18 Amendments of Elisabeth SCHROEDTER related to 2008/0193(COD)
Amendment 18 #
Proposal for a directive – amending act
Recital 12 a (new)
Recital 12 a (new)
(12a) A post termed ‘equivalent’ pursuant to Article 11(2)(c) means that this post will be essentially the same as the former job, as regards both the salary paid and the duties to be performed.
Amendment 20 #
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States should introduce into their national legal systems measures to ensure real and effective compensation or reparation – as the Member States so determine – for any harm caused to a worker by any breach of the obligations under this Directive, in a way which is dissuasive and proportionate to the damage suffered.
Amendment 21 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Victims of sex discrimination should have adequate means of legal protection. To provide more effective protection, it should be possible for associations, organisations and other legal entities to engage in proceedings, as the Member States so determine, on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 22 #
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 92/85/EEC
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
-1. In Article 1, the following point is inserted: "1a.This Directive also aims to improve the work-related conditions for pregnant workers and workers who have recently given birth, who remain or return to the labour market, and to achieve a better reconciliation of professional, private and family life."
Amendment 23 #
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 92/85/EEC
Article 2 – point a
Article 2 – point a
-1a. In Article 2, point a is replaced by the following: "(a) pregnant worker shall mean a pregnant worker, including a domestic worker, who informs her employer of her condition, in accordance with national legislation and/or national practice;"
Amendment 24 #
Proposal for a directive – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 92/85/EEC
Article 2 – point b
Article 2 – point b
-1b. In article 2, point b is replaced by the following: "(b) worker who has recently given birth shall mean a worker, including a domestic worker, who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice;"
Amendment 25 #
Proposal for a directive – amending act
Article 1 – point - 1 c (new)
Article 1 – point - 1 c (new)
Directive 92/85/EEC
Article 2 – point c
Article 2 – point c
-1c. In article 2, point c is replaced by the following: "(c) worker who is breastfeeding shall mean a worker, including a domestic worker, who is breastfeeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice."
Amendment 26 #
Proposal for a directive – amending act
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 92/85/EEC
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
-1d. In Article 3(1), the following paragraph is inserted: "The guidelines referred to in the first subparagraph shall be regularly evaluated with a view to their revision, at least once every five years, starting in 2012."
Amendment 27 #
Proposal for a directive – amending act
Article 1 – point - 1 e (new)
Article 1 – point - 1 e (new)
Directive 92/85/EEC
Article 4 – title
Article 4 – title
-1e. In Article 4 the title is replaced by the following: "Assessment and, information and consultation"
Amendment 28 #
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 92/85/EEC
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1f. In Article 4, the following paragraph is inserted: "-1. In the risk assessment carried out under Directive 89/391/EEC, the employer shall include reproductive risks for male and female workers."
Amendment 29 #
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 92/85/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 30 #
Proposal for a directive – amending act
Article 1 – point -1 h (new)
Article 1 – point -1 h (new)
Directive 92/85/EEC
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
-1h. In Article 4(1), the first indent is replaced by the following: "- assess any risks to the safety or health and any possible effect on the pregnancies or breastfeeding of workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2,"
Amendment 31 #
Proposal for a directive – amending act
Article 1 – point -1 i (new)
Article 1 – point -1 i (new)
Directive 92/85/EEC
Article 4 – paragraph 2
Article 4 – paragraph 2
-1i. In Article 4, paragraph 2 is replaced by the following: "2. Without prejudice to Article 10 of Directive 89/391/EEC, workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2 in the undertaking and/or establishment concerned and/or their representatives and the relevant social partners shall be informed of the results of the assessment referred to in paragraph 1 and of all measures to be taken concerning health and safety at work."
Amendment 32 #
Proposal for a directive – amending act
Article 1 – point -1 j (new)
Article 1 – point -1 j (new)
Directive 92/85/EEC
Article 5 – paragraph 2
Article 5 – paragraph 2
-1j. In Article 5, paragraph 2 is replaced by the following: "2. If the adjustment of her working conditions and/or working hours is not technically and/or objectively feasible, [...] the employer shall take the necessary measures to move the worker concerned to another job."
Amendment 33 #
Proposal for a directive – amending act
Article 1 – point -1 k (new)
Article 1 – point -1 k (new)
Directive 92/85/EEC
Article 5 – paragraph 3
Article 5 – paragraph 3
-1k. In Article 5, paragraph 3 is replaced by the following: "3. If moving her to another job is not technically and/or objectively feasible, [...] the worker concerned shall be granted leave in accordance with national legislation and/or national practice for the whole of the period necessary to protect her safety or health."
Amendment 34 #
Proposal for a directive – amending act
Article 1 – point -1 l (new)
Article 1 – point -1 l (new)
Directive 92/85/EEC
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
-1l. In Article 7(2), point b is replaced by the following: "(b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible. [...]"
Amendment 49 #
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 occurs within sixtwelve 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.
Amendment 58 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 92/85/EEC
Article 12a – paragraph 4 a (new)
Article 12a – paragraph 4 a (new)
(4a) Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive. (If this amendment is adopted, Paragraph 5 shall be amended accordingly to read: ‘Paragraphs 1 to 4a shall also apply to any legal proceedings commenced according to Article 12.’)