Activities of Renate WEBER related to 2017/0085(COD)

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Recital 12 a (new)

(12a) In order to ensure effectiveness of the rights provided by Union law, the personal scope of this Directive should take into consideration the case law of the Court of Justice of the European Union, which has established criteria for determining the status of a worker1a.They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. If they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within the scope of this Directive. __________________ 1aJudgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016,Ruhrlandklinik, Case C- 216/15.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 12 b (new)

(12b) Union legislation ensures the principle of equal treatment between various types of employment relationships, prohibits any direct or indirect discrimination based on sex in matters of employment, occupation, social protection and access to goods and services, ensures portability and preservation of rights in case of mobility between Member States and guarantees minimum requirements for the acquisition and preservation of supplementary pension rights across borders, as well as minimum requirements in terms of transparency of occupational schemes.

2018/04/20
Committee: EMPL

Renate WEBER, Jasenko SELIMOVIC

Proposal for a directive
Recital 12 c (new)

(12c) As labour markets evolve, social protection systems need to evolve too, to ensure that the European social model is future-proof and that it enables Union societies and economies to make the most of the future world of work. However, in most Member States, the rules governing contributions and entitlements of social protection schemes are still largely based on full-time open-ended contracts between a worker and a single employer while other groups of workers and the self-employed have been more marginally covered. Evidence shows that some non- standard workers and some self-employed have insufficient access to the branches of social protection which are more closely related to the labour market status or type of employment relationship. Social protection rights are not always preserved and transferred when individuals are transiting between different labour market statuses, for instance going from employment to self-employment or unemployment, combining salaried employment and self-employment, starting or closing down a business.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 12 d (new)

(12d) In the long run, the gaps in access to social protection may put at risk the welfare and health of individuals, contribute to increasing economic uncertainty, poverty risk and inequalities, and may also lead to suboptimal investment in human capital, reduce trust in institutions and limit inclusive economic growth. Therefore, the self- employed should come within the scope of this Directive.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 15

(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the ~~specific~~ needs of parents in ~~particularly disadvantaged situations~~specific situations, in particular with regard to children with disabilities, serious medical conditions or illness, in accordance with their national law and practice.

2018/04/20
Committee: EMPL

Renate WEBER, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental or carers' leave, workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, such as training or retraining to be decided between the parties concerned, taking into account national law, collective agreements and practice

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor an elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative 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 dependency may be required prior to granting of the leave.

2018/04/20
Committee: EMPL

Renate WEBER, Jasenko SELIMOVIC, Robert ROCHEFORT

Proposal for a directive
Recital 19 a (new)

(19a) Member States should give special attention to single parents who face particular challenges in terms of work-life balance and need specific support. This Directive should allow for separate provisions regarding leave and flexible working arrangements for single parents.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 21

(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore ~~be able to request~~have the right to request, based on discussions with the employer, flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.

2018/04/20
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Recital 27 a (new)

(27a) Local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare (including the different types of child minding), care for the elderly and people with disabilities, education and social services or employment, as well as social integration and employability, should be involved in the implementation of the proposed measures. Moreover, local and regional authorities should promote best practices and mutual learning on work-life balance measures.

2018/04/20
Committee: EMPL

Proposal for a directive
Recital 27 a (new)

(27a) Civil society, including equality bodies should have a role in the effective application of gender equality laws and provisions in employment relations with a view to ensuring equal treatment; Member States should improve social dialogue and the exchange of experience and best practice among all relevant stakeholders.

2018/04/20
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or an employment relationship, according to the criteria established by the Court of Justice of the European Union for determining the status of a worker and to the self-employed.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers or the persons legally recognised as such to be taken on the occasion of the birth of a child;

2018/04/25
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

2018/04/25
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a relative or, in accordance with national law, a worker not directly belonging to the family who provides such care on a non- profit basis, upon written request of the person being cared for;

2018/04/25
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) "relative" means a worker's son, daughter, ~~mother, father,~~step-child, foster child, mother, father, including adoptive ones, as well as step-father, -mother, siblings, grandparents and grandchildren, as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law;

2018/04/25
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) "dependency" means a situation in which a person is, temporarily or permanently, in need of care and / or assistance due to disability or, a serious medical condition other than serious illness or age;

2018/04/25
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “flexible working arrangements” means the possibility for workers after discussions with their employer to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.

2018/04/25
Committee: EMPL

Renate WEBER, Marian HARKIN, Jasenko SELIMOVIC, Enrique CALVET CHAMBON

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(fa) "single parent" means a person who is neither married nor in a partnership as recognised by national law and who has sole parental responsibility for a child.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers or the persons legally recognised as such have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The right to paternity leave referred in paragraph 1 shall be granted irrespective of the length of service or the status of employment of the employee.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 2 a (new)

2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific situation.

2018/04/25
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall ~~assess the need for the~~establish facilitated conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or long-term illness. in particular through measures such as the extension of the age limit of the child to the purpose of parental leave, facilitated access to part time work upon their return to the workplace and/ or an extension of the length of the parental leave.

2018/04/25
Committee: EMPL

Proposal for a directive
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 medical condition ~~of the worker's relativ~~, dependency or the loss of autonomy of the worker's relative. The information on the medical condition, dependency or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

2018/04/25
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 6 – paragraph 1 a (new)

Member States shall assess the need to adapt or extend the definition of "carer" to the purpose of applying for the relevant leave, with the aim of taking into account situations of particular difficulty.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation. The employees should support such requests with appropriate documents.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)

Member States shall assess the need for arrangements necessary to make sure the application of flexible working arrangements is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with disabilities, long- terms illnesses or mental health problems.

2018/04/25
Committee: EMPL

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 9 – paragraph 2

2. Employers shall consider and respond 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 in writing.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 10 – paragraph 1

1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4, 5, 6, 7 or 69 starts shall be maintained until the end of such leave or of the respective period of time for the flexible working arrangements. At the end of such leave, those rights, including any changes arising from national law, collective agreements or practice, shall apply.

2018/04/25
Committee: EMPL

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that, at the end of leave or of the respective period of time for the flexible working arrangements, referred to in Article 4, 5, 6, 7 or 6,9 workers are entitled to ~~return to~~have their jobs ~~or to~~reserved or if appropriate to obtain equivalent posts on terms and conditions which 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.

2018/04/25
Committee: EMPL