Activities of Edite ESTRELA related to 2008/0193(COD)
Plenary speeches (7)
Pregnant workers (A6-0267/2009, Edite Estrela)
Pregnant workers (A6-0267/2009, Edite Estrela)
Explanations of vote
Explanations of vote
Explanations of vote
Improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Precarious women workers (debate)
Improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Precarious women workers (debate)
Reports (2)
REPORT Report on the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding PDF (452 KB) DOC (708 KB)
REPORT Second report on the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding PDF (568 KB) DOC (887 KB)
Amendments (21)
Amendment 1 #
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The objectives set out in the Presidency Conclusions of the Barcelona European Council of 15 and 16 March 2002 stated that Member States should remove disincentives to women's involvement in the labour market and aim to provide by 2010 childcare facilities for at least 90% of children between the age of three and the compulsory schooling age and for at least 33% of children under the age of three, and that such children should have equal access to such facilities in towns and rural areas.
Amendment 2 #
Proposal for a directive – amending act
Recital 6 d (new)
Recital 6 d (new)
(6d) The World Health Organisation Global strategy on infant and young child feeding of 16 April 2002, endorsed by Resolution 55.25 of the 55th World Health Assembly states that exclusive breastfeeding during the first six months of a child's life guarantees optimum growth and development. On the basis of this resolution, the Member States should encourage the provision of leave designed to fulfil this purpose.
Amendment 3 #
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purposes of helping workers to reconcile their professional and family life and to achieve true gender equality it is essential for men to be entitled to paid paternity leave, granted on an equivalent basis – except with regard to its duration – to maternity leave with a view to gradually establishing the conditions required. This entitlement should also be given to unmarried couples. Member States are encouraged to consider whether, under their respective legal systems, working men might be granted a non-transferable individual right to paternity leave, without any loss of employment rights.
Amendment 4 #
Proposal for a directive – amending act
Recital 13 b (new)
Recital 13 b (new)
(13b) For the purposes of helping workers reconcile their professional and family life, it is essential to provide for longer maternity and paternity leave, including in the event of adoption of a child under the age of 12 months. The worker who has adopted a child under the age of 12 months should have the same rights as a natural parent and be able to take maternity and paternity leave on the same conditions.
Amendment 5 #
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 92/85/EEC
Article 7
Article 7
-1g. Article 7 is replaced by the following “Article 7 Night work 1. Member States shall take the necessary measures to ensure that workers referred to in Article 2 are not obliged to perform night work and are not obliged to work overtime: (a) during the ten weeks prior to the due date of childbirth; (b) during the remainder of the pregnancy should it be necessary for the health of the mother or the unborn child; (c) during the entire period of breastfeeding. 2. The measures referred to in paragraph 1 must entail the possibility, in accordance with national legislation and/or national practice, of: (a) transfer to a compatible daytime working timetable; or (b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible [...]. 3. Workers wishing to be exempted from night work shall, in accordance with rules laid down by the Member States, inform their employer and, in the case referred to in paragraph 1 (b), submit a medical certificate to the employer. 4. For single parents and parents with children with severe disabilities, the periods referred to in paragraph 1 may be extended in accordance with the procedures laid down by the Member States".
Amendment 6 #
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 1820 weeks allocated before and/or after confinement. The following rules shall be taken into account when calculating these 20 weeks: - with respect to the last 6 weeks of the period referred to in paragraph 1, an existing scheme of family-related leave available at national level may be considered to be maternity leave for the purposes of this Directive, on condition that it provides overall protection to workers within the meaning of Article 2 of this Directive that is adequate as regards the level set out in this Directive. In this case, the total period of leave granted must exceed the period of parental leave provided for in Directive 96/34/EC. - the pay for the last 6 weeks of leave may not be lower than the allowance referred to in Article 11(3) or, alternatively, the pay over the whole period of maternity leave may in average be equivalent to the pay calculated for the first 14 weeks of the leave, if the monthly pay calculated for these 14 weeks is equivalent to the salary of the last month or of the average of the monthly salary; - where a Member State has made provisions for a period of maternity leave of at least 18 weeks fully paid, that Member State may decide that the last 2 weeks are met through paternity leave available at national level, with the same level of pay.
