44 Amendments of Estrella DURÁ FERRANDIS related to 2019/2181(INL)
Amendment 3 #
Motion for a resolution
Citation 10
Citation 10
— having regard to the conventions and recommendations of the International Labour Organization (ILO), in particular the 1919 Hours of Work (Industry) Convention (No. 1), the 1930 Hours of Work (Commerce and Offices) Convention (No. 30), the1981 Collective Bargaining Recommendation (No. 163), the 1981 Convention on Workers with Family Responsibilities (No. 156) and its accompanying Recommendation (No. 165), as well as the 2019 ILO Centenary Declaration on the Future of Work,
Amendment 8 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the Eurofound Working Paper entitled ‘The right to disconnect in the 27 EU Member aStates’1a, ___________________________ 1aEurofound (2020), The right to disconnect in the 27 EU Member States
Amendment 9 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
— having regard to European social partner framework agreements on telework (2002) and digitalisation (2020),
Amendment 11 #
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
— having regard to CJEU judgment in Case C-518/15, according to which stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as 'working time'1a, ______________ 1aJudgment in Case C-518/15, 21 February 2018.
Amendment 14 #
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
— having regard to CJEU judgment in Case C-55/18, according to which Member States must require employers to set up a system enabling the duration of daily working time to be measured1a , ________________ 1aJudgment in Case C-55/18, 14 May 2019.
Amendment 15 #
Motion for a resolution
Citation 19 c (new)
Citation 19 c (new)
— having regard to principle 5 of the European Pillar of Social Rights,
Amendment 19 #
Motion for a resolution
Recital B
Recital B
B. whereas digitalisation has brought many advantages to employers and workers, but also disadvantages, because it can intensify work, extend working hours and increase the unpredictability ofincluding increased flexibility, the potential to improve work-life balance, increased autonomy and reduced commuting times among others, but also has disadvantages; whereas the greater use of digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on culture’ which can intensify work and extend working hours, thus blurring the boundaries between work and private life;
Amendment 22 #
Motion for a resolution
Recital C
Recital C
C. whereas the ever greater use of digital tools for work purposes has resulted in an ‘ever-connected’ or ‘always on’ culture that can have detrimental effect on workers’ fundamental rights, fair working conditions, including a fair remuneration, the limitation of working time and work- life balance, andphysical and mental health and safety at work, as well as, because of their disproportionate impact on workers with caring responsibilities, who tend to be women, equality between men and women;
Amendment 33 #
Motion for a resolution
Recital D
Recital D
D. whereas the measures taken as a result of the COVID-19 crisis have changed the way in which people work; whereas, according to Eurofound, over a third of Union workers started working from home during the lockdown, compared to 5 % who usually worked from home, and there was a substantial increase in the use of digital tools for work purposes;
Amendment 42 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas women have been far more affected by the COVID-19 pandemic than men due to their predominant or still traditional role of home and family carers;
Amendment 43 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Amendment 44 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas intrusive characteristics of the technology can aggravate phenomena such as isolation, techno- addiction, sleep deprivation, emotional exhaustion, anxiety and burnout, creating a poor quality of life;
Amendment 45 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas monotonous repetitive manipulations with or without an object over long periods of time may lead to musculoskeletal disorders;
Amendment 46 #
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas the digital transition offers economic and societal benefits as well as new opportunities for businesses and workers, while at the same time giving rise to a number of ethical, legal and employment related challenges; the digital transition should have a positive impact on working conditions and be guided by respect for human rights as well as the fundamental rights and values of the Union;
Amendment 47 #
Motion for a resolution
Recital E f (new)
Recital E f (new)
Ef. whereas workers’ data collection and artificial intelligence applications in the workplace and for labour management go beyond accumulation and aggregation, including predicting, measuring, reporting and analysing employee potential and performance, making it more difficult for workers to effectively exercise their right to disconnect, either because of direct surveillance or by encouraging workers to adopt self-tracking software or devices, because of power imbalances within labour relations or because managers appeal to people’s tendency towards competitiveness as a method to overcome resistance to the adaptation of technologies that make it difficult for workers to disconnect from work;
Amendment 48 #
Motion for a resolution
Recital E g (new)
Recital E g (new)
Eg. whereas in recent years many new forms of workspace and work performance surveillance are being used more intensively, allowing companies and the software they are using to track many aspects of human biological activities, or conditions of their working and living environments which did not exist previously, providing information for real-time analytics and prediction to business managers on workers surveillance, risking workers’ right to disconnect;
Amendment 50 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that digital tools, including ICT, for work purposes have increased flexibility with regard to the time, place and manner in which work can be performed and workers can be reached (even outside of their working hours) in a labour context characterised by a lack of legal regulation, trade unions presence, collective bargaining agreements and by the proliferation of non-standard or atypical forms of employment arrangements;
Amendment 68 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that interruptions of workers’ non-working time and extended working hours increase the risk of unremunerated overtime, have a negative impact on their work-life balance, prevent them from properly recovering from work, and increase the risk of psychosocial and physical problems, such as anxiety, depression and burnout;
Amendment 69 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that interruptions of workers’ non-working time increase the risk of unremunerated overtime, have a negative impact on their work-life balance, prevent them from properly recovering from work, and increase the risk of psychosocial, mental and physical problems, such as anxiety, depression and burnout;
