18 Amendments of Jeroen LENAERS related to 2017/0085(COD)
Amendment 83 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Paternity and parental leave arrangements are an essential part of the efforts to achieve a work-life balance, but accessible and affordable childcare, fiscal measures and other relevant national policy measures for which the Member States are responsible are also key to promoting the balance between work and life and increasing the employment rate of women and the economic independence of women in particular.
Amendment 86 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) A minimum level of paid leave arrangements and options applicable in all Member States will indeed contribute to flexible working and help to create a fair and level-playing field, but ignores the big differences between Member States, the importance of the mix of measures at national level in this area and the fact that social policy is primarily a competence of the Member States themselves, while the EU plays a complementary and supporting role in it.
Amendment 92 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) The sensitivity surrounding the issue of subsidiarity lies in particular in the search for a balance between the desire to establish decent and fair minimum standards in Europe, in particular when it comes to leave arrangements, and the fact that these issues do not involve cross-border problems, that it would not be true to say that they can only be resolved at EU level, and that the social domain is in principle a matter for the Member States.
Amendment 246 #
Proposal for a directive
Recital 29
Recital 29
(29) In particular, nothing in this Directive should be interpreted as diminishing previously existing rights under Directive 2010/18/EU and Directive 2006/54/EC, including its Article 19. All references to the repealed Directive 2010/18/EU should be construed as references to this DirectiveThe minimum requirements and standards laid down in Directive 2010/18/EU concerning paternity leave and parental leave should therefore continue to apply in full. This Directive should accordingly be converted into a recommendation. The corresponding provisions of this instrument, which at this stage is still a proposal for a Directive, should remain valid as recommendations and therefore become non-binding minimum guidelines for the Member States.
Amendment 247 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Five years after the entry into force of the non-binding guidelines concerned, the progress at Member State level should be reviewed. Should it become clear that insufficient progress has been made in the Member States, these non-binding guidelines should then be transformed into binding guidelines.
Amendment 365 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall be encouraged to take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.
Amendment 388 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. If, after the evaluation procedure provided for by Article 18, it is apparent that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.
Amendment 398 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall be encouraged to take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 449 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall be encouraged to take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 466 #
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. If, after the evaluation procedure provided for by Article 18, it is apparent, in the light of the previous paragraphs of this article, that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.
Amendment 485 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall be encouraged to 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 relative.
Amendment 491 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
If, after the evaluation procedure provided for by Article 18, it is apparent that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.
Amendment 498 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall be encouraged to 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 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 532 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall be encouraged to 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.
Amendment 655 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by five years after the entry into force of this Directiveese non-binding guidelines, Member States shall communicate to the Commission all relevant information concerning the application of this Directiveese guidelines necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directiveese guidelines.
Amendment 661 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 675 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Non-regression Article 18a 1. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this proposal. 2. The implementation of these guidelines shall not constitute valid grounds for reducing the general level of protection afforded to workers.
Amendment 676 #
Proposal for a directive
Article 19
Article 19