Amendment 7 #
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 fully paid maternity leave of at least six weeks after childbirth, without prejudice to existing national laws which provide for a period of compulsory maternity leave before 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 or after childbirth. The six week period of compulsory maternity leave shall apply to all working women regardless of the number of days worked prior to confinement.
Amendment 8 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2 c (new)
Article 8 – paragraph 2 c (new)
2c. For multiple births the compulsory period of maternity leave referred to in paragraph 2 shall be increased for each additional child in accordance with national legislation.
Amendment 9 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC.
Article 8 – paragraph 2 d (new)
Article 8 – paragraph 2 d (new)
2d. The worker must indicate her chosen period of the non-compulsory portion of the maternity leave no later than one month before the date of commencement of such leave.
Amendment 10 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that fully paid additional maternity leave is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodatedspecific situations justified on medical grounds, such as in the case of premature childbirth, children with disabilities, mothers with disabilities, teenage mothers, multiple births or births occurring within 18 months of the previous birth. The duration of the additional maternity leave after confinement should be proportionate and allow the special needs of the mother and the child/children to be accommodated. Where national legislation and/or practice provide for maternity leave or parental leave in excess of 20 weeks this can be counted towards any additional periods of maternity leave provided for under paragraphs 3 and 4.
Amendment 11 #
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 92/85/EEC
Article 8 a (new)
Article 8 a (new)
Amendment 12 #
Proposal for a directive – amending act
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Directive 92/85/EEC
Article 8 b (new)
Article 8 b (new)
Amendment 13 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – point 1
Article 10 – point 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 at least six months following the end of the maternity leave provided for in Article 8(1). Dismissal during that period shall be formally justified and shall be duly specified in writing, 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 14 #
3. the allowance referred to in point 2(b) shall be deemed adequateivalent if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling may not be lower th. Workers on maternity leave shall be paid their full salary and the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker's state of healthshall be 100% of the last monthly salary or the average monthly salary. The Member States may lay down the period over which this average monthly salary is calculated.
Amendment 55 #
Proposal for a directive – amending act
Article 1 – point -1 g a (new)
Article 1 – point -1 g a (new)
Directive 92/85/EEC
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 56 #
Proposal for a directive – amending act
Article 1 – point 1 g a (new)
Article 1 – point 1 g a (new)
Directive 92/85/EEC
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The measures referred to in paragraph 1 must entail the possibility, in accordance with national legislation and/or national practice, of: a) transfer to a compatible daytime working timetable; or b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible [...].
Amendment 57 #
Proposal for a directive – amending act
Article 1 – point 1 ga (new)
Article 1 – point 1 ga (new)
Directive 92/85/EEC
Article 7– paragraph 2a (new)
Article 7– paragraph 2a (new)
2a. Workers wishing to be exempted from night work shall inform their employer and submit a medical certificate, in the cases referred to in paragraph 1(b) and (c) above and in line with the rules established by the Member States.
Amendment 90 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that fully paid additional leave is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births, mothers with disabilities, teenage mothers, multiple births or births occurring within 18 months of the previous birth. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodated.
Amendment 114 #
Proposal for a directive – amending act
Article 1 – point 3(b)
Article 1 – point 3(b)
Directive 92/85/EEC
Article 11 – paragraph 2(c)
Article 11 – paragraph 2(c)
c) c) the right of workers within the meaning of Article 2 to return to their jobs or to equivalent posts on terms and conditions that are no less favourable to them, with the same pay, professional category and duties as before, and to benefit from any improvement in working conditions to which they would have been entitled during their absence;
Amendment 122 #
Proposal for a directive – amending act
Article 1 – point 3 (ca) (new)
Article 1 – point 3 (ca) (new)
Directive 92/85/EEC
Article 11 – paragraph 4
Article 11 – paragraph 4
Article 11(4) is repealed.
Amendment 124 #
Proposal for a directive – amending act
Article 1 – point 3 - point d
Article 1 – point 3 - point d
Directive 92/85/EEC
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall take the measures necessary to ensure that workers, within the meaning of Article 2, may, during maternity leave or when returning from maternity leave, as provided for in Article 8, request changes to their working hours and patterns, and that employers shall be obliged to consider such requests, taking employers" and workers" needs into account, in order to improve the balance between work and private and family life. Employers may only reject such requests where the disadvantages for the employer in organisational terms are disproportionately greater than the benefits for the worker.