BETA

71 Amendments of Ana MIRANDA related to 2017/0355(COD)

Amendment 51 #
Proposal for a directive
Recital 5
(5) Minimum requirements relating to information on the essential aspects of the employment relationship and relating to working conditions that apply to every worker should therefore be established at Union level in order to guarantee all workers in the Union an adequat, regardless of their formal status, in the Union the highest possible degree of transparency and predictability as regards their working conditions.
2018/07/05
Committee: JURI
Amendment 53 #
Proposal for a directive
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. Additionally the ILO’s tripartite constituents adopted Recommendation 198 Employment Relationship (2006) with indicators for an employment relationship, among others subordination and/or economic dependency, primacy of facts and presumption of an employment relationship. The definition of worker in Article 2(1) isneeds to be based on these criteria developed by both ECJ and ILO. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
2018/07/05
Committee: JURI
Amendment 57 #
Proposal for a directive
Recital 7 a (new)
(7a) In line with ILO recommendation 198, where, under direction “cannot be directly established, economic dependency should be considered the core additional criterion in assessing whether the person is a worker.
2018/07/05
Committee: JURI
Amendment 58 #
Proposal for a directive
Recital 7 b (new)
(7b) In line with ILO Recommendation 198, the determination of the existence of an employment relationship should be based on the facts related to the actual performance of work and not on the parties’ description of the relationship.
2018/07/05
Committee: JURI
Amendment 59 #
Proposal for a directive
Recital 7 c (new)
(7c) In line with ILO recommendation 198, it should be automatically provided for a legal presumption that an employment relationship exists where one or more relevant indicators are present.
2018/07/05
Committee: JURI
Amendment 61 #
Proposal for a directive
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 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1).deleted
2018/07/05
Committee: JURI
Amendment 62 #
Proposal for a directive
Recital 9
(9) Due to the unpredictability of on- demand work including zero-hour contracts, the derogation of 8 hours per month should not be used for employment relationships in which no guaranteed amount of paid work is determined before the start of the employment.deleted
2018/07/05
Committee: JURI
Amendment 65 #
Proposal for a directive
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementIf several natural and or legal persons are responsible as employer, they are jointly and severally liable.
2018/07/05
Committee: JURI
Amendment 67 #
Proposal for a directive
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statementIf several natural and or legal persons are responsible as employer, they are jointly and severally liable.
2018/07/05
Committee: JURI
Amendment 69 #
Proposal for a directive
Recital 11
(11) Directive 91/533/EEC introduced a minimum list of essential aspects on which workers have to be informed in writing. It is necessary to adaptclarify that lthist in order to take account of developments on the labour mas an open minimum list and to adapt that list to the need to better protect worketrs, in particular regarding the growth of non- standard forms of employment.
2018/07/05
Committee: JURI
Amendment 71 #
Proposal for a directive
Recital 13
(13) Information on remuneration to be provided should include but not be limited to all elements of the remuneration, as well as the method of calculation, including contributions in cash or kind, directly or indirectly received by the worker in respect of his or her work, overtime payments, bonuses and other entitlements, such as sick pay. The provision of such information should be without prejudice to the freedom for employers to provide for additional elements of remuneration such as one-off payments. The fact that elements of remuneration due by law or collective agreement have not been included in that information should not constitute a reason for not providing them to the worker.
2018/07/05
Committee: JURI
Amendment 74 #
Proposal for a directive
Recital 15
(15) Information on social security systems should include, where relevant, at least sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre-retirement or family benefits and all other risks covered by Regulation (EC) 883/2004. 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 Council.37 __________________ 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).
2018/07/05
Committee: JURI
Amendment 75 #
Proposal for a directive
Recital 16
(16) Workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing atfrom the start of employment. The relevant information should therefore reach them at the latest on, where applicable, when the employment contract is signed and before the first day of the employment.
2018/07/05
Committee: JURI
Amendment 80 #
Proposal for a directive
Recital 18
(18) Workers posted or sent abroad should receive additional information specific to their situation. For successive work assignments in several Member States or third countries, such as in international road transport, that information may be grouped for several assignments before the first departure and subsequently modified before the commencement of the relevant assignment or in case of change. Where they qualify as posted workers under Directive 96/71/EC of the European Parliament and of the Council,38 they should also be notified of the single national website developed by the host Member State where they will findand be provided in paper or electronically with the relevant information on the working conditions applying to their situation. Unless Member States provide otherwise, these obligations apply if the duration of the work period abroad is more than four consecutive weeks. __________________ 38 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
2018/07/05
Committee: JURI
Amendment 81 #
Proposal for a directive
Recital 19
(19) Probationary periods allow employers to verify if 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 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 worker and therefore by no means be exceeded beyond 6 months.
