thomas MANN related to 2008/0193(COD)
Plenary speeches (2)
Explanations of vote
Improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Precarious women workers (debate)
Amendments (40)
Amendment 36 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory portion of the maternity leave is taken, before or after childbirthA pregnant woman or new mother, in consultation with her employer, shall be free to position this period of leave around the date of confinement.
Amendment 44 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
Article 8 – paragraph 5
(5) Member States shall ensure that any period of sick leavePeriods of absence before and after the birth due to illness orin complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leavennection with the pregnancy shall be added to the 14- week period.
Amendment 47 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10
Article 10
Amendment 50 #
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The rules on maternity leave under this Directive are drawn up to take account of the fact that additional periods of maternity leave that are not required for health reasons would put women at a considerable disadvantage in the job market.
Amendment 51 #
Proposal for a directive – amending act
Recital 6 b (new)
Recital 6 b (new)
(6b) The rules on maternity leave under this Directive are drawn up to take account of the fact that the Parental Leave Directive, based on an agreement between the social partners, already provides sufficient regulation at European level on compatibility of family and work. Exemplary rules in many Member States allow family life to be compatible with work through a combination of maternity leave, parental leave, family allowances or other models.
Amendment 52 #
Proposal for a directive – amending act
Recital 6 c (new)
Recital 6 c (new)
(6c) The rules on maternity leave under this Directive are drawn up to take account of the fact that women will be effectively encouraged to return to work not by longer periods of maternity leave, but by better child care facilities, e.g. for children under three.
Amendment 55 #
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) Pregnant workers and workers who have recently given birth or are breastfeeding must be protected against the health risks of long and unusual working hours. In particular they should not be obliged to work overtime, at night or on Sundays and holidays.
Amendment 55 #
Proposal for a directive – amending act
Article 1 – point 3 − point c
Article 1 – point 3 − point c
Directive 92/85/EEC
Article 11 – point 3
Article 11 – point 3
(3) the allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling mayshould not be loweress than 90% of the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker's state of health. The Member States may lay down the period over which this average monthly salary is calculated.
Amendment 56 #
Proposal for a directive – amending act
Recital 9 b (new)
Recital 9 b (new)
(9b) The care of disabled children presents a particular challenge for working mothers, which should be recognised by society. The increased vulnerability of working mothers of disabled children means that they should be granted additional maternity leave; the Directive should lay down the minimum period of such leave.
Amendment 60 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Victims of discrimination must enjoy appropriate legal protection. The Member States should ensure, in accordance with their particular legal systems, the rights of pregnant women are protected effectively.
Amendment 82 #
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 92/85/EEC
Article 7 a (new)
Article 7 a (new)
-1a. The following article is added : Article 7a Overtime The Member States shall take the appropriate measures to ensure that pregnant workers and workers who have recently given birth or are breastfeeding are not obliged to work overtime or on Sundays or holidays, during pregnancy and for six months after the birth.
Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
Amendment 85 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. With respect to the last 4 weeks of the period referred to in paragraph 1, a scheme of family-related leave available at national level may be considered to be maternity leave for the purposes of this Directive, on condition that it provides an overall protection to workers, within the meaning of Article 2 of this Directive, that is equivalent to the level set out in this Directive. In this case, the total period of leave granted must exceed the period of parental leave provided for in Directive 96/34/EC. The remuneration for the last 4 weeks of leave shall be no lower than the allowance referred to in Article 11(3) or, alternatively, it may be the average of the remuneration for the 18 weeks of maternity leave, which shall be at least two thirds of the last monthly salary or of the average monthly salary as stipulated according to national law, subject to any ceiling laid down under national legislation. The Member States may lay down the periods over which the average monthly salaries are calculated.
Amendment 85 #
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The rules on maternity leave under this Directive are drawn up to take account of the fact that additional periods of maternity leave that are not required for health reasons would put women at a considerable disadvantage in the job market.
Amendment 87 #
Proposal for a directive – amending act
Recital 6 b (new)
Recital 6 b (new)
(6b) The rules on maternity leave under this Directive are drawn up to take account of the fact that Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC1, based on an agreement between the social partners, already provides sufficient regulation at European level on compatibility of family and work. Exemplary rules in many Member States allow family life to be compatible with work through a combination of maternity leave, parental leave, family allowances or other models. _______________________ 1 OJ L 145, 19.6.1996, p. 4.
Amendment 88 #
Proposal for a directive – amending act
Recital 6 c (new)
Recital 6 c (new)
Amendment 89 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shallmust include compulsory maternity leave of at least sixtwo weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory port, which according to national law and/or practice can be divided between the periods before and/or after childbirth. The Member States may limit the periond of the maternity leave is taken, before or afterbefore childbirth.
