23 Amendments of Rovana PLUMB related to 2008/0193(COD)
Amendment 51 #
Proposal for a directive – amending act
Article 1 – point 3 − point b
Article 1 – point 3 − point b
Directive 92/85/EEC
Article 11 – point 2 − point (c)
Article 11 – point 2 − point (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 and to benefit from any improvement in working conditions to which they would have been entitled during their absence; in exceptional circumstances of restructuring or substantial reorganisation of the production process, workers shall in all cases be guaranteed the possibility of discussing the impact of the changes on their professional and, indirectly, their personal situation;
Amendment 54 #
Proposal for a directive – amending act
Article 1 – point 3 − point b
Article 1 – point 3 − point b
Directive 92/85/EEC
Article 11 – point 2 − point (c a) (new)
Article 11 – point 2 − point (c a) (new)
(ca) the right of women workers, pursuant to Article 2, to education and ongoing professional training with a view to consolidating their career prospects.
Amendment 57 #
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) To achieve true gender equality, it is essential for men to be given a binding entitlement to paternity leave, modelled on maternity leave, except as regards duration, with a view to gradually establishing the conditions required for balanced participation of men and women in work and family life.
Amendment 60 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 92/85/EEC
Article 12d
Article 12d
Member States shall ensure that Member States shall ensure that the body or bodies designated the body or bodies designated under Article 20 of Directive under Article 20 of Directive 2002/73/EC as recast by Directive 2002/73/EC as recast by Directive 2006/54/EC for the promotion, 2006/54/EC for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex shall be competent in addition for issues falling within the scope of this Directive, where these issues pertain primarily to equal treatment and not solely to the worker's health and safety.
Amendment 61 #
Proposal for a directive – amending act
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Member States may adopt preventive measures for the protection and safety at the workplace of pregnant workers and mothers of newly-born infants;
Amendment 68 #
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 92/85/EEC
Article 4 – title
Article 4 – title
-1a. In Article 4 the title is replaced by the following: "Assessment, information and consultation"
Amendment 69 #
Proposal for a directive – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 92/85/EEC
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
Amendment 70 #
Proposal for a directive – amending act
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 92/85/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 71 #
Proposal for a directive – amending act
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 92/85/EEC
Article 4 – paragraph 2
Article 4 – paragraph 2
-1d. Article 4(2) is replaced by the following: 2. Without prejudice to Article 10 of Directive 89/391/EEC, workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2 in the undertaking and/or establishment concerned and/or their representatives and the relevant social partners shall be informed of the results of the assessment referred to in paragraph 1 and of all measures to be taken concerning health and safety at work.
Amendment 72 #
Proposal for a directive – amending act
Article 1 – point -1 e (new)
Article 1 – point -1 e (new)
Directive 92/85/EEC
Article 4 –paragraph 2 a (new)
Article 4 –paragraph 2 a (new)
-1e. In Article 4 the following paragraph is added: 2a. Appropriate measures shall be taken to ensure that workers and/or their representatives in the undertaking or establishment concerned may monitor the application of this Directive or may be involved in its application, in particular with regard to the measures determined by the employer which are referred to in paragraph 2, without prejudice to the employer’s responsibility for determining those measures
Amendment 73 #
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 92/85/EEC
Article 4 –paragraph 2 b (new)
Article 4 –paragraph 2 b (new)
-1f. In Article 4 the following paragraph is added: 2b. Consultation and participation of workers and/or their representatives in connection with matters covered by this Directive shall take place in accordance with Article 11 of Directive 89/391/EEC.”
Amendment 75 #
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 92/85/EEC
Article 7 – title
Article 7 – title
-1g. In Article 7 the title is replaced by the following: "Night work"
Amendment 76 #
Proposal for a directive – amending act
Article 1 – point -1 h (new)
Article 1 – point -1 h (new)
Directive 92/85/EEC
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 77 #
Proposal for a directive – amending act
Article 1 – point -1 i (new)
Article 1 – point -1 i (new)
Directive 92/85/EEC
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
- 1i. In Article 7(2), point (a) is replaced by the following: (a) transfer to a compatible daytime working timetable;
Amendment 78 #
Proposal for a directive – amending act
Article 1 – point -1 j (new)
Article 1 – point -1 j (new)
Directive 92/85/EEC
Article 7 - paragraph 2 a (new)
Article 7 - paragraph 2 a (new)
-1j. In Article 7 the following point is added: 2a. 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 point (b) of paragraph 1, submit a medical certificate to the employer.
Amendment 79 #
Proposal for a directive – amending act
Article 1 – point -1 k (new)
Article 1 – point -1 k (new)
Directive 92/85/EEC
Article 7 - paragraph 2 b (new)
Article 7 - paragraph 2 b (new)
-1k. In Article 7 the following paragraph is added: 2b. In respect of single parents and parents with children with severe disabilities, the period referred to in paragraph 1 may be extended in accordance with the procedures laid down by the Member States.
Amendment 80 #
Proposal for a directive – amending act
Article 1 – point -1 l (new)
Article 1 – point -1 l (new)
Directive 92/85/EEC
Article 7 - paragraph 2 c (new)
Article 7 - paragraph 2 c (new)
-1l. In Article 7 the following paragraph is added: 2c. Member States shall take the necessary measures to ensure that fathers of children younger than 12 months are not obliged to perform night work.
Amendment 93 #
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 leave of at least six weeks after 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 117 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Member States shall take the necessary measures to prohibit discrimination against pregnant women in the labour market by creating equal opportunities in recruitment, should they meet all the requirements for the applicable position.
Amendment 118 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
3b. in the cases referred to in Articles 5, 6 and 7, the employment rights relating to the employment contract, including the maintenance of a payment to, and/or entitlement to an equivalent allowance for, workers within the meaning of Article 2, must be ensured in accordance with national legislation and national practice;
Amendment 120 #
Proposal for a directive – amending act
Article 1 – point 3 – point a (new)
Article 1 – point 3 – point a (new)
Directive 92/85/EEC
Article 11 – point 1 aa (new)
Article 11 – point 1 aa (new)
(aa) In Article 11, the following point 1 aa is inserted: 1aa. Member States may adopt preventive and monitoring measures for the protection and safety at the workplace of pregnant workers and workers who have recently given birth.
Amendment 122 #
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – –point 3
Article 11 – –point 3
3. the allowance referred to in point 2(b) shall be adeemed adequatequate equivalent 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 125 #
Proposal for a directive – amending act
Article 1 – point 3 – point c a (new)
Article 1 – point 3 – point c a (new)
Directive 92/85/EEC
Article 11 – point 3 3 a (new)
Article 11 – point 3 3 a (new)
(ca) The following point 3a is inserted: (3a) the right of workers on maternity leave to receive automatically any increase of salary, if applicable, without temporarily having to terminate their maternity leave so as to benefit from the salary increase, must be ensured.