2018/07/05
Committee: JURI
Amendment 83 #
Proposal for a directive
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 Council.39 Incompatibility clauses, understood as a restriction on working for specific categories of employers, may be necessary for objective reasons, such as the protection of business secrets or the avoidance of conflicts of interests. __________________ 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).
2018/07/05
Committee: JURI
Amendment 87 #
Proposal for a directive
Recital 23
(23) A reasonable minimum advance notice, understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts, constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer. The length of the advance notice period may vary according to the needs of sectors, while ensuring adequate protection of workersshould where possible be negotiated by the responsible Social Partners and may not fall below the standards established by this directive. It applies without prejudice to Directive 2002/15/EC of the European Parliament and of the Council.40 __________________ 40 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
2018/07/05
Committee: JURI
Amendment 91 #
Proposal for a directive
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 requestconvert to another more predictable and secure form of employment, where available, and receive a written response from the employer,to their request for a conversion from the employer, based on objective grounds which takes into account the needs of the employer and of the worker.
2018/07/05
Committee: JURI
Amendment 93 #
Proposal for a directive
Recital 26
(26) Where employers are required by legislation or collective agreements or internal rules to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally and without discrimination, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration. The training should take place during working hours.
2018/07/05
Committee: JURI
Amendment 96 #
Proposal for a directive
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set in Chapter Three ofas long as these are in full compliance with this Directive. Member States should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter,is Directive as long as the overall level of protection of workers isrights established by this Directive are not lowered.
2018/07/05
Committee: JURI
Amendment 98 #
Proposal for a directive
Recital 27 a (new)
(27a) The Member States should ensure the elimination of all kind of discrimination with regard to all aspects of remuneration and terms and conditions of employment and regardless of the contract type of the worker.
2018/07/05
Committee: JURI
Amendment 99 #
Proposal for a directive
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, orand of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
2018/07/05
Committee: JURI
Amendment 101 #
Proposal for a directive
Recital 29
(29) An extensive system of enforcement provisions for the social acquis in the Union has been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination and equal opportunities, elements of which; this system should be fully applied to this Directive in order to ensure that workers have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, reflecting the Principle 7 of the European Pillar of Social Rights. It should be also urgently considered to broaden these enforcement provisions to all matters relating to working conditions.
2018/07/05
Committee: JURI
Amendment 104 #
Proposal for a directive
Recital 33 a (new)
(33a) The burden of proof that there has been no employment relationship should fall on the natural or legal person identifiable as employer based on the primacy of facts.
2018/07/05
Committee: JURI
Amendment 105 #
Proposal for a directive
Recital 33 b (new)
(33b) Persons reporting situations of infringements of the rights provided under this Directive, should be fully protected by current and future European rules regarding the protection of whistleblowers.
2018/07/05
Committee: JURI
Amendment 110 #
Proposal for a directive
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.
2018/07/05
Committee: JURI
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union. These minimum rights apply to every person who is de facto a worker regardless of their formal status or the existence of a written employment contract.
2018/07/05
Committee: JURI
Amendment 120 #
Proposal for a directive
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 8 hours in total in a reference period of one month. Time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards that 8 hour period.deleted
2018/07/05
Committee: JURI
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
4a. Paragraph 2 is without prejudice to workers who are undergoing training including trainees and apprentices.
2018/07/05
Committee: JURI
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 5
5. Member States may determine which persons are responsible for the execution of the obligations for employers laid down by this Directive as long as all those obligations are fulfilled. They may also decide that all or part of these obligations shall be assigned to a natural or legal person who is not party to the employment relationship. This paragraph is without prejudice to Directive 2008/104/EC. Where one or more natural or legal person(s) who is or are directly or indirectly party to an employment relationship with a worker, they shall be jointly and severally liable for obligations under this Directive.
2018/07/05
Committee: JURI
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 6
6. Member States may decide not to apply the obligations set out in Articles 10 and 11 and Article 14(a) to natural persons belonging to a household where work is performed for that household.deleted
2018/07/05
Committee: JURI
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 7
7. Chapter II of tThis Directive applies to seafarers and fishermen without prejudice to Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively.
