28 Amendments of Jiří MAŠTÁLKA related to 2017/0085(COD)
Amendment 28 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Article 151 of the Treaty on the Functioning of the European Union provides that the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter and in the Community Charter of the Fundamental Social Rights of Workers, are to have as their objective the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.
Amendment 29 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) People with disabilities should have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, as well as a work environment adapted to their needs.
Amendment 30 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Equality of treatment and opportunities between women and men should be ensured and fostered in all areas, including participation in the labour market, terms and conditions of employment and career progression. Women and men have the right to equal pay for work of equal value.
Amendment 35 #
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains howeverThe rise of the dual-earner household has led to work intensification and greater demands for work-life balance. As a result, work-life balance is a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 39 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Children have the right to affordable early childhood education and care of good quality.
Amendment 40 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.
Amendment 43 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Parents and people with caring responsibilities should have the right to suitable leave, flexible working arrangements and access to care services. Women and men should have equal access to special leaves of absence in order to fulfil their caring responsibilities and should be encouraged to use them in a balanced way.
Amendment 44 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The social partners should be consulted on the design and implementation of economic, employment and social policies according to national practices. They should be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.
Amendment 49 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union, as well as of a decent standard of living for workers and their families.
Amendment 71 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 85 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 86 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) "single parent" means a person who is unmarried or legally separated from a spouse and has a minor or children for which the parent has either custody or joint custody.
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(fb) "unsocial hours working time" means working hours in the evenings, at night and at weekends, that prevent workers from decently organise and appreciate life outside work.
Amendment 95 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least tfifteen working days on the occasion of the birth or adoption of a child.
Amendment 97 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall include also single parents. It shall be granted irrespective of marital or family status as defined in national law.
Amendment 108 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least foursix months of parental leave cannot be transferred. The length of parental leave shall be doubled for single parents and for parents with disabled or seriously ill children.
Amendment 113 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed onine yearmonths. In the case of successive fixed- term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).
Amendment 115 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. In any case, the employer shall be prevented to impose on the parent any arrangement that allows for unsocial working hours.
Amendment 117 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Workers shall be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on the probation period.
Amendment 118 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. Employment relationships that lead to precarious working conditions, including unsocial working hours, shall be prevented.
Amendment 123 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least fiveten working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 126 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may limitregulate the right to time off from work on grounds of force majeure to a certainreasonable amount of time per year or per case, or both, on the condition of submitting justified evidence. The fundamental and social rights of workers shall in any case be fully respected.
Amendment 135 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitationregulation, while fully respecting the fundamental and social rights of workers.
Amendment 149 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide in due time those grounds in writing.
Amendment 154 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They mayshall also comprise payment of compensation.
Amendment 160 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means and in due time to the attention of the persons concerned throughout their territory.
Amendment 164 #
The Member States shall without delay bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest two years after the entry into force. They shall forthwith communicate to the Commission the text of those provisions.