Amendment 72 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges Eurofound findings thatwhich show that people who regularly work from home are more prone to working longer and morethan twice as likely to work in excess of the 48 hours per week provided by Union law and rest for less than 11 hours between working days compared to those working on the employers’ premises; highlights that almost 30% of such teleworkers report working in their free time every day or several times a week, compared to below 5% of ‘office’ based workers and that teleworkers are also more likely to work irregular hours; stresses that the number of home-based workers in the Union reporting long working hours or who are unable to benefit from non-working time is increasing;
Amendment 73 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges Eurofound findings that show that people who work from home are more prone to working longer and more irregular hours; stresses that the number of workers in the Union reporting long working hours or who are unable to benefit from non-working time is increasing and calls on the Commission and Member States to improve research and data collection to have a detailed assessment of the problems related to the right to disconnect;
Amendment 79 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates that the combination of long working hours and higher demands on people working from homealbeit instrumental in helping to safeguard employment during the COVID-19 crisis, is likely to pose higher than expected risks for workers, with a negative impact on the quality of their working time and their work-life balancencreased home working can pose risks and hazards for workers because of the combination of long working hours and higher demands on people working from home, with a negative impact on the quality of their working time and their work-life balance; stresses moreover that with an expansion of teleworking predicted in the longer term, the importance of addressing these issues increases;
Amendment 84 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates that the combination of long working hours and higher demands on people working from home during the COVID-19 crisis is likely to pose higher than expected risks for workers, with a negative impact on the quality of their working time and their work-life balance as well as their physical and mental health;
Amendment 89 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that workers’ right to health and safety at work is key to the right to disconnect in protecting workers’ physical and mental health and well-being and protecting them from psychosocial risks; reiterates the importance of implementing psychosocial risk assessments at private and public company level;
Amendment 90 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that workers’ right to health and safety at work is key to the right to disconnect indisconnect is key to protecting workers’their physical and mental health and well-being and to protecting them from psychosocilogical risks, thus ensuring their right to health and safety at work; reiterates the importance of implementing psychosocial risk assessments at company level;
Amendment 94 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls that a number of Member States have taken steps to regulate the use of digital tools for work purposes in order to provide safeguards and protection to workers; calls on the Commission to coordinate those national measures to ensure common working conditions without detriment to social rights and mobility within the Union;
Amendment 98 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that the right to disconnect is not explicitly regulated in Union law; recalls that a number of Member States and the social partners have taken steps to regulate in law and/or collective agreements the use of digital tools for work purposes in order to provide safeguards and protection to workers;
Amendment 125 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that changes in labour conditions as a result of the COVID-19 crisis, such as the physical and psychological impacts of teleworking, the right to disconnect, the surveillance of work, and the intensification of work have affected women more severely than men; calls on the Commission, therefore, to take a gender-sensitive approach when addressing the right to disconnect;
Amendment 131 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that the new directive should particularise and complement Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158 on the right to paid annual leave, (EU) 2019/1152 on transparent and predictable working conditions and (EU) 2019/1158 on work-life balance for parents and carers, and believes that it should provide for solutions to address the responsibilities of employers and the expectations of workers regarding the organisation of their working time when they use digital tools;
Amendment 138 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that the digital transition and AI solutions have the potential to improve working conditions and the quality of life, including improved work-life balance and better accessibility for people with disabilities, to predict labour market development and to support human resource management in preventing human bias, yet they can also raise concerns as regards privacy and occupational health and safety, such as the right to disconnect, and lead to disproportionate and illegal surveillance and monitoring of workers,
Amendment 139 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the implementation of this Directive should fully respect the minimum requirements laid down in Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158, such as those related to maximum working hours and minimum rest periods, flexible working arrangements, and information obligations, and should not have any negative effect on workers ;
Amendment 141 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls that the employment and social acquis of the Union fully applies to digital transition and calls on the Commission and the Member States to ensure proper enforcement and to address any potential legislative gaps;
Amendment 142 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recalls that changes in labour conditions as a result of the COVID-19 crisis, such as physical and psychological impacts of teleworking, the right to disconnect, the surveillance of work, and the intensification of work have affected women, and single mothers in particular, more severely than men; calls therefore on the Commission to take a gender- sensitive approach when addressing the right to disconnect; to maximize the benefits and to promote family co- responsibility opportunities perspective;
Amendment 169 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of the social partners to ensure the effective implementation and enforcement of the right to disconnect; believes that Member States must ensure that workers are able to exercise effectively their right to disconnect, including by means of collective agreements; calls on the Member States to establish precise and sufficient mechanisms to ensure a minimum standard of protection in conformity with Union legislation and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level;
Amendment 207 #
Motion for a resolution
Annex I – Recital 10
Annex I – Recital 10
10. The right to disconnect should apply to all workers and all sectors, both public and private. The purpose of the right to disconnect is to ensure the protection of workers’ health and safety, and of fair working conditions, including work-life balance health and safety and of fair working conditions, including work-life balance.