2018/07/05
Committee: JURI
Amendment 131 #
Proposal for a directive
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 of another natural or legal person in return for remuneration; direction includes where the person is in a situation of economic dependency.
2018/07/05
Committee: JURI
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 1 – point b
(b) 'employer' means one or morea natural or legal person(s) who i that engages wor arekers directly or indirectly party to an employment relationship with a worker;.
2018/07/05
Committee: JURI
Amendment 139 #
Proposal for a directive
Article 2 – paragraph 1 – point e
(e) 'reference hours and days' means time slots in specified days during which work can take place at the request of the employer.
2018/07/05
Committee: JURI
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include at least:
2018/07/05
Committee: JURI
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 2 – point e
(e) in the case of a temporary employment relationship, the end date or the expected duration thereof, the name of the user undertaking in case of temporary agency workers as well as the pay scales of the user undertaking in order to provide for equal pay;
2018/07/05
Committee: JURI
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment relationship be terminated or, where the length of the period of notice cannot be indicated when the information is given, the method, as well as the formal requirements for determining such period of notice;, as well as the deadlines for taking action contesting the dismissal
2018/07/05
Committee: JURI
Amendment 154 #
Proposal for a directive
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, indicated separately, such as payments of overtime, bonuses and other entitlements, such as sick pay; the method of calculation; the frequency and method of payment of the remuneration to which the worker is entitled;
2018/07/05
Committee: JURI
Amendment 156 #
Proposal for a directive
Article 3 – paragraph 2 – point l – point ii a (new)
(iia) the conditions and the level of financial compensation in case of cancellation of work by the employer.
2018/07/05
Committee: JURI
Amendment 158 #
Proposal for a directive
Article 3 – paragraph 2 – point m
(m) any collective agreements governing the worker's conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and the cut off periods if there are any;
2018/07/05
Committee: JURI
Amendment 162 #
Proposal for a directive
Article 3 – paragraph 3
3. The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, be given in the form ofshall be accompanied by a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
2018/07/05
Committee: JURI
Amendment 164 #
Proposal for a directive
Article 4 – paragraph 1
1. The information referred to in 1. Article 3(2) shall be provided individually to the worker in the form of a document at the latest ons early as possible and at the latest, where applicable, the moment the employment contract is signed and before the first day of the employment relationship. That document may be provided and transmitted electronicallysent electronically directly to the worker as long as it is easily accessible by the worker and it may also be accessible to the entity controlling working conditions and can be stored and printed.
2018/07/05
Committee: JURI
Amendment 167 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
1a. The document shall be provided at the same moment in time to the worker representative and the responsible social protection authorities.
2018/07/05
Committee: JURI
Amendment 182 #
Proposal for a directive
Article 6 – paragraph 1 – point d a (new)
(da) where applicable, the changes to the worker’s social security situation.
2018/07/05
Committee: JURI
Amendment 189 #
Proposal for a directive
Article 6 – paragraph 2 – point a
(a) the employment conditions under Article 3.1 of Directive 96/71/EC including remuneration to which the worker is entitled in accordance with the applicable law of the host Member State;
2018/07/05
Committee: JURI
Amendment 193 #
Proposal for a directive
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of ashall be given in writing clearly outlining the reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
2018/07/05
Committee: JURI
Amendment 194 #
Proposal for a directive
Article 6 – paragraph 4
4. Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.deleted
2018/07/05
Committee: JURI
Amendment 195 #
Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension. Any time worked with the same enterprise, group or entity shall count towards that six months period. During a probationary period an employment relationship shall not be declared dormant.
2018/07/05
Committee: JURI
Amendment 198 #
Proposal for a directive
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 or is in the interest of the worker.deleted
2018/07/05
Committee: JURI
Amendment 200 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
2a. A probation period shall not hamper the accrual of rights.
2018/07/05
Committee: JURI
Amendment 201 #
Proposal for a directive
Article 7 – paragraph 2 b (new)
2b. A probation period can only be agreed in cases of open-ended contracts.
2018/07/05
Committee: JURI
Amendment 204 #
Proposal for a directive
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.deleted
2018/07/05
Committee: JURI
Amendment 213 #
Proposal for a directive
Article 10 – paragraph 1
1. Member States shall ensure that workers with at least six months' seniority with the same employer may requestconvert into a form of employment with more predictable and secure working conditions where available. Time worked with the same enterprise, group or entity or natural or legal person shall count towards that six months period.
