BETA

Activities of Georgios TOUSSAS related to 2004/0209(COD)

Plenary speeches (1)

Organisation of working time (debate)
2016/11/22
Dossiers: 2004/0209(COD)

Amendments (11)

Amendment 19 #
Τhe European Parliament rejects the Council common position.
2008/10/22
Committee: EMPL
Amendment 24 #

Recital 7
(7) There is a need to strengthen the protection of workers' health and safety and for greater flexibility in organising working time, particularly with regard to on-satisfy their needs and abilities thanks to the major scientific and technicall time and, more specifically, inactive periods during on-call time, and also to strike a new balance between reconciling work and family life on the onbreakthroughs - achieved through the strenuous efforts of the workers themselves - with a view to reducing working hours and increasing leisure time hand and more flexible organisation of working time on the otherfree time accordingly and consolidating workers' rights.
2008/10/22
Committee: EMPL
Amendment 31 #

Article 1 – point 1
Directive 2003/88/EC
Article 2 – paragraph 1a
"1a. "on-call time" means any period during which the worker has the obligation to be available at the workplace or away from it in order to intervene, at the employer's request, to carry out his activity or duties;"
2008/10/22
Committee: EMPL
Amendment 32 #

Article 1 – point 1
Directive 2003/88/EC
Article 2 – paragraph 1c
1c. "inactive part of on-call time" means any period during which the on-call worker is on call within the meaning of point 1a but is not required by his employer to actually carry out his activity or duties;".deleted
2008/10/22
Committee: EMPL
Amendment 36 #

Article 1 – point 2
Directive 2003/88/EC
Article 2a
The inactive part of on-On call -time shall not be regarded as working time unless national law or, in accordance with national law and/or practice, a collective agreement or an agreement between the social partners provides otherwise. The inactive part of on-call time may be calculated on the basis of an average number of hours or a proportion of on- call time, taking account of experienceas defined in Article 2(1a) shall always be regarded as working time even inf the sector concerned, by collective agreement or agreement between the social partners or by national legislation following consultation of the social partners. The inactive part of on-call time shall not be taken into account in calculating the daily or weekly rest periods laid down in Articles 3 and 5 respectively, unless otherwise provided for: (a) in a collective agreement or an agreement between the social partners; or (b) by means of national legislation following consultation of the social partners. The period during which the worker actually carries out his activity or duties during on-call time shall always be regarded as working timeworker was not carrying out his duties during on-call time, not having been called upon by his employer to do so.
2008/10/22
Committee: EMPL
Amendment 44 #

Article 1 – point 2
Directive 2003/88/EC
Article 2b
The Member States shall encourage the social partners at the appropriate level, without prejudice to their autonomy, to conclude agreements aimed at improving the reconciliation of work and family life. The Member States shall ensure, without prejudice to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community* and in consultation with the social partners, that employers inform workers in due time ofsure that employers cannot make any substantial changes in the pattern or organisation of their working time. Taking into acc withount workers' needs for flexibility inthe agreement of their working hours and patterns, the Member States shall, in accordance with national practices, also encourage employers to examine requests for changes to such working hours and patterns, subject to business needs, and to both employers' and workers' needs for flexibilityas laid down by national and sectoral general collective agreements.
2008/10/22
Committee: EMPL
Amendment 45 #

Article 1 – point 2 a (new)
Directive 2003/88/EC
Article 3
(2α) Article 3 shall be amended as follows: "Article 3 DAILY REST Member States shall take the necessary measures to ensure that every worker is entitled to a minimum daily rest period of 17 consecutive hours per 24-hour period.
2008/10/22
Committee: EMPL
Amendment 46 #

Article 1 – point 2 b (new)
Directive 2003/88/EC
Article 5
(2b) Article 5 shall be replaced by the following: "Article 5 Weekly rest period Member States shall take the necessary measures to ensure that, per seven-day period, every worker is entitled to a minimum uninterrupted rest period of 48 hours plus the 17 hours' daily rest period referred to in Article 3.
2008/10/22
Committee: EMPL
Amendment 49 #

