13 Amendments of David CASA related to 2017/0355(COD)
Amendment 134 #
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 8 hours in total in a reference period of one monthwith a total duration not exceeding a month or/ and with a working week not exceeding eight hours. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 183 #
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, in paper or electronically, at the start of employment. The relevant information should therefore reach them in writing at the latest owithin the first 15 days of the employment, but, where provided orally, from the first working day. It should be possible to extend the fifteen day deadline for providing the basic information by two weeks in exceptional circumstances, such as in the case of abnormal functioning of the human resources services of the company.
Amendment 238 #
Proposal for a directive
Recital 23
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 maycan vary according to the needs of the sectors, concerned; it should also be possible to foresee that its length can be reduced due to exceptional circumstances, such as in the case of abnormal functioning of the operations of the company while ensuring the adequate protection of workers. 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).
Amendment 272 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Where European Social Partners in specific sectors have negotiated different provisions for the pursuit of the purpose of this Directive and such have been implemented through EU legislative measures, such agreements are to be upheld as the lex specialis for the particular sector, as long as the overall level of protection of workers is not lowered. The European Social Partners’ Agreement on the Maritime Labour Convention, 2006 (MLC)appended to Council Directive 2009/13/EC, regulates labour conditions for seafarers in a detailed way and contains requirements as to the particulars of employment that must be provided in writing to all seafarers to whom it applies. These include the content of the employment contract, many principles of protection including regulation on minimum wage, health certificates, hours of work and hours of rest, career and skill development and employment opportunities. These requirements were drawn up specifically to take account of the unique circumstances of seafaring and provide seafarers with a high level of rights. The Council Directive2009/13/EC therefore, regulating specifically labour conditions of seafarers, is applicable, as lex specialis.
Amendment 369 #
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. The obligations set out in Articles 3(2) (g), (k), (l), (n), 4(2), 6, 8, 9 and 10 shall not apply to seafarers and sea fishermen.
Amendment 374 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 391 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 515 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The information referred to in points (a) n of Article 3(2), shall be provided individually in writing to the worker in, at the form of a document at the latest on the first day 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 printedlatest 15 days after the start of the employment relationship. The same information shall be provided orally on the first day of the employment relationship. The deadline referred to in the first subparagraph may be extended by a maximum period of two weeks in the case of exceptional circumstances.
Amendment 718 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 765 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allowshall encourage the social partners to concludmaintain, negotiate, conclude and enforce collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, establish arrangements concerning the working conditions of workers which differ from those referred to in Aarticles 7 to 11.
Amendment 774 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 833 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall take the necessary measures to prohibievent the dismissal or its equivalent and all preparations for dismissal of workers, on the grounds that they exercised the rights provided for in this Directive.
Amendment 836 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2