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11 Amendments of Ole CHRISTENSEN related to 2017/0355(COD)

Amendment 194 #
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 atprior to the start of employment. The relevant information should therefore reach them at the latest on the first day of the employment.
2018/06/28
Committee: EMPL
Amendment 248 #
Proposal for a directive
Recital 24 a (new)
(24a) In the spirit of Principle 5 of the European Pillar of Social Rights, it is necessary to specifically prohibit any employment relationship where no guaranteed amount of paid work is predetermined prior to the start of the employment relationship such as zero- hour contracts. Member States should ensure that employers who regularly use variable work schedules and variable reference hours/days provide relevant information to competent authorities if they so request. They should ensure also that after a certain period the employment relationship, for which an average of number of hours can be considered as normal, these hours should come to constitute the minimum guaranteed number of paid hours. Member States should ensure that the employers pay a premium for non-guaranteed hours of work.
2018/06/28
Committee: EMPL
Amendment 268 #
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 Threon minimum standards set in Chapter Three of this Directive can be adapted and/or complemented for the pursuit of the purpose of this Directive. Member States should therefore be able to allow social partners to conclude or uphold collective agreements modifying the provisions contained in that cChapter III, as long as the overall level of protection of workers is not lowered.
2018/06/28
Committee: EMPL
Amendment 333 #
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
2018/06/28
Committee: EMPL
Amendment 519 #
Proposal for a directive
Article 4 – paragraph 1
1. The information referred to in Article 3(2) shall be provided in writing individually to the worker in the form of a document at the latest on the first day, prior to 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 the labour inspectorate, its receipt is acknowledged, and it can be stored and printed.
2018/06/28
Committee: EMPL
Amendment 759 #
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 pra, with the consent of the most representative social partners at national level, allow social partners to conclude collective agreements, at the appropriate level, adapting and/or complementing the provisions of Chapter III of this Directicve, in a manner which, while respectingl take account of the specific needs of the oversociall protection of workers, establish arrangements concernartners concerned while respecting the minimum requirements laid down ing the working conditions of workers which differ from those referred to in Articles 7 to 11is Directive, or to uphold existing collective agreements if they respect the overall level of protection.
2018/06/28
Committee: EMPL
Amendment 790 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employthe worker shas failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:ll benefit from favourable legal presumptions defined by the Member State.
2018/06/28
Committee: EMPL
Amendment 792 #
Proposal for a directive
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; ordeleted
2018/06/28
Committee: EMPL
Amendment 802 #
Proposal for a directive
Article 14 – paragraph 1 – point b
(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.deleted
2018/06/28
Committee: EMPL
Amendment 808 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
1a. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions.
2018/06/28
Committee: EMPL
Amendment 811 #
Proposal for a directive
Article 14 a (new)
Article 14a Early settlement mechanism The worker shall have the possibility to submit a complaint to a competent authority in a timely manner. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within the term imposed by the competent authority, following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities. Provisions of this mechanism are without prejudice to any judiciary procedure or labour inspectorate action.
2018/06/28
Committee: EMPL