17 Amendments of Filiz HYUSMENOVA related to 2017/0085(COD)
Amendment 44 #
Proposal for a directive
Recital 4
Recital 4
(4) The Union is party to the United Nations’ Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, in its Article 23, the Convention provides that Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 60 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The Pillar of Social Rights which was proclaimed by Member States on 17th November 2017 is about delivering new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities and Principle 9 on Work- life Balance. The latter states that “parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”
Amendment 90 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The work-life balance package is a step in the right direction, but also a missed chance to make a coherent holistic approach together with the maternity leave directive proposal withdrawn in 2015; the current work-life balance proposal leaves completely aside the need for a new maternity leave proposal which at present dates from 1992;
Amendment 92 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) The EU Member States should achieve the Barcelona objectives for childcare, set in 2002. The availability of quality, accessible, and affordable childcare infrastructures has proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. Investment in quality, accessible and affordable child care in the next MFF is therefore pivotal for unlocking the situation.
Amendment 154 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carryingtaking care of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative with care or support needs should have the right to take time off from work in the form of carers’ leave to take care of that relative. To prevent abuse of that right, proof of the serious illness or dependencycare or support needs may be required prior to granting of the leave.
Amendment 167 #
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sickin any case not lower than 85%, of worker’s gross salary, also for parental and carers’ leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 220 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Nevertheless to fully achieve the intended goal of this Directive, it is needed to come up with the committed maternity leave proposal that accommodates the terms of the existing one from 1992 to the current improvements.
Amendment 224 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship, as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 269 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “relative” means a worker’first-degree relatives (son, daughter, mother, father, sibling), as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law, step- and foster children, both in the own and in the spouse’s or partner’s family;
Amendment 282 #
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) “care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a age-related need or a health condition to fully participate in society;
Amendment 359 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements forarrangements needed to make sure the application of parental leave to beis adapted to the needs of adoptive parents, parents having a disability anddisabled parents, parents with mental health problems, parents withof children with a disability or, a long-term illness or mental health problems.
Amendment 369 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the care and support needs of the medical condition of the worker's relative.
Amendment 378 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness, mental health problems, or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 398 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period.
Amendment 410 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request.
Amendment 414 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.
Amendment 461 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. “More favourable provisions” 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 1. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 2. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.