BETA

10 Amendments of Martin KASTLER related to 2008/0193(COD)

Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 184 weeks allocated before and/or after confinement.
2009/11/18
Committee: EMPL
Amendment 86 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1 a (new)
1a. With regard to the last four weeks of the period laid down in paragraph 1, a national entitlement to family leave can be seen as maternity leave within the meaning of this Directive, if the national rules guarantee a level of protection for workers within the meaning of Article 2 which is in line with the level laid down in the Directive. In that case the whole period of entitlement to leave must exceed the period laid down in Directive 96/34/EC. Pay for the last four weeks of maternity leave must not be less than the allowance under Article 11(3). Alternatively it can be equivalent to the average pay during the 18 weeks of maternity leave, which must be at least 67% of the last monthly salary or an average monthly salary under national law; national law can provide for an upper limit. The Member States may lay down the periods to be taken into account for calculating the average monthly salary.
2009/11/18
Committee: EMPL
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before orleave of six weeks before and eight weeks after childbirth.
2009/11/18
Committee: EMPL
Amendment 103 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
5. Member States shall ensure that any period of sick leave due to illness or complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leave.deleted
2009/11/18
Committee: EMPL
Amendment 106 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
5a. This Directive shall not apply to self- employed workers.
2009/11/18
Committee: EMPL
Amendment 112 #
Proposal for a directive – amending act
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 1
1. The Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent..
2009/11/18
Committee: EMPL
Amendment 119 #
Proposal for a directive – amending act
Article 1 – point 3 – point a
Directive 92/85/EEC
Article 11 – paragraph 1a
1a. workers, within the meaning of Article 2, who are excluded from work by their employer who considers them not fit for work without medical indication supplied by the worker, shall,must consult a doctor on their own initiative. If the doctor certifies the women as fit to work, either the employer must employ them again as normal, or until the beginning of the maternity leave in the sense of Article 8(2), they shall receive a payment equivalent to their full salary.
2009/11/18
Committee: EMPL
Amendment 130 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 92/85/EEC
Article 12 a
4. The following Article 12a is inserted: 1. Member States shall take such measures as are necessary in accordance with their national judicial systems to ensure that when persons who consider that their rights under this Directive have been breached establish, before a court or other competent authority, facts from which it may be presumed that there has been such a breach, it shall be for the respondent to prove that there has been no breach of the Directive. 2. Paragraph 1 shall not prevent the Member States from introducing rules of evidence which are more favourable to plaintiffs. 3. Paragraph 1 shall not apply to criminal proceedings. 4. Member States need not apply paragraph 1 to proceedings in which the court or competent body investigates the facts of the case. 5. Paragraphs 1 to 4 shall also apply to any legal proceedings commenced according to Article 12.deleted Article 12 a Burden of proof
2009/11/18
Committee: EMPL
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 6
Directive 92/85/EEC
Article 12 c
Member States shall lay down the rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. Penalties may comprise payment of compensation, which may not be limited by the fixing of a prior upper limit, and must be effective, and proportionate and dissuasive.
2009/11/18
Committee: EMPL
Amendment 137 #
Proposal for a directive – amending act
Article 1 – point 7
Directive 92/85/EEC
Article 12 d
Member States shall ensure that the body or bodies designated under Article 20 of Directive 2002/73/EC as recast by Directive 2006/54/EC for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex shall be competent in addition for issues falling within the scope of this Directive, where these issues pertain primarily to equal treatment and not to the worker's health and safety.Article 12d deleted Equality
2009/11/18
Committee: EMPL