BETA

14 Amendments of Pedro GUERREIRO related to 2008/0195(COD)

Amendment 6 #
Proposal for a directive – amending act
The Committee on Transport and Tourism urges the Committee on Employment and Social Affairs, as the committee responsible, to propose that the Commission proposal be rejected
2009/01/28
Committee: TRAN
Amendment 8 #
Proposal for a directive – amending act
Recital 2
(2) 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 activities12 establishes minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of persons performing mobile road transport activities, to improve road safety and to align conditions of competition. This directive already establishes 'minimum requirements', and its transposition may not result in a lower level of protection for workers or less compliance with more favourable conditions in individual Member States resulting from general employment legislation or collective agreements;
2009/01/28
Committee: TRAN
Amendment 11 #
Proposal for a directive – amending act
Recital 7
(7) In the light of the Commission report and the impact assessment, self-employed drivers should be excluded from the scope of Directive 2002/15/ECt is also in the general interest that the rules governing working time and driving and rest periods should apply equally to all professional drivers, including self-employed drivers, in order to ensure the safety of these professionals and road safety.
2009/01/28
Committee: TRAN
Amendment 14 #
Proposal for a directive – amending act
Recital 8
(8) Nevertheless, iIt is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns. similarly, it is important that Member States should make efforts to combat false self-employed work and ensure that workers do not have recourse to precarious forms of contracting for permanent work;
2009/01/28
Committee: TRAN
Amendment 17 #
Proposal for a directive – amending act
Article 1 – point -1 (new)
Directive 2002/15/EC
Article 1
(-1) Article 1 reads as follows: The purpose of this directive shall be to establish minimum requirements in relation to the organisation of working time in order to improve health and safety protection of professionals performing mobile road transport activities, in particular as regards break times, rest times and periods of availability - without prejudice to their wages - and to improve road safety, with the resultant alignment of conditions of competition.
2009/01/28
Committee: TRAN
Amendment 20 #
Proposal for a directive – amending act
Article 1 – point 1 – point a
Directive 2002/15/EC
Article 2 – paragraph 1 – subparagraph 1
'1. The Directive shall apply to mobile workers, as defined in Article 3(d) of this Directive, employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EC) No 561/2006 or, failing that, by the AETR Agreement.'
2009/01/28
Committee: TRAN
Amendment 22 #
Proposal for a directive – amending act
Article 1 – point 1 – point a
Directive 2002/15/EC
Article 2 – paragraph 1 – subparagraph 2
This Directive shall also apply to mobile workers as defined in the second sentence of Article 3(d)self-employed drivers.
2009/01/28
Committee: TRAN
Amendment 23 #
Proposal for a directive – amending act
Article 1 – point 2
Directive 2002/15/EC
Article 3
Article 3 is amended as follows: (a) point (a) 2, first sentence is deleted. (b) The following sentence is added to point (d): 'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i who does not have the freedom to organise the relevant working activities; ii whose income does not depend directly on the profits made; iii who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers.' (c) point (e) is deleted. (d) point (f) is replaced by the following: '(f) 'person performing mobile road transport activities' shall mean any mobile worker who performs such activities;' (e) point (i) is replaced by the following: '(i) 'night work' shall mean work during a period of work which includes at least two hours work performed during night time.'Delete.
2009/01/28
Committee: TRAN
Amendment 25 #
Proposal for a directive – amending act
Article 1 – point 2 – point a a (new)
Directive 2002/15/EC
Article 3 – point b – indent 2 a (new)
(a-A) The following paragraph is inserted: 'This period should be considered for wage purposes.'
2009/01/28
Committee: TRAN
Amendment 33 #
Proposal for a directive – amending act
Article 1 – point 2 – point d a (new)
Directive 2002/15/EC
Article 3 – point h
(d-A) A subparagraph (h) shall read as follows: '(h) 'The night period' is a period defined in national legislation between 8 p.m. and 7 a.m.;'
2009/01/28
Committee: TRAN
Amendment 38 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2002/15/EC
Article 5 – paragraph 1 a (new)
The following paragraph is inserted: 1-A. 'This period shall be taken into account for the purposes of wages.'
2009/01/28
Committee: TRAN
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 5
Directive 2002/15/EC
Article 6 – paragraph 1 a (new)
The following paragraph is added: 1-A. 'This period shall be taken into account for wage purposes.'
2009/01/28
Committee: TRAN
Amendment 41 #
Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/15/EC
Article 11a – paragraph 1
(1) Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent transposition and implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate. This directive already establishes 'minimum requirements', and its transposition may not result in a lower level of protection for workers or less compliance with more favourable conditions in individual Member States resulting from general employment legislation or collective agreements;
2009/01/28
Committee: TRAN
Amendment 42 #
Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/15/EC
Article 11a – paragraph 3
(3) Member States shall take the necessary measures to ensure that transport undertakings and mobile workers have access to information, assistance and advice in the field of working time rules and work organisation. The Member States shall endeavour to combat false self- employed work and to ensure that workers do not have recourse to forms of precarious contracting in the case of permanent work;
2009/01/28
Committee: TRAN