18 Amendments of Miriam LEXMANN related to 2019/2181(INL)
Amendment 16 #
Motion for a resolution
Recital A
Recital A
A. whereas there is currently no specific Union law on the worker’s right to disconnect from digital tools, including information and communication technology (ICT), for work purposes, and whereas the situation in the Member States varies widely, with some Member States having specific legislation ensuring the right to disconnect and the others mostly omitting this subject;
Amendment 20 #
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 of working hours, blurring the boundaries between work and private life and thus normalise the expectation to be constantly on call;
Amendment 23 #
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, and health and safety at work, mental well-being, as well as, because of their disproportionate impact on workers with caring responsibilities, who tend to be women, equality between men and women;
Amendment 24 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the digital society increases expectations to be digitally skilled in order to meet the current labour market demands; whereas those expectations can cause difficulties and stress to older workers or workers coming from disadvantaged backgrounds, who are not digitally skilled; whereas this problem is bigger among older people;
Amendment 34 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, even though tools for digital work are usually provided, families with young children or with dependent relatives requiring care do not get practical support in order to manage both digital work and care responsibilities; whereas only real practical support to those categories of workers, including single parents and bigger families, can bring an efficient balance;
Amendment 36 #
Motion for a resolution
Recital E
Recital E
E. whereas the right to disconnect should be a fundamental right andright which is an inseparable part of the new working patterns in the new digital era; whereas that right should be seen as an important social policy objective to ensure protection of the rights of all workers in the new digital era;
Amendment 54 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights thatNotes that this development might be, when used correctly, a way for workers to better organise their working time and working tasks, effectively combining their digital work with the care responsibilities; highlights however, that if not used correctly, the constant connectivity combined with high job demands and the rising expectation that workers are reachable at any time can negatively affect workers’ fundamental rights and their physical and mental health and well-being;
Amendment 76 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises that with correct use, digital working can increase overall satisfaction of the employee and enable him or her to schedule the work at his or her convenience;
Amendment 82 #
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, especially those with caring responsibilities, including people providing home schooling or care to children or dependent relatives, 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;
Amendment 96 #
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; encourages the Member States to exchange the best practices in this matter;
Amendment 116 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to adopt a Union directive to ensure that workers are able to exercise their right to disconnect and to regulate the use of existing and new digital tools for work purposes as well as to ensure that employers and workers are able to recognise and use the opportunities digital working brings to both of them if used correctly;
Amendment 137 #
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, and believes that it should provide for solutions to address the responsibilities of employers and the expectations of both employers and workers regarding the organisation of their working time when they use digital tools;
Amendment 150 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that the limitation of working time and its predictability is considered to be essential to ensure the health and safety of workers in the Union;
Amendment 193 #
Motion for a resolution
Annex I – Recital 6
Annex I – Recital 6
6. Digital tools enable workers to work from anywhere at any time and can, when used correctly, contribute to improving workers’ work-life balance, but also to improve workers’ efficiency. However, the use of digital tools, including ICT, for work purposes also has possible negative effects, such as resulting in longer working hours by inducing workers to work outside their working time, higher work intensity, as well as the blurring of the boundaries between working time and free time. If not used exclusively during working time, such digital tools may interfere with workers’ private lives. For workers with unremunerated caring responsibilities, digital tools can make it particularly difficult to find a healthy work-life balance. Women spend more time than men in fulfilling such caring responsibilities, work fewer hours in paid employment and may drop out of the labour market entirely.
Amendment 200 #
Motion for a resolution
Annex I – Recital 8
Annex I – Recital 8
8. The expanding use of digital technologies has transformed the traditional models of work and has created an ‘ever-connected’ and ‘always on’ culture. In that context, it is important to ensure that this development is used for the benefit of both employers and employees. The employee can benefit from the bigger flexibility and the possibility to arrange his working tasks in a way that allows him to balance his work life and private life or care responsibilities and this overall improvement in the work- life balance is also beneficial for the employer who has more efficient and contented employees. Secondly, it is also important to ensure the protection of workers’ fundamental rights, fair working conditions, including their right to a fair remuneration and the implementation of their working time, health and safety, and equality between men and women.
Amendment 211 #
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 and the legal regulation of this right varies widely across the Member States. 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; 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). 5 Council 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 226 #
Motion for a resolution
Annex I – Recital 20
Annex I – Recital 20
Amendment 287 #
Motion for a resolution
Annex I – Article 4 – paragraph 1 – subparagraph 2
Annex I – Article 4 – paragraph 1 – subparagraph 2
Any derogation under point (d) of the first subparagraph shall be provided for only in exceptional circumstances, such as force majeure or other emergencies, and subject to the employer providing each worker concerned with reasons in writing, substantiating the need for the derogation on every occasion on which the derogation is invoked. While considering such derogation, a special situation of single workers or workers with care responsibilities towards the children or persons with disabilities shall be taken into account.