10 Amendments of Martin KASTLER related to 2008/0193(COD)
Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
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.
Amendment 86 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1 a (new)
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.
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
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.
Amendment 103 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 106 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. This Directive shall not apply to self- employed workers.
Amendment 112 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 1
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..
Amendment 119 #
Proposal for a directive – amending act
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 92/85/EEC
Article 11 – paragraph 1a
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.
Amendment 130 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 92/85/EEC
Article 12 a
Article 12 a
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 92/85/EEC
Article 12 c
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.
Amendment 137 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 92/85/EEC
Article 12 d
Article 12 d