Amendment 96 #
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) Pregnant workers and workers who have recently given birth or are breastfeeding must be protected against the health risks of long and unusual working hours. In particular they should not be obliged to work overtime, at night or on Sundays and holidays.
Amendment 97 #
Proposal for a directive – amending act
Recital 9 b (new)
Recital 9 b (new)
(9b) The care of disabled children presents a particular challenge for working mothers, which should be recognised by society. The increased vulnerability of working mothers of disabled children means that they should be granted additional maternity leave; the Directive should lay down the minimum period of such leave.
Amendment 101 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additional leave is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodatein medically justified cases the period of maternity leave is extended. The duration of this leave should allow the special needs of the mother and the child/children to be accommodated. Maternity leave should be extended by at least eight weeks after the birth of a disabled child.
Amendment 105 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall ensure that any period of sick leave due to illness or complications arising out of pregnancy occurring four weeks or moreup to six weeks before confinement does not impact onis counted towards the duration of maternity leave.
Amendment 106 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. This Directive shall not apply to self- employed workers.
Amendment 106 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Victims of discrimination must enjoy appropriate legal protection. The Member States should ensure, in accordance with their particular legal systems, that the rights of pregnant women are protected effectively.
Amendment 109 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10
Article 10
Amendment 116 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occursor within six months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned. This shall not affect the substantial provisions on dismissal under national law.
Amendment 117 #
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 92/85/EEC
Article 7 a (new)
Article 7 a (new)
-1f. The following Article 7a is inserted: "Article 7a The Member States shall take the appropriate measures to ensure that pregnant workers and workers who have recently given birth or are breastfeeding are not obliged to work overtime or on Sundays or holidays, during pregnancy and for six months after the birth."
Amendment 120 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
Amendment 121 #
Proposal for a directive – amending act
Article 1 – point 3– point b
Article 1 – point 3– point b
Directive 92/85/EEC
Article 11 – point 2 – point c
Article 11 – point 2 – point c
(c) the right of workers within the meaning of Article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them and to benefit from any improvement in working conditions to which they would have been entitled during their absence; in exceptional situations of restructuring or radical reorganisation of the production process, the body representing workers’ interests must always be given the opportunity together with the employer to advise the worker concerned about the effects of these changes.
Amendment 123 #
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – –point 3
Article 11 – –point 3
3. the allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling may not be lower than the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected withfor health reasons, or not less than two thirds of the worker'’s state of health. The Member States may lay down the period over which this average monthly salast monthly salary under national law; the national legislator may lary is calculateddown ceilings and reference periods.
Amendment 123 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. With respect to the last four weeks of the period referred to in paragraph 1, a scheme of family-related leave available at national level may be considered to be maternity leave for the purposes of this Directive, on condition that it provides an overall protection to workers, within the meaning of Article 2 of this Directive, that is equivalent to the level laid down in this Directive. In this case, the total period of leave granted must exceed the period of parental leave provided for in Directive 96/34/EC. The remuneration for the last four weeks of maternity leave shall be no lower than the allowance referred to in Article 11(3) or, alternatively, it may be the average of the remuneration for the 18 weeks of maternity leave, which shall be at least two thirds of the last monthly salary or of the average monthly salary as stipulated according to national law, subject to any ceiling laid down under national legislation. The Member States may lay down the periods over which the average monthly salaries are calculated.
Amendment 125 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shallmust include compulsory maternity leave of at least sixtwo weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory port, which according to national law and/or practice can be divided between the time before and/or after childbirth. The Member States may limit the periond of the maternity leave is taken, before or afterbefore childbirth.
Amendment 130 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 92/85/EEC
Article 12 a
Article 12 a
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 92/85/EEC
Article 12 c
Article 12 c
Member States shall lay down the rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. Penalties may comprise payment of compensation, which may not be limited by the fixing of a prior upper limit, and must be effective, and proportionate and dissuasive.
Amendment 137 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 92/85/EEC
Article 12 d
Article 12 d
Amendment 142 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. This Directive does not apply to self- employed workers.
Amendment 152 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/CEE
Article 10 – point 2
Article 10 – point 2
2. If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occurs within six months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned. This shall not affect the substantial provisions on dismissal under national law.
Amendment 157 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 92/85/CEE
Article 11 – point 2 – point c
Article 11 – point 2 – point c
(c) the right of workers within the meaning of Article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them and to benefit from any improvement in working conditions to which they would have been entitled during their absence; in exceptional situations of restructuring or radical reorganisation of the production process, the body representing workers’ interests must be given the opportunity to discuss the effects of these changes on the workers concerned with the employer.
Amendment 158 #
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/CEE
Article 11 – point 3
Article 11 – point 3
Amendment 166 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 92/85/CEE
Article 12 d
Article 12 d