44 Amendments of Anne SANDER related to 2017/0355(COD)
Amendment 86 #
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment are often not as regular or stable ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manntimely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 103 #
Proposal for a directive
Recital 6
Recital 6
(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insertestablish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 120 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The criteria for the definition of ‘worker’ as established by the Court of Justice of the EU34a should apply, without prejudice to national provisions and collective agreements already in force. __________________ 34a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85
Amendment 133 #
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours during a one-week reference period. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 138 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Workers who are self-employed do not fall within the scope of this Directive because they do not have a relationship of subordination to an employer and therefore do not meet the criteria established by the Court of Justice of the European Union for the definition of ‘worker’1a. __________________ 1a Judgment of 3 July 1986, Deborah Lawrie-Blum, Case 66/85
Amendment 159 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) For seasonal workers in the agricultural sector, the information provided by the employer should indicate the possibility of replacing the taking of paid leave with a payment, in order to respond to the work patterns and specific constraints of that sector.
Amendment 166 #
Proposal for a directive
Recital 14
Recital 14
(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowsetting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the time slots in which they may be called to workon-call times and the minimum advance notice they should receive.
Amendment 170 #
Proposal for a directive
Recital 14
Recital 14
(14) If it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should know how their work schedule will be established, including the time slots in which they may be called to work and the minimum advance notice they should receiveparticularly for seasonal workers in the agricultural sector, workers should be kept informed, in so far as possible, as to how their work schedule will be established.
Amendment 177 #
Proposal for a directive
Recital 15
Recital 15
(15) It is essential that the employer should provide information on the social security bodies receiving social security contributions related to the employment relationship in order to prevent cases of fraud and circumvention of legislation. Information on social security systems should include, where relevant, sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 185 #
Proposal for a directive
Recital 16
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment. The relevantessential information should therefore reach them at the latest on the first day of the employmentreferred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) should reach them at the latest seven days after they start their job. The other information referred to in Article 3(2) may be communicated to them within 30 days of starting their job.
Amendment 215 #
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions or jobs in the public sector in order to comply with the employment conditions or legislative and regulatory provisions that apply to them and where this is in the interest of the worker, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 225 #
Proposal for a directive
Recital 20
Recital 20
(20) Employers should not prohibit workers from taking up employment with other employers, outside the time spent working for them, within the limits set out in Directive 2003/88/EC of the European Parliament and of the Council39. IMember States should be able to introduce incompatibility clauses, understood as a restriction on working for specific categories of employers, may bif they are necessary for objective reasons, such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety at work. __________________ 39 Directive 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).
Amendment 235 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) On account of particular characteristics of the sector, the provisions of this Directive concerning the predictability of work should not apply to seamen and fishermen.
Amendment 252 #
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 253 #
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted. Workers should be able to request another more predictable and secure form of employment, where available, and receive, a writtens soon as possible, at least a verbal response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 265 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) It is necessary for the social partners to be involved, to ensure the proper implementation of this Directive, because they have an important role to play in reconciling the interests and needs of employers and workers.
Amendment 266 #
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 297 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) National labour inspectorates should monitor compliance with this Directive in each Member State. At European level, they should cooperate as closely as possible with each other and exchange best practices. The future European Labour Authority could play a prime role in this process.
Amendment 311 #
Proposal for a directive
Recital 38
Recital 38
(38) The Member States mayshould entrust social partners with the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide not to apply the obligations in this Directive to workers who have an employment relationship equal to or less than 820 hours in total in a reference period of one month or 5 hours in a reference period of one week. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 85 or 20 hour period.
Amendment 365 #
Proposal for a directive
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. Member States may decide, on objective grounds, that the minimum requirements as regards working conditions laid down in Chapter III of this Directive should not apply to public sector workers, the armed forces and the law enforcement agencies.
Amendment 368 #
Proposal for a directive
Article 1 – paragraph 7
Article 1 – paragraph 7
7. Chapter II of this Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. Point 1(2) of Article 3 and Article 9 (Chapter III) shall not apply to seafarers and fishermen.
Amendment 378 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction and authority of another person in return for remuneration; this definition shall apply without prejudice to national provisions and collective agreements in force;
Amendment 412 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship as referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) within seven days of them starting work.
Amendment 417 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The essential information referred to in paragraph 1, to be provided within seven days of a worker starting work, and other information, which may be provided within one month of a worker starting work, shall include:
Amendment 433 #
Proposal for a directive
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof, where that is possible;
Amendment 436 #
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any mandatory training entitlement provided by the employer, in the light of the national laws or collective agreements applicable;
Amendment 464 #
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not varipredictable, the length of the worker's standard working day or week and any arrangements for overtime and its remuneration;
Amendment 466 #
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variaunpredictable, where that is possible, the principle that the work schedule is variunpredictable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined by the employer, where that is possible:
Amendment 483 #
Proposal for a directive
Article 3 – paragraph 2 – point l a (new)
Article 3 – paragraph 2 – point l a (new)
(la) in the case of seasonal workers in the farming industry whose work schedules are highly variable owing to weather and environmental constraints, the information that their employment is by nature variable and that it will be difficult for the employer to predict in advance what hours and days they will work.
Amendment 510 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in Article 3(2)(a), (b), (c), (d), (e), (f), (j), (k) and (l) shall be provided individually to the worker in the form of a document at the latest on the first dayseven days after the start of the employment relationship. That document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed. The other information referred to in Article 3(2) should be provided individually to the worker in the form of a document within one month of the start of the employment relationship.
Amendment 532 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.
Amendment 548 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesse. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.
Amendment 622 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide for longer probationary periods in cases where this is justified by the nature of the employment, such as in managerial positions, or is in the interest of the worker.
Amendment 645 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or, the avoidance of conflicts of interests or health and safety in the workplace.
Amendment 717 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may request a form of employment withtransition towards another, more predictable and secure wforking conditionsm of employment, where available.
Amendment 719 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The employer shall provide a written reply within one month of the application. With respect to natural persons acting as employers and micro, particularly if the company is an SME, smhall, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged provide at least an oral reply as soon as possible after the application.
Amendment 772 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 810 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States may provide that workers shall give prior notification to the employer of their decision to access the above systems. If the worker does not receive a response from the employer within a reasonable time, he or she may then trigger one of these two systems.
Amendment 862 #
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 863 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. This Directive shall not be applied and interpreted in such a way as to undermine, restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection.
Amendment 872 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall ensure that the social partners are involved in the overall implementation of this Directive and provide them with the necessary means for such involvement to be effective.
Amendment 883 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existing employment relationships as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker or the social partners. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 888 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.