Amendment 210 #
Motion for a resolution
Annex I – Recital 11
Annex I – Recital 11
11. There is currently no Union law specifically regulating the right to disconnect. However, Council Directives 89/391/EEC4 and 91/383/EEC5 have the purpose of encouraging improvements in the safety and health of workers with an unlimited, fixed-term or temporary employment relationship; Directive 2003/88/EC of the European Parliament and of the Council6 lays down minimum safety and health requirements for the organisation of working time, including in relation to maximum allowed working hours and minimum rest periods to be respected; Directive (EU) 2019/1152 of the European Parliament and of the Council7 has the purpose of improving working conditions by promoting more transparent and predictable employment; and Directive (EU) 2019/1158 of the European Parliament and of the Council8 lays down minimum requirements to facilitate the reconciliation of work and private life for workers who are parents or carers. __________________ 4Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.89, p. 1). 5Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship (OJ L 206, 29.7.91, p. 19). 6Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 7Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 8Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, p. 79).
Amendment 220 #
Motion for a resolution
Annex I – Recital 18
Annex I – Recital 18
18. The purpose of this Directive is to improve working conditions for all workers by laying down minimum requirements for the right to disconnect while ensuring labour market adaptability. This Directive should be implemented in a manner consistent withfully respect the minimum requirements set out in Directives 2003/88/EC, (EU) 2019/1152 and (EU) 2019/1158.
Amendment 231 #
Motion for a resolution
Annex I – Recital 22
Annex I – Recital 22
22. Employers should not be entitled to derogate from their requirement to implement the right to disconnect other than by means of collective agreement or by agreement between the social partners at the level of the employer undertaking. Such agreements should also provide for the criteria for determining compensation for any work carried out outside working time. Such compensation should be able to take the form of leave or financial compensation. In the case of a financial compensation, it should be at least equivalent to the workers’ usual remuneration. Where overtime compensation is agreed, such provisions should ensure that the overall goal of ensuring workers’ health and safety is respected, particularly in relation to the provisions included in the working time legislation.
Amendment 271 #
Motion for a resolution
Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a
Annex I – Article 4 – paragraph 1 – subparagraph 1 – point a
(a) the practical arrangements for switching off digital tools for work purposes outside the agreed working hours, including any work-related monitoring or surveillance tools;
Amendment 291 #
Motion for a resolution
Annex I – Article 4 – paragraph 1 – subparagraph 3
Annex I – Article 4 – paragraph 1 – subparagraph 3
Member States shall prohibit employers from derogating from their requirement to implement the right to disconnect under point (d) of the first subparagraph other than by means of collective agreement between the social partners as referred to in paragraphs 2 and 3.
Amendment 296 #
Motion for a resolution
Annex I – Article 4 – paragraph 1 – subparagraph 4
Annex I – Article 4 – paragraph 1 – subparagraph 4
Compensation for work performed outside working time as referred to in point (e) of the first subparagraph may take the form of leave or financial compensation. In the case of financial compensation, it shall be at least equivalent to the workers’ usual remuneration. Where overtime remuneration is agreed, such provisions must ensure that working time legislation is respected.
Amendment 301 #
Motion for a resolution
Annex I – Article 4 – paragraph 2
Annex I – Article 4 – paragraph 2
2. Member States may entrust the social partners at national or regional level to conclude collective agreements providing for the working conditions referred to in paragraph 1.
Amendment 307 #
Motion for a resolution
Annex I – Article 4 – paragraph 3
Annex I – Article 4 – paragraph 3
3. Where Member States do not make use of the option provided for in paragraph 2, they shall ensure that the working conditions referred to in paragraph 1 are agreed between the social partners at the level of the employer undertakinga lower level.
Amendment 308 #
Motion for a resolution
Annex I – Article 4 – paragraph 3 a (new)
Annex I – Article 4 – paragraph 3 a (new)
3a. After consulting the social partners at national level, Member States may establish precise arrangements on the conditions referred to in paragraph 1, to ensure an adequate level of protection in conformity with Union legislation and the enforcement of their right to disconnect for those workers not covered by collective agreement at any level.