BETA

Activities of Christa KLASS related to 2008/0193(COD)

Plenary speeches (1)

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)
2016/11/22
Dossiers: 2008/0193(COD)

Amendments (21)

Amendment 65 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
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 18 weeks allocated before and/or after confinement.deleted
2009/03/17
Committee: FEMM
Amendment 71 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
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 childbirth.deleted
2009/03/17
Committee: FEMM
Amendment 84 #
Proposal for a directive – amending act
Article 1 — Point 1
Directive 92/85/EEC
Article 8 — paragraph 2 a (new)
(2a) The worker must indicate her chosen period of maternity leave at last two months before the starting date.
2009/03/17
Committee: FEMM
Amendment 85 #
Proposal for a directive – amending act
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.
2009/12/15
Committee: FEMM
Amendment 87 #
Proposal for a directive – amending act
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.
2009/12/15
Committee: FEMM
Amendment 88 #
Proposal for a directive – amending act
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 childcare facilities, e.g. for children under three.
2009/12/15
Committee: FEMM
Amendment 96 #
Proposal for a directive – amending act
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.
2009/12/15
Committee: FEMM
Amendment 97 #
Proposal for a directive – amending act
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.
2009/12/15
Committee: FEMM
Amendment 106 #
Proposal for a directive – amending act
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.
2009/12/15
Committee: FEMM
Amendment 117 #
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Directive 92/85/EEC
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."
2009/12/15
Committee: FEMM
Amendment 120 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
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.
2009/12/15
Committee: FEMM
Amendment 123 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
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.
2009/12/15
Committee: FEMM
Amendment 125 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
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.
2009/12/15
Committee: FEMM
Amendment 133 #
Proposal for a directive – amending act
Article 1 – point 4 – subpoint d a (new)
Directive 92/85/EEC
Article 12 a
(1) Member States shall take such measures as are necessary in accordance with their national judicial systems to ensure that when persons who consider that their rights under this Directive have been breached establish, before a court or other competent authority, facts from which it may be presumed that there has been such a breach, it shall be for the respondent to prove that there has been no breach of the Directive. (2) Paragraph 1 shall not prevent the Member States from introducing rules of evidence which are more favourable to plaintiffs. (3) Paragraph 1 shall not apply to criminal proceedings. (4) Member States need not apply paragraph 1 to proceedings in which the court or competent body investigates the facts of the case. (5) Paragraphs 1 to 4 shall also apply to any legal proceedings commenced according to Article 12.deleted
2009/03/17
Committee: FEMM
Amendment 135 #
Proposal for a directive – amending act
Article 1 – point 6
Directive 92/85/EEC
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, proportionate and dissuasive.
2009/03/17
Committee: FEMM
Amendment 140 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
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 more before confinement does not impact on the duration of maternity leave.deleted
2009/12/15
Committee: FEMM
Amendment 142 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
5a. This Directive does not apply to self- employed workers.
2009/12/15
Committee: FEMM
Amendment 152 #
Proposal for a directive – amending act
Article 1 – point 2
Directive 92/85/CEE
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.
2009/12/15
Committee: FEMM
Amendment 157 #
Proposal for a directive – amending act
Article 1 – point 3
Directive 92/85/CEE
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.
2009/12/15
Committee: FEMM
Amendment 158 #
Proposal for a directive – amending act
Article 1 – point 3 – point c
Directive 92/85/CEE
Article 11 – point 3
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 with the worker's state of health. The Member States may lay down the period over which this average monthly salary is calculated, or not less than two thirds of the affected worker’s last monthly salary under national law; the national legislator may lay down ceilings and reference periods.
2009/12/15
Committee: FEMM
Amendment 166 #
Proposal for a directive – amending act
Article 1 – point 7
Directive 92/85/CEE
Article 12 d
The following Article 12d is inserted: "Article 12d Equality body Member States shall ensure that the body or bodies designated under Article 20 of Directive 2002/73/EC as recast by Directive 2006/54/EC for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex shall be competent in addition for issues falling within the scope of this Directive, where these issues pertain primarily to equal treatment and not to the worker's health and safety."deleted
2009/12/15
Committee: FEMM