Article 1 – point 2 c (new)
Directive 2003/88/EC
Article 6
(2c) Article 6 shall be replaced by the following: "Article 6 Maximum weekly working time 1. The Member States shall take the necessary measures to ensure that in keeping with the need to protect the safety and health of workers: α) the period of weekly working time is limited by means of laws, regulations or administrative provisions or by collective agreement; b) the average working time for each seven-day period, does not exceed 35 hours. 2. Member States shall take the necessary measures to ensure that those working more than the maximum number of hours specified in Articles 3, 5 and 6 are given compensation for overtime by their employer in accordance with the terms and conditions of national laws or collective agreements, where the provisions thereof are more favourable."
2008/10/22
Committee: EMPL
Amendment 56 #

Article 1 – point 3 − point d
Directive 2003/88/EC
Article 17 – paragraph 5
(d) paragraph 5 shall be amended as follows: (i) the first subparagraph shall be replaced by the following: "5. In accordance with paragraph 2 of this Article, derogations may be made from Article 6 in the case of doctors in training, in accordance with the provisions set out in the second to the sixth subparagraphs of this paragraph."; (ii) the last subparagraph shall be deleted.
2008/10/22
Committee: EMPL
Amendment 59 #

Article 1 – point 6
Directive 2003/88/EC
Article 22
(6) Article 22 shall be replaced by the following: "Article 22 Miscellaneous provisions 1. Although the general principle is that the maximum weekly working time in the European Union is 48 hours and that in practice it is an exception for workers in the Union to work longer, Member States may decide not to apply Article 6 provided that they take the necessary measures to ensure the effective protection of the safety and health of workers. Implementation of this option, however, shall be expressly laid down by a collective agreement or an agreement between the social partners at the appropriate level or by national law following consultation of the social partners at the appropriate level. 2. In any event, Member States wishing to make use of this option shall take the necessary measures to ensure that: (a) no employer requires a worker to work more than 48 hours over a seven-day period, calculated as an average for the reference period referred to in Article 16(b), unless he has first obtained the worker's agreement to perform such work. This agreement shall be valid for a period not exceeding one year and shall be renewable; (b) no worker shall be subjected to any detriment by his employer because he is not willing to give his agreement to perform such work or because he has withdrawn his agreement for any reason; (c) an agreement given at: (i) the time of the signature of the individual employment contract; or (ii) during the first four weeks of the employment relationship shall be null and void; (d) no worker who has given an agreement under this Article shall, over a period of seven days, work more than: (i) 60 hours, calculated as an average over a period of three months, unless otherwise provided for in a collective agreement or an agreement between the social partners; or (ii) 65 hours, calculated as an average over a period of three months, in the absence of a collective agreement and when the inactive part of on-call time is regarded as working time in accordance with Article 2a; (e) every worker shall be entitled to withdraw, with immediate effect, his agreement to perform such work during the first six months after signature of a valid agreement or during and up to three months after the probation period specified in his contract is completed, whichever is longer, by informing his employer in due time in writing that he is doing so. Thereafter, the employer may require the worker to give, in writing, advance notice thereof, which shall not exceed two months in duration; (f) the employer keeps up-to-date records of all workers who carry out such work and adequate records for establishing that the provisions of this Directive are complied with; (g) the records are placed at the disposal of the competent authorities, which may, for reasons connected with the safety and/or health of workers, prohibit or restrict the possibility of exceeding the maximum weekly working time; (h) the employer provides the competent authorities at their request with information on cases in which agreement has been given by workers to work for more than 48 hours over a period of seven days, calculated as an average for the reference period referred to in Article 16(b), and adequate records for establishing that the provisions of this Directive are complied with. 3. Subject to compliance with the general principles relating to the protection of the safety and health of workers, where a worker is employed by the same employer for a period or periods that do not exceed ten weeks in total over a period of twelve months, the provisions of paragraph 2(c)(ii) and (d) shall not apply."deleted.
2008/10/22
Committee: EMPL