2018/07/05
Committee: JURI
Amendment 215 #
Proposal for a directive
Article 10 – paragraph 2
2. The employer shall provide a written reply within one month of the request. With respect to natural persons acting as employers and micro, small, or medium enterprises, Member States may provide for that deadline to be extended to no more than three months and allow for an oral reply to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchangedgenuinely consider the conversion. A refusal is only allowed if provided in writing arguing an objective business needs within one month of the request.
2018/07/05
Committee: JURI
Amendment 218 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
2a. Should the employer not reply to the demand for conversion within one month, the conversion is presumed to have taken effect from the first day following this period.
2018/07/05
Committee: JURI
Amendment 222 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
The worker shall continue to be remunerated, as if he/she would have been working.
2018/07/05
Committee: JURI
Amendment 223 #
Proposal for a directive
Article 11 – paragraph 1 b (new)
The training shall take place, where possible, during normal working hours. In all cases, the time spent on training shall be considered working time.
2018/07/05
Committee: JURI
Amendment 225 #
Proposal for a directive
Article 11 a (new)
Article 11 a Equal treatment The Member States shall ensure the principles of equal pay and equal terms and conditions apply to all workers and ensure in this regard the elimination of all discrimination, regardless of the employment status.
2018/07/05
Committee: JURI
Amendment 228 #
Proposal for a directive
Article 12 – paragraph 1
Member States may allow social partners to conclude collective agreements, in conformity with the national law or practice, which, while fully respecting the overalllevel of protection of workersprovided by this directive, establish arrangements concerning the working conditions of workers which differ from but may not fall below those referred to in Articles 7 to 11.
2018/07/05
Committee: JURI
Amendment 230 #
Proposal for a directive
Article 13 – paragraph 1
Member States shall take all necessary measures to ensure that pProvisions contrary to this Directive and less beneficial for the worker in individual or collective agreements, internal rules of undertakings, or any other arrangements shall be declared null and void or arand shall be amended in order to bring them at least into line with the provisions of this Directive.
2018/07/05
Committee: JURI
Amendment 234 #
Proposal for a directive
Article 14 a (new)
Article 14 a Primacy of facts The determination of the existence of an employment relationship shall be guided by the facts relating to the actual performance of work and not on the basis of how the parties describe the relationship.
2018/07/05
Committee: JURI
Amendment 235 #
Proposal for a directive
Article 16 – paragraph 1
Member States shall introduce measures necessary to protect all workers regardless of their legal or formal status, including workers who are employees'’ or trade union representatives, from any adverse treatment by the employer or adverse consequences resulting from exercising a right provided in this Directive or from a complaint lodged with the employer or from any legal proceedings initiated with the aim of enforcing compliance with these rights provided for in this Directive.
2018/07/05
Committee: JURI
Amendment 237 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Persons reporting situations of infringements of the rights provided under this Directive, shall be fully protected by European legislation regarding the protection of persons reporting on breaches of Union law.
2018/07/05
Committee: JURI
Amendment 238 #
Proposal for a directive
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibit and declare as null and void the dismissal or its equivalent and all preparations for dismissal or other detriments or less favourable treatments of workers, on the grounds that they exercised the rights provided for in this Directive. The necessary measures shall also include the right to reinstatement and compensation.
2018/07/05
Committee: JURI
Amendment 241 #
Proposal for a directive
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing. Member States shall ensure that the deadline for bringing an action contesting the dismissal is suspended as long as the worker has not received written justification from the employer.
2018/07/05
Committee: JURI
Amendment 246 #
Proposal for a directive
Article 17 a (new)
Article 17a Burden of proof of the existence of and employment relationship The burden of proof of absence of an employment relationship shall be on the natural or legal person identifiable as employer.
2018/07/05
Committee: JURI
Amendment 247 #
Proposal for a directive
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the 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 an appropriate and at least proportional payment of compensation.
2018/07/05
Committee: JURI
Amendment 252 #
Proposal for a directive
Article 20 a (new)
Article 20 a Facilitation of complaints Member States shall ensure that there are effective mechanisms through which workers may lodge complaints against their employers, directly or through third parties designated by Member States such as trade unions or other associations or a competent authority of the Member State when provided for by national legislation.
2018/07/05
Committee: JURI
Amendment 254 #
Proposal for a directive
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. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
2018/07/05
Committee: JURI
Amendment 255 #
Proposal for a directive
Article 22 – paragraph 1
By [entry into force date + 8 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 micro-enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments.
2018/07/05
Committee: JURI